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Wash. gay wedding flowers case goes to court
Court Watch | 2013/06/28 09:03
The dispute over a Washington state florist who declined to provide flowers for a same-sex wedding goes to court Friday.

Oral arguments are scheduled in Benton County Superior Court.

The Washington state attorney general's office sued the owner of Arlene's Flowers, Baronelle Stutzman, saying she violated consumer protection law by refusing service in March to customers Robert Ingersoll and Curt Freed.

Stutzman says she has no problem with homosexual customers but won't support gay weddings because of her religious beliefs.

In addition to the state, the ACLU sued Stutzman on behalf of the Kennewick, Wash. couple. A religious freedom group, Alliance Defending Freedom, countersued the state on behalf of Stutzman.



Supreme Court strikes federal marriage provision
Breaking Legal News | 2013/06/26 09:30
In a major victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.

The justices issued two 5-4 rulings in their final session of the term. One decision wiped away part of a federal anti-gay marriage law that has kept legally married same-sex couples from receiving tax, health and pension benefits.

The other was a technical ruling that said nothing at all about same-sex marriage, but left in place a trial court's declaration that California's Proposition 8 is unconstitutional. That outcome probably will allow state officials to order the resumption of same-sex weddings in the nation's most populous state in about a month.

In neither case did the court make a sweeping statement, either in favor of or against same-sex marriage. And in a sign that neither victory was complete for gay rights, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. A separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.



High court to review immigration dispute
Court Watch | 2013/06/25 08:51
The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress debates immigration reform.

The justices said Monday they will hear an appeal from the Obama administration arguing that children who have become adults during their parents' years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. Under U.S. immigration law, children 21 and older cannot immigrate under their parents' applications for green cards, even if the parents' application took decades to process.

An immigration spokesman declined to comment on the case Monday. The Obama administration has argued in the past that the thousands of green card applicants who lost their place in line for U.S. residency when they turned 21 do not merit priority status when they file their own visa applications.    

Immigration advocates said it is hypocritical of the Obama administration to tell Congress that the nation's immigration laws are too tough and need to be rewritten, while at the same time insisting on conservative interpretations of those laws when processing family visa applications. President Barack Obama has vowed to help immigrants obtain legal status while also deporting record numbers of immigrants.



Court: Ex-Im Bank needs to explain Air India loan
Legal Spotlight | 2013/06/20 16:19
A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.

A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.

The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan.


Oregon court upholds governor's execution delay
Law Center | 2013/06/20 16:18
Oregon Gov. John Kitzhaber can delay the lethal injection of a death-row inmate who wants to waive his appeals and speed his execution, the state's highest court ruled Thursday.

The Oregon Supreme Court said Kitzhaber did not overstep his power when he granted a reprieve delaying the death sentence of Gary Haugen, who was convicted of two murders.

Kitzhaber opposes the death penalty and intervened weeks before Haugen was scheduled to be executed in 2011. The governor said he refused to allow an execution under a state death-penalty system he views as broken, vowing to block any execution during his term in office.

Haugen challenged Kitzhaber's clemency, saying the reprieve was invalid because Haugen refused to accept it. He also argued that it wasn't actually a reprieve but rather an illegal attempt by the governor to nullify a law he didn't like.

The governor argued that his clemency power is absolute, and nobody - certainly not an inmate on death row - can prevent him from doing what he believes to be in the state's best interest.


Texas governor woos disgruntled Conn. gun makers
Court Watch | 2013/06/19 10:45
Texas Gov. Rick Perry extolled the tax policies and regulatory climate of his state as he courted gun manufacturers that have threatened to leave Connecticut since the state passed new gun-control laws in response to the Newtown school massacre.

Perry shot at a firing range at Connecticut's venerable Colt Manufacturing Co., one of the plants he toured, and met privately with company owners and other businesses at a downtown Hartford restaurant. At a brief news conference afterward, the Republican offered a conservative policy blueprint in a state run by Democrats.

"Are your tax policies really in the best interest of your job creators?" he asked. "Is your regulatory climate one of which really allows your citizens to be able to enjoy the freedoms that they can have or they should have or that they think they should have? Or are they going to relocate somewhere?"

While gun makers may be unlikely to leave behind their factories and skilled workforces, executives say Texas is an appealing location. Some also said the out-of-state attention was a contrast with Connecticut Gov. Dannel P. Malloy, who they say has shown little regard for a local industry that dates to the Revolutionary War.

Malloy, a Democrat, signed new gun restrictions into law in April, four months after 20 children and six educators were murdered by a lone gunman at Sandy Hook Elementary School.


NJ court: Special US Senate election in Oct. OK
Court Watch | 2013/06/14 08:44
A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate's oldest member, who died last week at age 89.

Four Democrats and two Republicans have filed petitions to run in the Senate race to complete Lautenberg's term, with three early polls showing Democratic Newark Mayor Cory Booker as the front-runner.

Christie scheduled the election for Oct. 16. A group of Democrats sued, saying it should be held Nov. 5, the day voters are going to the polls in the general elections anyway.

Christie's critics have complained that holding the election in October will cost taxpayers unnecessarily. Officials say each election costs the state about $12 million to run.

Judge Jane Grall wrote Thursday that objections to the costs of the election are policy matters that aren't questions for the court.



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