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Court: Vt. ruling stands in lesbian custody case
Breaking Legal News | 2008/06/07 11:14
The Virginia Supreme Court says that a Vermont court's ruling should stand in a child visitation dispute between two former lesbian partners.

Friday's decision is a victory for Janet Jenkins, who entered a civil union with Lisa Miller in Vermont in 2000. Two years later, Miller gave birth to a daughter conceived through artificial insemination. The women later split up, and their civil union was dissolved.

A Vermont judge awarded custody of their 5-year-old daughter to Miller, with regular visitation for Jenkins.

Miller and the child now live in Winchester, Virginia. Jenkins has been fighting for child visitation rights, but Miller has contested those efforts.



Court: Vt. ruling stands in lesbian custody case
Breaking Legal News | 2008/06/06 11:15
Virginia's highest court ruled Friday that the state must enforce a Vermont court order awarding child-visitation rights to a mother's former lesbian partner.

The Virginia Supreme Court rejected Lisa Miller's claim that a lower court improperly ignored a Virginia law and a state constitutional amendment that prohibit same-sex unions and the recognition of such arrangements from other states.

The ruling was a victory for Janet Jenkins, who has been fighting for visitation rights since the dissolution of the civil union she and Miller obtained in Vermont in 2000. In 2002, Miller gave birth to the daughter, Isabella, who now is at the center of a legal battle closely watched by national conservative and gay rights groups.

Miller renounced homosexuality and moved back to Virginia with the child after the couple split, and she has fought Jenkins' visitation efforts. However, the Supreme Court ruled that a federal law aimed at preventing parents from crossing state lines to evade a custody ruling requires Virginia to enforce Vermont's order.



Calif. court refuses to stay gay marriage ruling
Breaking Legal News | 2008/06/05 08:52
California's highest court Wednesday refused to stay its decision legalizing same-sex marriage in the state, clearing the final hurdle for gay couples to start tying the knot this month.

Conservative religious and legal groups had asked the California Supreme Court to stop its May 15 order requiring state and local officials to sanction same-sex unions from becoming effective until voters have the chance to consider the issue in November. The justices' decisions typically become final after 30 days.

An initiative to ban gay marriage has qualified for the Nov. 4 ballot. Its passage would overrule the court's decision by amending the state constitution to limit marriage to a man and a woman.

In arguing for a delay, the amendment's sponsors predicted chaos if couples married in the next few months, only to have the practice halted at the ballot box.

The four justices who denied the stay request were the same judges who joined in the majority opinion that found withholding marriage from same-sex couples constituted discrimination. The three dissenting justices said they thought a hearing on whether the stay should be granted was warranted.

The majority did not elaborate on its reasons for denying the stay, but simply issued a one-page order saying its original ruling on marriage would be final at 5 p.m. on June 16.

Wednesday's denial clears the way for gay couples in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.



Calif. court refuses to stay gay marriage ruling
Breaking Legal News | 2008/06/04 08:20
California's highest court has refused to stay until after the November election its decision legalizing same-sex marriage in the state.

Conservative religious and legal groups had asked the California Supreme Court to stop its order from becoming effective until voters have the chance to weigh in on the issue.

An initiative that would amend the state constitution to ban gay marriage has qualified for the ballot. Its passage would overrule the court's decision.

The Supreme Court says its ruling will be final at 5 p.m. on June 16.

Wednesday's denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.



Court rules for defendants on money laundering
Breaking Legal News | 2008/06/03 04:02
The Supreme Court ruled Monday that federal prosecutors have gone too far in their use of money laundering charges to combat drug traffickers and organized crime.

In two decisions — one a 5-4 split, the other unanimous — the justices found that money laundering charges apply only to profits of an illegal gambling ring and cannot be used when the only evidence of a possible crime is when someone hides large amounts of cash in his car when heading for the border.

The government brings money laundering cases against more than 1,300 people annually and the justices appeared to agree with defense lawyers who said government prosecutors have been stretching the bounds of the law. The Justice Department drew little sympathy from Justice Antonin Scalia.

"The government exaggerates the difficulties" of enforcing a narrowed interpretation of money laundering, Scalia wrote in the gambling case involving an illegal lottery. Scalia drew the support of three other justices. The deciding fifth vote came in a separate opinion from a member of the liberal wing of the court, Justice John Paul Stevens. Stevens declined to go as far as Scalia did in rejecting the government's position.



Justices rule for defendants on money laundering
Breaking Legal News | 2008/06/02 08:51
The Supreme Court on Monday ruled against the government in two money laundering cases, making it more difficult for prosecutors to use an important weapon in the war on drugs and organized crime.

In a unanimous decision, Justice Clarence Thomas said that a money laundering case cannot be proven merely by showing that funds were concealed while being transported.

In a 5-4 ruling, Justice Antonin Scalia said that money laundering refers to profits of an illegal operation, not gross receipts. The court's interpretation is a narrow one opposed by law enforcement agencies.

Scalia said the narrow definition will not unduly burden authorities, who must show only that a single instance of unlawful activity was profitable.

In the cases of Efrain Santos and Benedicto Diaz, a federal judge and the 7th U.S. Circuit Court of Appeals in Chicago said that paying off gambling winners and compensating employees who collect the bets don't qualify as money laundering. Those are expenses, and prosecutors must show that profits were used to promote the illegal activity, the appeals court ruled in a decision affirmed by the Supreme Court.

In dissent, Justice Samuel Alito said that the court's ruling would frustrate congressional intent and "maim" a law that was enacted as an important defense against organized criminal enterprises.



Court refuses to consider fantasy baseball dispute
Breaking Legal News | 2008/06/02 08:50
The Supreme Court on Monday refused to step into a dispute between a fantasy sports business and professional baseball.

Without comment, the justices declined to hear the case involving a segment of the $1.5 billion fantasy sports industry in the United States, in which participants manage imaginary teams based on the real-life performances of professional players.

The lawsuit involves C.B.C. Distribution and Marketing Inc., a Missouri company unable to obtain a license from a subsidiary of Major League Baseball to use players' names in C.B.C.'s fantasy baseball games.

The Missouri company sued, saying it did not need a license to continue to sell its fantasy baseball games on its Web site.

The baseball players' union jumped into the case on the league's side, alleging a state law violation of the players' publicity rights — the ability to profit from the commercial use of a person's name.

A federal court and the 8th U.S. Circuit Court of Appeals in St. Louis ruled in favor of the fantasy baseball business, saying that enforcing state law rights would violate C.B.C.'s right of free speech protected by the First Amendment.

The National Football League Players Association supported professional baseball's request that the Supreme Court hear the case.



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