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Gay marriages rise 5 years after Supreme Court ruling
Breaking Legal News |
2020/09/19 11:25
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Five years after the U.S. Supreme Court legalized same-sex marriages around the U.S., more than a half million households are made up of married same-sex couples, according to figures the U.S. Census Bureau released Thursday.
Since 2014, the year before the U.S. Supreme Court legalized same sex marriages, the number of married same-sex households has increased by almost 70%, rising to 568,110 couples in 2019, according to the Census Bureau’s American Community Survey.
Of the 980,000 same-sex couple households reported in 2019, 58% were married couples and 42% were unmarried partners, the survey showed.
There were slightly more female couple households than male couple households.
“Opponents of marriage equality frequently argued that same-sex couples really weren’t all that interested in marriage. But the large increase in marriages among same-sex couples since marriage equality became legal nationwide offers evidence of the clear desire for marriage among same-sex couples,” said Gary Gates, a demographer specializing in LGBT issues.
The survey revealed noticeable economic differences between male couples and female couples, as well as same-sex couples and opposite-sex couples.
Same-sex married couples had a higher median income than opposite-sex married couples, $107,210 compared to $96,932. In same-sex marriages, though, male couples earned more than female couples, $123,646 versus $87,690.
According to the survey, same-sex married households were more likely to be in the workforce than opposite-sex married households, 84.6% compared to 80.4%.
However, there was a difference between gay and lesbian couples. Married women in same-sex households were much more likely to be working than married women in opposite-sex households, but the reverse was true for married men in same-sex households. They were less likely to be working than married men in opposite-sex households, according to the Census Bureau.
“While most research shows that gay and bisexual men, on average, do not earn more than their comparable heterosexual male counterparts, that research also shows that they tend to earn more than lesbian and bisexual women,” Gates said. “Unfortunately, gender discrimination is present, regardless of sexual orientation.”
Separate survey results also released Thursday show almost 15% of same-sex couples had at least one child under age 18, compared to 37.8% of opposite-sex couples. Of the nearly 300,000 children living in a homes with same-sex couples, 66% were children of both partners or spouses, compared to 95% for opposite-sex couples, according to the Census Bureau’s Current Population Survey.
The District of Columbia had the greatest concentration of same-sex households, at 2.4% of households, followed by Delaware (1.3%), Oregon (1.2%), Massachusetts (1.2%) and Washington State (1.1%), according to the American Community Survey.
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Alaska Supreme Court rules bonding plan is unconstitutional
Breaking Legal News |
2020/09/05 09:44
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The Alaska Supreme Court on Friday rejected as unconstitutional former Gov. Bill Walker’s proposal to use bonding to pay Alaska’s oil and gas tax credit obligations. The court, in a written ruling, said the plan, which was approved by the Legislature in 2018, is “unconstitutional in its entirety.”
The bill passed by lawmakers approved the creation of a state corporation that would be empowered to sell up to $1 billion in bonds to pay off remaining tax credit obligations. The Legislature previously voted to end the tax credit program geared toward small producers and developers, saying that the program had become unaffordable.
The state constitution limits the power to incur state debt. But a 2018 legal opinion by then-Attorney General Jahna Lindemuth said the proposed bonds would not be considered state debt subject to the constitutional restraints because they would be “subject-to-appropriation” bonds and contingent upon annual legislative appropriation decisions.
Superior Court Judge Jude Pate dismissed the lawsuit brought by resident Eric Forrer, who had challenged the bonding plan. Forrer appealed.
The Alaska Supreme Court, in its decision, said subject-to-appropriation bonds are “contrary to the plain text of the Alaska Constitution and the framers' intent.”
“If the State intends to utilize financing schemes similar to HB 331 in the future, it must first seek approval from the people ? if not through a bond referendum then through a constitutional amendment,” the opinion states. HB 331 refers to the bonding bill.
Joe Geldhof, an attorney for Forrer, said “the real winner here" is Alaska's constitution and the citizens of the state who won't incur “needless debt based on a scheme.”
Gov. Mike Dunleavy's office, in a statement, said the departments of Revenue and Law are reviewing the decision to understand its impacts. |
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9th Circuit ends California ban on high-capacity magazines
Breaking Legal News |
2020/08/15 09:47
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A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.
“Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”
He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
California Attorney General Xavier Becerra’s office said it is reviewing the decision and he “remains committed to using every tool possible to defend California’s gun safety laws and keep our communities safe.”
Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place.
But Becerra did not say if the state would seek a further delay of Friday’s ruling to prevent an immediate buying spree if the lower court judge ends that restriction. Gun groups estimated that more than a million high-capacity ammunition magazines may have legally flooded into California during a one-week window before the judge stayed his ruling three years ago.
Becerra also did not say if he would ask a larger 11-judge appellate panel to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.
Gov. Gavin Newsom, who championed the magazine ban when he was lieutenant governor, defended the law as a vital gun violence prevention measure.
“I think it was sound, I think it was right, and ... the overwhelming majority of Californians agreed when they supported a ballot initiative that we put forth,” he said Friday.
California Rifle & Pistol Association attorney Chuck Michel called Friday’s decision “a huge victory” for gun owners “and the right to choose to own a firearm to defend your family,” while a group that favors firearms restrictions called it ”dangerous” and expects it will be overturned.
The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court’s jurisdiction.
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High court: Rhode Island mail-in voters don't need witnesses
Breaking Legal News |
2020/08/12 09:47
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The U.S. Supreme Court on Thursday left in place an agreement that allows Rhode Island residents to vote by mail through November's general election without getting signatures from two witnesses or a notary.
State officials had agreed to suspend the witness requirement because of the coronavirus pandemic. They have said that fulfilling the requirement, which has been in place since at least 1978, results in close contact between voters and others, which could expose people to the virus.
The high court rejected an effort by the Republican National Committee and the Republican Party of Rhode Island to put the agreement on hold, noting that “no state official has expressed opposition.”
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the Republicans’ request.
Rhode Island allows voters to request to vote by mail for any reason, and the coronavirus has resulted in an enormous increase in mail-in voting. Nationwide, a surge in voting by mail is expected for the November general election because of the pandemic, and money to help the Postal Service process the anticipated increase has been a sticking point in talks for a virus relief package. President Donald Trump said Thursday he opposes additional funding.
Rhode Island is one of approximately a dozen states that require mail-in ballot envelopes to be signed by one or more witnesses or a notary. Republicans in Rhode Island argued that witness requirements deter voter fraud, though elections experts say voter fraud is rare. And they said the state is already allowing 20 days of early voting that will reduce the number of people who go to the polls on Election Day and has put in place other protections for voters and poll workers.
The case arose after Rhode Island Gov. Gina Raimondo, a Democrat, in April suspended the so-called two witness requirement for the state’s June 2 presidential primary.
In July, the American Civil Liberties Union brought a lawsuit on behalf of Common Cause Rhode Island, the League of Women Voters of Rhode Island and others in an effort to extend the suspension.
State officials ultimately agreed to keep the requirement suspended for the Sept. 8 primary and Nov. 3 general election. Republicans objected, but a judge approved the agreement. |
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Arizona landlords ask high court to invalidate eviction ban
Breaking Legal News |
2020/08/11 09:48
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Landlord advocacy groups filed a special action with the Arizona State Supreme Court Wednesday seeking to invalidate as unconstitutional Gov. Doug Ducey's moratorium on evictions of people who have missed rent payments because they became ill or lost their income due to the coronavirus.
The Arizona Multihousing Association, the Manufactured Housing Communities of Arizona and several individual property owners filed the action directly with the high court. It argues the moratorium violates the state constitution's separation of powers and its contract clause.
The multihousing association's president and CEO Courtney Gilstrap LeVinus says owners have waived fees, worked with renters to make payments, and helped them fill out government relief applications.
But five months after the moratorium was first imposed “we are at a breaking point,” she said, noting that property owners also have mortgages, taxes and other bills to pay.
She said rental housing is the only area of the state economy that has been compelled to provide a product or service free of charge during the pandemic. Ducey signed the moratorium order on March 24 and recently extended it until Oct. 31.
There was no immediate reaction from the governor's office to the court filing, which named the state and several justices of the peace and constables from around Arizona who are charged with serving eviction notices.
Arizona’s initial 120-day moratorium ending July 22 was supposed to ensure people wouldn’t lose their homes if they got COVID-19 or lost their jobs during pandemic restrictions. But advocates argued it was too early to end the ban because most of the government money set aside to help pay rents and mortgages still hasn’t been doled out.
The Arizona Housing Department still has a backlog of people trying to get rental assistance. Gregory Real Estate Management of Phoenix in July sued Ducey over the moratorium and asked that it be allowed to evict a family in a rental home in the city of Surprise over unpaid rent, which the firm says has passed $8,000.
But a Maricopa County Superior Court judge upheld the moratorium and disagreed with the company's argument that the governor’s action exceeded his authority or was unconstitutional. For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia and death. Pandemic restrictions, such as reducing capacity or closing businesses, are intended to limit crowds that can spread the virus. |
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Court hears testimony on whether Assange was spied on
Breaking Legal News |
2020/07/27 12:59
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Spain’s National Court heard testimony Monday in an investigation into whether a Spanish company was hired to spy on Julian Assange during the seven years the WikiLeaks founder spent in the Ecuadorean Embassy in London.
The court is investigating whether David Morales, a Spaniard, and his Undercover Global S.L. security agency invaded the privacy of Assange and his visitors at the embassy by secretly recording their meetings. The intelligence that Morales’ company collected is suspected of being handed over to third parties, according to court papers.
Among those set to face the court's questions Monday were prominent Spanish lawyer Baltasar Garzón, who is part of Assange’s legal team; former Ecuadorean consul in London Fidel Narváez; and Stella Morris, a legal adviser and Assange’s partner, who revealed earlier this year that she had two children with him while he lived in the embassy. Staff of the Spanish security company are due to testify on Tuesday.
Assange, whose lawyers filed a complaint at the court to trigger the investigation, is in a British prison after being removed from the embassy last year. He is fighting extradition to the United States, where he faces espionage charges over the activities of WikiLeaks.
The court is conducting an investigation, begun last year, before deciding whether there is evidence of wrongdoing that warrants a trial.
Undercover Global, also known as UC Global, was hired by Ecuador’s government to provide security at the Ecuadorean embassy in London between 2015 and 2018. Its main task was to secure the property’s perimeter, including the deployment of security staff, due to Assange’s presence inside, court papers say. |
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US Supreme Court denies Nevada church’s appeal of virus rule
Breaking Legal News |
2020/07/25 13:00
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A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
In a 5-4 decision, the high court refused to grant the request from the Christian church east of Reno to be subjected to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other businesses to operate at 50% of capacity with proper social distancing.
Calvary Chapel Dayton Valley argued that the hard cap on religious gatherings was an unconstitutional violation of its parishioners’ First Amendment rights to express and exercise their beliefs.
Chief Justice John Roberts sided with the liberal majority in denying the request without explanation.
Three justices wrote strongly worded dissenting opinions on behalf of the four conservatives who said they would have granted the injunctive relief while the court fully considers the merits of the case.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito wrote in a dissent joined by Clarence Thomas and Brett Kavanaugh.
“We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility,” Alito said. “The Constitution guarantees the free exercise of religion. It says nothing about freedom to play craps or blackjack, to feed tokens into a slot machine or to engage in any other game of chance.”
Kavanaugh also wrote his own dissent, as did Justice Neil Gorsuch, who said today’s world “with a pandemic upon us, poses unusual challenges.”
“But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Gorsuch wrote.
David Cortman, senior counsel for Georgia-based Alliance Defending Freedom representing the church, said in an email sent to The Associated Press late Friday that they were disappointed in the ruling but will continue to work to protect Calvary Chapel and others “from discriminatory policies that put religious groups at the back of the line for reopening.”
“When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.
The governor’s office didn’t immediately respond to a request for comment. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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