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Court declines to take up Episcopal Church dispute
Court Line |
2014/03/14 21:11
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The Supreme Court has declined to wade into a dispute between the Episcopal Church and a conservative congregation that left the denomination in a rift over homosexuality and other issues.
The justices on Monday rejected an appeal from The Falls Church, one of seven Virginia congregations that broke away from the Episcopal Church in 2006 and aligned itself with the more conservative Anglican Church of North America.
The breakaway congregation in suburban Washington, D.C., claimed a right to keep the church building and surrounding property. But the Virginia Supreme Court ruled the Episcopal Church retained ownership of the historic church.
The Falls Church was one of seven Virginia congregations that left the Episcopal Church because of theological differences, including the 2003 consecration of an openly gay bishop in New Hampshire. |
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Man pleads guilty to sea cucumber smuggling charge
Court Line |
2014/03/10 20:39
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Federal prosecutors in San Diego say a man has pleaded guilty to charges he smuggled 100 pounds of dried sea cucumber into the United States from Mexico.
Sea cucumbers are leathery-skinned marine animals used in some folk medicine practices.
United States Attorney Laura E. Duffy says Cheng Zhuo Liu (chuhng joo-oh lee-oo), a resident of Chula Vista, admitted to tucking the sea cucumbers into the spare tire area of his car before crossing the border last October.
According to the US attorney's office, their market value was between $5,000 and $10,000.
The particular species Liu had is protected under international trade rules, and requires a permit for import.
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UN court: Australia cannot use seized documents
Court Line |
2014/03/05 21:08
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The United Nations' highest court on Monday banned Australia from making any use of documents it seized from a lawyer working for East Timor in an arbitration case over a multibillion-dollar oil and gas deal between the two nations.
The International Court of Justice also ordered Canberra not to "interfere in any way in communications" between East Timor and its legal advisers in the arbitration or future negotiations on a maritime boundary between resources-rich Australia and its tiny, impoverished northern neighbor.
Australian agents in December raided the Canberra office of a legal adviser to East Timor and seized documents and data. That followed claims by a former Australian spy that his country bugged the East Timorese government ahead of negotiations on the Timor Sea Treaty that carves up revenue from oil and gas under the sea between the two countries.
East Timor wants to renegotiate the treaty, arguing that it is invalid because of the alleged bugging.
It went to the world court arguing the seizure was illegal. Monday's orders did not address that claim, which will be litigated later. |
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Arizona high court bars cuts to public pensions
Court Line |
2014/02/24 22:29
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The Arizona Supreme Court ruled Thursday that the Legislature can't cut cost-of-living increases promised to judges and state elected officials.
The court unanimously upheld a Superior Court judge's ruling in favor of retired judges who challenged the Legislature's 2011 decision to cut benefits increases for retirees in the state plan for judges and other elected officials.
The Legislature cut the cost-of-living increases after the judges' retirement system lost money in the Great Recession after gradually becoming underfunded in previous years.
Denying an appeal by state officials, the high court agreed the increases are part of a promised retirement benefit and are protected by the pension clause of the Arizona Constitution. That clause bars "diminishing or impairing" public retirement benefits.
Lawyers for the retired judges had argued that the clause protected both their retirement benefits and the increases to those benefits, while lawyers for the state argued that the protection only applied to benefits with increases calculated by current methods.
Arizona is not alone in grappling with the problem of underfunded public pensions. A proposed ballot initiative in California would allow cities to renegotiate public workers' future pension and retirement benefits. Oregon's Legislature passed a law similar to what Arizona passed in 2011 that cuts future cost-of-living adjustments.
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Court revives transgender widow's legal fight
Court Line |
2014/02/18 00:10
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A Texas appeals court on Thursday overturned a judge's ruling that had voided the marriage of a transgender widow whose firefighter husband died battling a blaze.
The 13th Texas Court of Appeals sent the case of Nikki Araguz back to the lower court, saying "there is a genuine issue of material fact regarding sex and whether the marriage was a same sex marriage."
In 2011, state District Judge Randy Clapp in Wharton County ruled that the marriage between Nikki Araguz and her husband Thomas Araguz was "void as a matter of law."
Thomas Araguz's mother and his first wife had challenged the marriage's validity, arguing the fallen firefighter's estate should go to his two sons because Nikki Araguz was born a man and Texas does not recognize same-sex marriage.
Nikki Araguz, 38, had argued in court she had done everything medically and legally possible to show she is female and was legally married under Texas law and that she's entitled to widow's benefits.
Kent Rutter, Nikki Araguz's attorney, said his client was very pleased by Thursday's ruling.
"This decision recognizes that transgender Texans have the right to marry the person that they love," he said.
Attorneys for Simona Longoria, Thomas Araguz's mother, and Heather Delgado, his ex-wife, did not immediately return phone calls seeking comment. |
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