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Court: Transgender asylum seekers can't be equated with gays
Court Watch |
2015/09/04 20:22
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Transgender people can be especially vulnerable to harassment and attacks and shouldn't be equated with gays and lesbians by U.S. immigration officials determining whether to grant asylum, a federal appeals court said Thursday.
The San Francisco-based 9th U.S. Circuit Court of Appeals issued the ruling in the case of a transgender Mexican woman who sought shelter in the U.S. on the grounds that she would likely be tortured if returned to Mexico.
Edin Avendano-Hernandez said she had been sexually assaulted by uniformed Mexican police and a military official for being transgender.
The Board of Immigration Appeals wrongly relied on Mexican laws protecting gays and lesbians to reject Avendano-Hernandez's asylum request, the ruling states.
The 9th Circuit said transgender people face a unique level of danger and are specifically targeted in Mexico by police for extortion and sexual favors.
"While the relationship between gender identity and sexual orientation is complex, and sometimes overlapping, the two identities are distinct," Circuit Judge Jacqueline Nguyen wrote. "Significant evidence suggests that transgender persons are often especially visible, and vulnerable, to harassment and persecution due to their often public nonconformance with normative gender roles." |
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Washington Supreme Court rules against Backpage.com
Court Line |
2015/09/03 20:22
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The website Backpage.com may not be immune from state liability law and a lawsuit filed by three young girls who said they were sold as prostitutes on the website can proceed to trial, the Washington Supreme Court ruled Thursday.
In a 6-3 decision, the justices said the federal Communications Decency Act does not protect Backpage from state lawsuits because of allegations that the company didn't just host the ads, but helped develop the content.
"The plaintiffs before us have been the repeated victims of horrific acts committed in the shadows of the law," said Justice Steven Gonzalez, writing for the majority. "They brought this suit in part to bring light to some of those shadows: to show how children are bought and sold for sexual services online on Backpage.com in advertisements that, they allege, the defendants help develop."
The case should proceed because the girls have alleged facts that, if proved, would show that Backpage helped produce illegal content, the justices said. |
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Clerk in gay marriage case to appear in federal court
Court Watch |
2015/09/03 20:22
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A county clerk in Kentucky who has repeatedly defied court orders by refusing to issue marriage licenses will appear before a federal judge who could hold her in contempt of court.
Rowan County clerk Kim Davis has been summoned to the hearing at 11 a.m. Thursday before U.S. District Judge David Bunning. He's also ordered all Davis' deputy clerks to appear. Bunning could hold Davis in contempt, which can carry hefty fines or jail time.
Davis stopped issuing licenses to all couples in June after the U.S. Supreme Court legalized gay marriage. Despite rulings against her, she's turned away couples again and again, citing her Christian beliefs and "God's authority."
The couples who originally sued in the case have asked Bunning to punish Davis with fines but not jail time.
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Court cuts prison sentence for Memphis 'sovereign citizen'
Law Firm Topics |
2015/09/02 20:23
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An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.
Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.
The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.
Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.
Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.
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Alaska Supreme Court won't block Medicaid expansion
Law Firm Topics |
2015/09/01 20:23
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Thousands of lower-income Alaskans will become eligible for Medicaid after the Alaska Supreme Court on Monday refused to temporarily block the state from expanding the health care program.
The win capped a big day for Alaska Gov. Bill Walker, who earlier flew with President Barack Obama from Washington, D.C., to Anchorage.
"The Alaska Supreme Court's ruling today brings final assurance that thousands of working Alaskans will have access to health care tomorrow," Walker said in a statement issued Monday evening.
Walker earlier this summer announced plans to accept federal funds to expand Medicaid coverage after state legislators tabled his expansion legislation for further review.
The Legislative Council, acting on behalf of lawmakers, sued to stop expansion.
Thirty other states and the District of Columbia have expanded Medicaid, or plan to do so, to include all adults with incomes at or below 138 percent of the federal poverty level.
The federal government agreed to pay all costs for the new enrollees through 2016, but it will begin lowering its share in 2017. States will pay 10 percent of the costs by 2020.
Some Alaska legislators have expressed concern with adding more people to a system they consider broken. Administration officials have acknowledged the current Medicaid program isn't sustainable, but they see expansion as a way to get federal dollars to help finance reform efforts.
On Friday, Superior Court Judge Frank Pfiffner denied the request from lawmakers to halt expansion while a lawsuit moves forward. The Alaska Supreme Court on Monday agreed, saying lawyers for the lawmakers failed to show Pfiffner erred when denying the motion for a preliminary injunction.
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