Lambda Legal Hub




Lambda Legal Asks Court for Swift Ruling to End Discriminatory Marriage Ban in Puerto Rico: READ

Screenshot 2014-09-16 17.05.48

Lambda Legal is officially seeking a summary judgment from the District Court of Puerto Rico that would effectively put an end to the district’s same sex marriage ban. In June, Lambda Legal joined Puerto Rico Para Tod@s, an LGBT non-profit organization, in supporting the Conde v. Rius Armendariz class action lawsuit

Following a ceremony performed in Massachusetts Ivonne Álvarez Velez and Ada Conde Vidal became Puerto Rico’s first married lesbian couple. Since 1999, a Puerto Rican amendment to the commonwealth’s civil code has made it so that Puerto Rico does not recognize same sex marriages--even those performed in other jurisdictions. Conde, a lawyer by training, filed the suit after realizing that she would be barred from making medical decisions on behalf of her ailing daughter.

“If she dies, I want my marriage legally recognized,” Conde explained to the Washington Blade this past March. “If I am not recognized, I will not have any rights to request her estate.”

Conde and her partner are joined by four other gay and lesbian couples, two of whom are looking to actually be married within Puerto Rico, while the others seek to have their pre-existing marriages recognized.

“All families deserve to have their love and commitment recognized in Puerto Rico,” said Omar Gonzalez-Pagan Lambda Legal’s staff attorney working with Puerto Rico Para Tod@s. “They need the protections only marriage can provide as soon as possible, without discrimination.”

Read Conde v. Rius Armendariz's full legal brief, AFTER THE JUMP...

Continue reading "Lambda Legal Asks Court for Swift Ruling to End Discriminatory Marriage Ban in Puerto Rico: READ" »


Gay Chicago Couple Kicked Out Of Taxi For Kissing Files New Lawsuit: VIDEO

CHI

Last June, Chicago couple Steven White and Matt McCrea were kicked out of a taxi for sharing a closed-mouth second-long kiss. In October, Lambda Legal stepped in to file a complaint on behalf of the couple with the Illinois Department of Human Rights. Christopher Clark, Senior Staff Attorney for Lambda Legal, then commented, "A taxi-cab company, like any other business in Illinois that offers services to the public, is bound by the Illinois Human Rights Act to not discriminate based on sexual orientation, among other protected categories." However, as NBC 5 Chicago reports, that complaint was rejected "because the department said it had no jurisdiction over corporate entities." The couple has now filed a lawsuit against the taxi cab company: 

"It's ludicrous to suggest that a cab company is not responsible for the discrimination enacted by its drivers," the couple's lawyer, Christopher Clark, said. "They should be liable under the law for the conduct of their agents."

The suit claims the driver, who is not named in the suit, complained the men were "making sex" in the cab in May 2013. McCrea and White, who were heading into the city from O'Hare, say the driver began flashing the interior lights of the vehicle and then swerved on to the shoulder of the Kennedy Expressway and demanded they get out miles before their intended destination.

Meanwhile, the driver was issued several violations and fined close to $2,000 because of the incident. 

Watch a news report on the couple's latest legal action, AFTER THE JUMP...

Continue reading "Gay Chicago Couple Kicked Out Of Taxi For Kissing Files New Lawsuit: VIDEO" »


Lambda Legal Sues For Unconstitutional Deprivation Of Veterans Benefits To Same-Sex Spouses

VA

Lambda Legal has filed suit against the Secretary of Veterans Affairs on behalf of the American Military Partner Association, an advocacy organization dedicated to supporting partners and spouses of LGBT troops and veterans.

Lambda argues that the denial of benefits to same-sex spouses of veterans living in states that refuse to recognize their marriages violates the Supreme Court’s decision striking down the Defense of Marriage Act (DOMA).

The petition argues that the Supreme Court’s decision in United States v. Windsor striking down Section 3 of DOMA specifically flagged as unconstitutional the deprivation of veterans benefits to same-sex spouses.

The petition further states:

“Having weathered the federal government’s past, longstanding discrimination against them, lesbian and gay veterans and their families find themselves once again deprived of equal rights and earned benefits by the government they served and the nation for which they sacrificed.”

Susan Sommer, Director of Constitutional Litigation at Lambda Legal, said:

“Gay and lesbian veterans have served their country and risked the ultimate sacrifice to fulfill their duty to this nation. Married veterans and their spouses, wherever they live, need critical veterans benefits, earned through years of often perilous service, to take care of their families. No member of our community should be left behind just because their home state continues to discriminate against their marriage.”

Read the petition HERE.


ACLU and Lambda Legal Ask Supreme Court to Reject Motion To Delay Same-Sex Marriage In Virginia

6a00d8341c730253ef01b7c6cce630970b-450wi

Late last week, U.S. Supreme Court Chief Justice John Roberts agreed to review a request from Virginia county clerk Michèle McQuigg to stay a ruling from the Fourth Circuit Court of Appeals that struck down the state’s ban on same-sex marriage. Yesterday, prompted by Chief Justice Roberts’ intervention, the ACLU and Lambda Legal asked that the Fourth Circuit’s ruling not be stayed so that same-sex marriage can begin at last in Virginia:

"We will do everything we can to ensure that same-sex couples do not have to wait a day longer than necessary to finally receive the dignity and protection that only comes with marriage," said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project, who argued the case for the class before the federal appeals court. "The historic Supreme Court case that affirmed the right of people of different races to marry started in in Virginia. In the 47 years since then, committed same-sex couples in the commonwealth have been patiently waiting for the freedom to marry the person they love."

The organizations also will request that, if the Court decides to grant the stay, it should accept the case for full review as quickly as possible in order to minimize the harm that would be caused by the delay of the Fourth Circuit decision.

As WVEC notes, same-sex couples will be allowed to wed in Virginia starting August 21 unless the Supreme Court grants a stay of the Fourth Circuit’s decision. 


Alaska Supreme Court Implements Survivor Benefits for Gay Couples

AlaskaGay marriage is not legal in the state of Alaska, but on Friday the state's Supreme Court made a major decision the state's fight for equality.

The court ruled the case of Harris v. Millennium Hotel, and their verdict ensures same-sex couples in Alaska are now offered the same survivor benefits as their straight counterparts. The ruling extends the scope of the state's workers’ compensation law, which requires employers to provide benefits to the spouse of a person who dies from a work-related injury.

Now everyone will have their day in court.

The case of Harris v. Millennium Hotel was filed by Lambda Legal, on behalf of Deborah Harris, who was seeking survivor benefits after her partner Kerry Fadely was killed by a disgruntled former employee at her place of employment, Anchorage’s Millennium Hotel.

(h/t Lambda Legal)


Seventh Circuit Court Of Appeals Says Indiana Must Recognize Terminally Ill Lesbian’s Marriage: READ

6a00d8341c730253ef01a511d7fd9b970c-800wiThe U.S. Seventh Circuit Court of Appeals ruled that the state of Indiana must recognize the marriage of a terminally ill lesbian, Niki Quasney, while the state appeals District Judge Richard L. Young’s earlier ruling that found Indiana’s ban on same-sex marriage to be unconstitutional. Nicki, who is married to wife Amy Sandler, is currently battling stage IV ovarian cancer. Lambda legal filed the emergency motion that resulted in the seventh circuit lifting its earlier stay of Judge Young’s decision: 

Paul D. Castillo, Staff Attorney for Lambda Legal, said:

It is time for the State of Indiana to leave Niki and Amy in peace and not subject them and their marriage to any more stress and uncertainty as this case proceeds. We’re thrilled that the court ruled in favor of this family as Niki battles stage four ovarian cancer. We will continue to fight until no family in Indiana needs to worry about their marriage being stripped away from them and all Hoosiers have the freedom to marry.

In response to the emergency motion filed by Lambda Legal on behalf of Niki and Amy, the 7th Circuit also set an expedited briefing schedule in Baskin v. Bogan, with all briefs in the case due by August 5. Arguments in the case could come as early as the end of the summer. 

Read the court order, AFTER THE JUMP…

Continue reading "Seventh Circuit Court Of Appeals Says Indiana Must Recognize Terminally Ill Lesbian’s Marriage: READ " »


Trending



Towleroad - Blogged