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Fight over gay marriage moving to federal courts
Headline Legal News |
2014/02/20 15:59
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The overturning of Virginia’s gay marriage ban places the legal fight over same-sex unions increasingly in the hands of federal appeals courts shaped by President Barack Obama’s two election victories.
It’s no accident that Virginia has become a key testing ground for federal judges’ willingness to embrace same-sex marriage after last year’s strongly worded pro-gay rights ruling by the Supreme Court. Judges appointed by Democratic presidents have a 10-5 edge over Republicans on the Richmond-based 4th U.S. Circuit Court of Appeals, formerly among the nation’s most conservative appeals courts.
Nationally, three other federal appeals courts will soon take up the right of same-sex couples to marry, too, in Ohio, Colorado and California. The San Francisco-based 9th circuit is dominated by judges appointed by Democratic presidents. The Denver-based court, home of the 10th circuit, has shifted from a Republican advantage to an even split between the parties, while the 6th circuit, based in Cincinnati, remains relatively unchanged in favor of Republicans during Obama’s tenure.
U.S. District Judge Arenda Wright Allen’s ruling Thursday, that same-sex couples in Virginia have the same constitutional right to marry as heterosexuals, represented the strongest advance in the South for advocates of gay marriage. She put her own ruling on hold while it is being appealed. |
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Nevada Officials Won't Defend Gay Marriage Ban
Headline Legal News |
2014/02/13 16:14
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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Australian court rules ANZ Bank late fees too high
Headline Legal News |
2014/02/06 16:37
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One of Australia's largest banks faces a multimillion dollar payout to thousands of customers after a judge ruled on Wednesday that late payment fees it charged on credit cards were exorbitant.
ANZ Banking Group Ltd. partially lost a class action law suit in the Australian Federal Court brought by more than 43,000 customers who claimed they had been charged excessive fees for years. In some cases the fees were 70 times the cost to the bank of administering late payments.
Justice Michelle Gordon ruled that the bank had been illegally imposing penalties for late payments on credit cards.
She agreed with lead plaintiff Lucio Paciocco's argument that the fees were "extravagant, exorbitant and unconscionable," and represented a breach of contract.
But she also ruled in ANZ's favor by dismissing claims that other types of bank fees were illegal penalties.
It was not clear how much the bank would have to pay back customers who had been charged too much over six years. Lawyers for the bank and customers have until next week to agree on a proposal for repaying customers that the court can rule on. |
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Lawmakers push back against Washington high court
Headline Legal News |
2014/01/27 14:37
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Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.
Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.
Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.
Those specific demands have irked budget writers in the Legislature.
"They are way out of their lane," said Republican Sen. Michael Baumgartner.
Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward. |
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Minn. Supreme Court dismisses Vikings stadium suit
Headline Legal News |
2014/01/24 14:29
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Minnesota's Supreme Court on Tuesday dismissed a lawsuit challenging the funding plan for a new Vikings football stadium, eliminating a legal obstacle that threatened a last-minute derailment of the project.
Minnesota finance officials postponed a $468 million bond sale while the case was pending. After the ruling, the chairwoman of the government authority managing the construction said she believed the project could be kept on schedule, despite earlier worries about possible delays and cost overruns.
"We are confident that we will be able to move forward very quickly, to get the financing in place for the bond sale and to keep things on track," said Michele Kelm-Helgen, board chairwoman for the Minnesota Sports Facilities Authority.
The nearly $1 billion stadium, on the Metrodome site in downtown Minneapolis, has a planned opening of July 2016.
Doug Mann, an activist and former Minneapolis mayoral candidate, filed the Supreme Court lawsuit on Jan. 10, arguing the stadium funding plan was unconstitutional. But the state's highest court disagreed.
State law "does not confer original jurisdiction on the court to resolve all challenges to legislation authorizing the use of appropriation bonds," the court's five-page ruling read. It was unsigned and issued "per curiam," meaning on behalf of the entire court. Justice Alan Page, a former Minnesota Vikings player, did not participate. |
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