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Supreme Court upholds cross on public land in Maryland
Court Watch | 2019/06/18 10:41
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.

The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.

The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.


"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.

"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.


Brazil's supreme court votes to make homophobia a crime
Headline Legal News | 2019/06/14 09:38
Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.

"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.

Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.


Kansas court OKs school funding law but keeps lawsuit open
Court Watch | 2019/06/13 09:38
The Kansas Supreme Court signed off Friday on an increase in spending on public schools that the Democratic governor pushed through the Republican-controlled Legislature, but the justices refused to close the protracted education funding lawsuit that prompted their decision.

The new school finance law boosted funding roughly $90 million a year and was enacted in April with bipartisan support. The court ruled that the new money was enough to satisfy the Kansas Constitution but also said it was keeping the underlying lawsuit open to ensure that the state keeps its funding promises.

"The State has substantially complied with our mandate," the court said in its unsigned opinion, referencing a decision last year that the state wasn't spending enough.

Gov. Laura Kelly had hoped the Supreme Court would end the lawsuit, which was filed by four local school districts in 2010. The districts' attorneys argued the new law would not provide enough new money after the 2019-20 school year and wanted the court to order additional increases.

Kansas spends more than $4 billion a year on its public schools — about $1 billion more than it did during the 2013-14 school year — because of the court's decisions. Some Republican lawmakers, particularly conservatives, have complained that the court has infringed on lawmakers' power under the state constitution to make spending decisions.


Former FIFA official to challenge life ban at sports court
Court Watch | 2019/06/11 14:09
Former FIFA Council member Kwesi Nyantakyi will challenge his life ban from soccer for financial corruption at the Court of Arbitration for Sport next month.

The court says the hearing is on July 4. Verdicts typically follow within a few months.

Nyantakyi was filmed by a Ghanaian television program accepting $65,000 in cash from undercover reporters posing as businessmen seeking favors.

He resigned days before the 2018 World Cup as the senior vice president of African soccer's governing body and president of Ghana's soccer federation.

Nyantakyi also left FIFA's ruling committee, which paid an annual $250,000 stipend. He was one of Africa's elected delegates since 2016.



Supreme Court Rejects Challenge To Regulation Of Gun Silencers
Court News | 2019/06/11 14:09
The Supreme Court is rejecting a challenge to federal regulation of gun silencers, just days after a gunman used one in a shooting rampage that killed 12 people in Virginia.

The justices did not comment Monday in turning away appeals from two Kansas men who were convicted of violating federal law regulating silencers. The men argued that the constitutional right “to keep and bear arms” includes silencers.

Kansas and seven other states joined in a court filing urging the justices to hear the appeal. The states said the court should affirm that the Second Amendment protects “silencers and other firearms accessories.”

President Donald Trump’s administration asked the court to stay out of the case and leave the convictions in place.

Shane Cox, owner of a military surplus store, was convicted of making and transferring an unregistered silencer, and customer Jeremy Kettler was convicted of possessing one, all in violation of the 85-year-old National Firearms Act. Both men were sentenced to probation.




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