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October 2013

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31 October 2013

Coast Guard enacts pro-gay non-discrimination policy

UNITED STATES, Washington DC: On 29 October 2013, the US Coast Guard issued guidance as to changes the Anti-Discrimination/Anti-Harassment policy statement to include sexual orientation (gender identity is not referred to) and genetic information as additional bases for prohibited discrimination.
• Guidance: Equal Opportunity (EO) and Anti-Discrimination/Anti-Harassment Policy Statements 471-13, 29 OCT 13

Parents Can Pick Babies' Gender on Birth Certificates

GERMANY: On 31 October 2013, it was reported that legislation allowing parents the right to choose their baby's gender on the newborn's birth certificate will go into effect on 01 November, creating legal recognition for people who identify as intersex, and for children who are born without a clearly determinable anatomical gender.

30 October 2013

Hawaii Senate OK's Marriage Equality; On to House

UNITED STATES, Hawaii: On 29 October 2013, the Senate passed the marriage equality bill 20-4. The bill must now pass the House Judiciary and Finance committees before the House votes on it. If amended the bill will return to the Senate for another vote.

Lawyer seeks to have government compelled to register lobby to champion gay rights

KENYA: On 30 October 2013, in a case lodged by lawyer Eric Gitari seeking an order declaring that the Non-Governmental Organisations Coordination Board and the Attorney General have contravened the Constitution in failing to accord just and fair treatment to gay and lesbian people in Kenya, High Court Judge Isaac Lenaola directed the NGO Board and the AG to file their responses within 21 days. The court will give directions on the hearing on December 2.

29 October 2013

Missouri Supreme Court rules against survivors benefits for same-sex couples

UNITED STATES, Missouri: On 29 October 2013, the Missouri Supreme Court ruled 5-2 against Kelly Glossip - the same-sex partner of a deceased highway patrolman Dennis Englehard - who has been trying for almost four years to obtain survivor's benefits, because he wasnít married, “not because of his sexual orientation”.
• Opinion: Glossip v. Missouri Department of Transport and Highway Patrols Employees' Retirement Fund No. SC92583 PDF 104.83kb, 29 OCT 13

Tasmania Upper House rejects motion to revisit Same-Sex Marriage

AUSTRALIA, Tasmania: On 29 October 2013, the Tasmanian upper house Legislative Council was reported to have defeated eight votes to six a motion to revisit the Same-Sex Marriage Bill 2012.

Two Virginia cities OK same-sex benefit ordinance, move symbolic due to state marriage ban

UNITED STATES, Virginia: On 28 October 2013, Richmond City Council approved 5-3 an ordinance extending benefits to the spouses of employees in same-sex relationships. Charlottesville City Council approved a similar ordinance on 07 October.

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28 October 2013

Two couples in Texas sue to lift ban on gay marriage

UNITED STATES, Texas:On 28 October 2013, Mark Pharris and Vic Holmes and Cleopatra De Leon and Nicole Dimetman filed an equal protection suit challenging the state's ban on same-sex marriage, and seeking a court order barring Texas officials from enforcing it.
• Complaint: Cleopatra de Leon et. al. v. Rick Perry, et. al. No. 5:13-cv-982-OLG PDF 700.78kb, 28 OCT 13

25 October 2013

Lawsuit seeks equal treatment under Pennsylvania's inheritance tax law

UNITED STATES, Pennsylvania: On 25 October 2013, Barbara Baus filed suit seeking equal treatment under Pennsylvania's inheritance tax law following the death of Catherine (“Cathy”) Burgi-Rios whom she married in Connecticut on 29 April 2011. The Pennsylvania Department of Revenue stated her marriage is “not valid in Pennsylvania” and assessed taxes due under the rate that applies to legal strangers, which is 15%.
• Petition: In Re: Estate of Burgi-Rios No. 1310 of 2012 PDF 1008.58kb, 28 OCT 13

Governor Tweaks Religious Exemptions in Gay Marriage Bill

UNITED STATES, Hawaii: On 22 October 2013, Governor Neil Abercrombie submitted a proposed draft of the marriage equity bill (SB1) for consideration by the legislature. The primary proposed amendments are to §572-F and concern religious exemptions.
Governor's amended bill: Hawaii Marriage Equality Act PDF 211.05kb, 24 OCT 13

Croatia Allows Public to Vote on Gay Marriage Ban

CROATIA: On 23 October 2013, a parliamentary commission voted 10-3 to hold a referendum on 01 December to consider changes to the country's constitution that would ban same-sex marriage. Interestingly, if the initiative to ban same-sex marriage passes, the constitution will not be immediately amended to define marriage as a union between a man and a woman. Instead, parliament will hold its own vote on whether or not to adopt the marriage amendment.

Gay marriage hearing likely in December

AUSTRALIA, Australian Capital Territory: On 25 October 2013, High Court Chief Justice Robert French indicated that the challenge to the ACT's same-sex marriage law could be heard when the full court sits from 03 to 06 December. The ACT has until 01 November to file its defence and a court date will most likely be set at the next directions hearing on 04 November.

24 October 2013

High Court of Australia to test first same-sex marriage law tomorrow

AUSTRALIA, Australian Capital Territory: On 25 October 2013, the High Court of Australia having agreed to expedite hearing the challenge to the Australian Capital Territory's “Marriage Equality Act 2013”, will hold a first directions hearing at 2:15 p.m.

23 October 2013

Same-sex couples entitled to same child benefits

GERMANY, Munich: On 23 October 2013, the Federal Fiscal Court (Bundesfinanzhof: BFH) in the southern city of Munich was reported to have ruled that same-sex couples in civil unions are entitled to the same state child benefits as married spouses.

Federal government lodges High Court challenge to ACT same-sex marriage laws

AUSTRALIA, Australian Capital Territory: On 23 October 2013, the Australian Federal Government lodged a writ of summons in the High Court challenging the validity of the ACT's same sex marriage laws.
Document available Writ of Summons: Commonwealth of Australia v. The Australian Capital Territory No. C13 of 2013 PDF 1.93MB, 23 OCT 13

22 October 2013

UK Supreme Court rejects Northern Ireland Health Ministerís appeal against gay adoption

UNITED KINGDOM, Northern Ireland: On 22 October 2013, the UK Supreme Court refused permission to appeal brought by Northern Ireland Health Minister Edwin Poots against the Court of Appeals ruling that a ban on unmarried couples, irrespective of sexual orientation, and those in a civil partnership from being considered as potential adopters was discriminatory.

StarGay Couple Married In Oklahoma: Jason Pickel, Darren Black Bear Tie The Knot Despite State Ban

UNITED STATES, Oklahoma: On 10 October 2013, despite same-sex marriage being unlawful in Oklahoma, Jason Pickel and Darren Black Bear received an official marriage license from the autonomous Native American Cheyenne and Arapahoe Tribal Court in Concho, as they both have Native American heritage and live within the tribe's jurisdiction. They will now be able to receive federal tax benefits like any other married couple.

French court allows Franco-Moroccan gay couple to marry

FRANCE, Chambéry: On 22 October 2013, it was reported that the Court of Appeal in Chambéry rejected an appeal lodged by prosecutors against the 11 October decision of the lower court allowing Franco-Morrocan couple Dominique and Mohammed to marry and ruling the Franco-Moroccan agreement of 10 August 1981, which prohibits the marriage of a Moroccan with a person of the same sex, should not take precedence over the law on marriage signed by President Francois Hollande 18 May.

Woman Denied Rights in Same-Sex Custody Dispute

UNITED STATES, Michigan: On 17 October 2013, the Michigan Court of Appeals upheld the Dickinson Circuit Court judgment that dismissed the lawsuit of Jennifer Stankevich, seeking child custody and other rights relating to the biological child of her ex-partner Leanne Milliron, on the ground that she had no standing to bring the action.
• Opinion: Jennifer Stankevich aka Jennifer Milliron v. Leanne Milliron No. 310710 PDF 20.81kb, 17 OCT 13

Same-Sex Marriage in the ACT

AUSTRALIA, Australian Capital Territory: On 22 October 2013, the Assembly voted 8-7 to pass the Marriage Equality Bill 2013.

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21 October 2013

Same-Sex Couples File Marriage Recognition Lawsuit in Tennessee

UNITED STATES, Tennessee: On 21 October 2013, four legally married same-sex couples who live in Tennessee filed a lawsuit in federal district court in Nashville, challenging Tennessee laws that prevent the state from recognizing their marriages and treating them the same as all other legally married couples in Tennessee.
Complaint: Valeria Tanco & Sophy Jesty et al v. William Edward "Bill" Haslam et al PDF 3.58MB, 21 OCT 13

New Jersey governor pulls block on gay marriage

UNITED STATES, New Jersey: On 21 October 2013, Governor Chris Christie withdrew his New Jersey Supreme Court challenge to same-sex marriage in New Jersey. New Jersey is the 14th US state to legalize same-sex marriage.
New Jersey Supreme Court: Dismissal of Appeal A-0521-13 PDF 221.76kb, 21 OCT 13

18 October 2013

Disgraced political candidate ordered to apologise for 'vilifying' homosexuals

AUSTRALIA, New South Wales: On 15 October 2013, the New South Wales Administrative Decisions Tribunal found former Katter's Australian Party candidate Tess Corbett's remarks equating homosexuality with paedophiles demonstrated intolerance of homosexuals and “incited hatred” towards the gay community, ordering her to make a public apology.
Reasons for Decision: Burns v Corbett [2013] NSWADT 227, 15 OCT 13

French court rules mayors cannot block same-sex marriage

FRANCE: On 18 October 2013, the Constitutional Council ruled that the same-sex marriage law does not infringe on the mayors' “freedom of conscience” and therefore should be applied. Mayors cannot refuse to officiate same-sex marriages based on their personal, moral or religious beliefs.
• Decision: Mr Frank M et al No 2013-353 QPC PDF 33.22kb, 18 OCT 13 (Google translation)

Lambda Legal appeals Nevada marriage lawsuit to Ninth Circuit Court of Appeals

UNITED STATES, Nevada: On 18 October 2013, Lambda Legal filed its opening brief with the Ninth Circuit Court of Appeals in a case on behalf of eight same-gender couples challenging the amendment to Nevada's constitution and other state laws banning marriage for gay and lesbian couples.

New Jersey high court says gay marriages can begin on Monday

UNITED STATES, New Jersey: On 18 October 2013, the Supreme Court of New Jersey unanimously held that gay marriages can go forward starting on Monday, denying the state's request to put them on hold while its appeal is considered.
• Opinion Garden State Equality et al v. Paula Dow et al No. 073328 PDF 1000.63kb, 18 OCT 13

17 October 2013

Oregon To Recognize Marriages Of Same-Sex Couples Wed In Other States

UNITED STATES, Oregon: On 16 October 2013, based on the opinion of Deputy Attorney-General Mary H Williams, Chief Operating Officer and Director of Administrative Services Michael Jordan issued a memo to state agencies ordering the recognition of all legal marriages performed outside of the state ≠ including the marriages of same-sex couples.
Deputy Attorney-General's Opinion PDF 480.14kb, 16 OCT 13

16 October 2013

France: first gay French-Moroccan marriage blocked

FRANCE: On 16 October 2013, the Chambery town prosecutor reportedly blocked the first gay French-Moroccan marriage between 55-year-old mechanic Dominique and Mohammed, despite the local court having ruled 11 October they could go ahead and get married.

Mecklenburg commissioners vote to add transgender protections

UNITED STATES, North Carolina: On 16 October 2013, the Mecklenburg County commissioners voted 6-3 to add the phrase “actual or perceived gender as expressed through dress, appearance, or behavior” to the equal employment and non-discrimination policy for county workers.

15 October 2013

Nevada Supreme Court Gallops Ahead of New York on Co-Parenting

UNITED STATES, Nevada: On 03 October 2013, in a unanimous decision, the Nevada Supreme Court ruled that a child can have two mothers and that a co-parenting agreement made by two women before the birth of their child conceived through anonymous donor insemination, with one woman providing the egg and the other being the gestational mother, can be enforceable.
• Opinion: Sha'kayla St. Mary v. Veronica Lynn Damon No 58315 PDF 208.94kb, 03 OCT 13

StarLesbian Co-Parent Claim Precluded By 22-Year-Old Case

UNITED STATES, New York: On 04 October 2013, the Rockland County Family Court was reported to have rejected all attempts by a lesbian co-parent A.F. to challenge her former registered domestic partner K.H's refusal to allow her any contact with the children they had been raising together, citing Alison D. v. Virginia M., 77 N.Y.2d 651 (1991). KH conceived the children following using anonymous donor insemination.

Two Portland couples file lawsuit to overturn Oregon ban on same-sex marriage

UNITED STATES, Oregon: On 15 October 2013, a complaint was filed in the US District Court, District of Oregon, on behalf of Deanna Geiger and Janine Nelson, and Robert Duehmig and William Griesar (who were married in Vancouver 2003) seeking to overturn Oregon's ban on same-sex marriage in that it violates their rights to due process and equal protection.
• Complaint: Deanna Geiger and Janine Nelson and Robert Deuhmig and William Griesar v. John Kitzhaber and Ellen Rosenblum Case 6:13-cv-08134-MC PDF 53.32kb, 15 OCT 13

For same-sex couples, a new tax form

UNITED STATES, North Dakota: On 09 October 2013, though the State doesn't recognise same-sex marriages, the North Dakota Office of State Tax Commissioner released a tax form for married same-sex couples, splitting up a couple's federal tax filing so they can file as individuals in North Dakota.
• ND-1S: Allocation of Income by Same-Sex Individuals Filing A Joint Federal Return PDF 166.22kb, 09 OCT 13

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14 October 2013

Lambda Legal Urges Alaska Supreme Court to Allow Same-Sex Couples Access to Survivor Benefits

UNITED STATES, Alaska: On 14 October 2013, Lambda Legal filed a brief appealing a decision of The Alaska Workers' Compensation Appeals Commission denying survivor benefits to Deborah Harris, partner of the deceased, Kerry Fadely, who was shot and killed in 2011 by a disgruntled former employee.
• Opening Brief: Deborah Harris v. Millenium Hotel, New Hampshire Insurance Co No. S15230, 14 OCT 13

12 October 2013

Judge rules Edwin Poots' ban on gay blood donors is irrational and he breached ministerial code over issue

UNITED KINGDOM, Northern Ireland: On 11 October 2013, Mr Justice Treacy ruled that the ban on gay men giving blood in Northern Ireland is irrational and Health Minister Edwin Poots breached the ministerial code by failing to take the issue before the Stormont Executive.
Judgment: JR65's Application 2013 NIQB 101, 11 OCT 13

New Jersey Supreme Court to Hear Marriage Equality Case

UNITED STATES, New Jersey: On 11 October 2013, the State Supreme Court announced it would hear Gov. Chris Christie's 'emergency appeal' of a ruling - that same-sex marriages should begin October 21 - in January and may stay the lower Court's ruling before then.
• Order: Garden State Equality et al v. Paula Dow et al PDF 80.01kb, 11 OCT 13

11 October 2013

Moldova cancels 'gay propaganda' ban, eyeing EU entry

MOLDOVA: On 11 October 2013, lawmakers voted to abandon divisive plans to ban the promotion of “relationships than those linked to marriage and the family”, as it tries to secure entry into the European Union.

Gay couples in California to receive same access to insurance for fertility treatments as straights

UNITED STATES, California: On 08 October 2013, Governor Jerry Brown signed AB460 into law commencing January, amending the Insurance Code to prohibit insurers from withholding coverage for most fertility treatments based on “age, ancestry, color, disability, domestic partner status, gender, gender expression, gender identity, genetic information, marital status, national origin, sex or sexual orientation”.

Court of Appeal allows anti-gay law challenges to be heard

SINGAPORE: On 10 October 2013, the Court of Appeal agreed to hear appeals in the cases of “Tan Eng Hong v. Attorney General” and “Gary Lim and Kenneth Chee v. The Attorney General”, challenging the constitutionality of the controversial Section 377A anti-gay law.

Court overrules Moroccan exception to French gay marriage law

FRANCE, Savoie: On 11 October 2013, a court in Chambéry ruled that a 1981 agreement with Morocco stipulating that conditions for a marriage are controlled by “the law of the country of which [each partner] has citizenship” does not prevent a gay Moroccan man from marrying his French partner.

10 October 2013

Anti-bullying bill becomes law

CANADA, Manitoba: On 10 October 2013, Bill 18, “The Public Schools Amendment Act (Safe and Inclusive Schools)” legislation making bullying unlawful and requiring schools to accommodate gay-straight alliances, came into effect.

New Jersey Judge Won't Delay Gay Marriage; State Appealing

UNITED STATES, New Jersey: On 10 October 2013, Judge Mary Jacobson refused to stay her 27 September order that that the state must allow gay marriages, ruling that “Granting a stay would simply allow the state to continue to violate the equal protection rights of New Jersey same-sex couples, which can hardly be considered a public interest”.

Australian state law reform institute says states can marry same-sex couples

AUSTRALIA, Tasmania: On 10 October 2013, the Tasmanian Law Reform Institute released a report canvassing the legal issues around allowing same-sex couples to marry in the state of Tasmania, suggesting the State has the power to make its own marriage laws and that there is no certainty a challenge to such a law by the Australian Government would be successful in the High Court.
• Tasmania Law Reform Institute: The Legal Issues Relating to Same-Sex Marriage PDF 871.58kb, 10 OCT

08 October 2013

Cyprus adds sexual orientation and gender identity to anti vilification code

REPUBLIC OF CYPRUS: On 07 October 2013, the Republic of Cyprus was reported to have amended the Criminal Code making the vilification of people based on their sexual orientation or gender identity unlawful.

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07 October 2013

Court won't hear Virginia appeal over sodomy law

UNITED STATES, Virginia: On 07 October 2013, the US Supreme Court denied a petition for a writ of certorari against the 4th U.S. Circuit Court of Appeals in MacDonald v. Tim Moose and Keith Holder holding that Virginia's sodomy law was unconstitutional.
Tim Moose v. William Scott MacDonald No 12-1490 07 OCT 13

Northern Ireland minister in last-ditch attempt to stop gay couples adopting

UNITED KINGDOM, Northern Ireland: On 07 October 2013, Health Minister Edwin Poots was reported to have lodged an application in the Supreme Court for permission to appeal against the ruling of the Court of Appeal that the ban preventing gay, lesbian and unmarried couples from adopting children was unlawful.

New California Law Will Allow Children More Than Two Legal Parents

UNITED STATES, California: On 04 October 2013, Governor Jerry Brown signed SB 274 into law allowing the state to recognize more than two legal parents for children and enabling same-sex couples (who will have primary guardianship) to choose to keep a third opposite-sex biological parent in their child's life.

05 October 2013

Pentagon: Ethics rules now apply to married gays

UNITED STATES, Virginia: On 05 October 2013, the office of the General Counsel of the Department of Defense was reported to circulated a memo mid-September alerting same-sex married couples they are now under the same federal ethics rules as heterosexual marriage couples and must avoid criminal conflicts of interest and also must include their spouse's incomes and investments if they are required to file a financial disclosure form.

04 October 2013

Washington judge admonished over gay-wedding comment

UNITED STATES, Washington: On 04 October 2013, the Commission of Judicial Conduct found that Thurston County Superior Court Judge Gary Tabor violated the Rules in stating he would not perform same-sex marriages in his judicial capacity while continuing to perform opposite-sex marriages.
• Stipulation, Agreement and Order of Admonishment: The Honorable Gary Tabor CJC No. 7251-F-158 PDF 411.02kb, 04 OCT

Info for same-sex marriage filers

UNITED STATES, Idaho: On 04 October 2013, Idaho State Tax Commission instructed that as Idaho law doesn't recognize same-sex marriage, those in a same-sex marriage recognized in a different jurisdiction must file separate state income tax returns.

State Issues Tax Guidance for Same-Sex Couples

UNITED STATES, Kansas: On 04 October 2013, the Kansas Department of Revenue issued guidance, Notice13-18, instructing same-sex couples to continue filing state income tax returns next year as they always have in the state, using the single filing status.
• Department of Revenue: Notice 13-18 Guidance for Same-Sex Couples PDF 41.14kb, 04 OCT 13

03 October 2013

Belize prepares for gay sex law to be axed

BELIZE: On 03 October 2013, with a decision pending in the case against the Unnatural Crime Section 53 of Belize's criminal code being brought by Caleb Orozco, the government is reportedly preparing to amend the law putting male anal or oral rape on a par with female rape if the gay part of the penal code is axed.

Gay Activist Wins Court Appeal, Dealing 'Severe Blow' to Anti-Gay Law

RUSSIA, Ryazan: On 26 September 2013, the Ryazan Regional Court overturned an administrative charge against Irina Fedotova who had been fined 1500 rubles under a regional statute banning gay propaganda among minors.

02 October 2013

21 LGBT people died in 2012 domestic violence

UNITED STATES: On 01 October 2013, the National Coalition of Anti-Violence Programs released a report that indicates nearly two dozen LGBT people and those with HIV/AIDS lost their lives to domestic violence last year.
Report: Lesbian, Gay, Bisexual, Transgender, Queer, and HIV-Affected Intimate Partner Violence in 2012 PDF 3.75MB, 27 SEP 13

Rhoades' conviction under HIV transmission law will stand, Iowa Court of Appeals rules

UNITED STATES, Iowa: On 02 October 2013, the Court of Appeals of Iowa ruled Nick Rhoades' conviction for criminal transmission of HIV will stand, as his acts met the requirements for the crime. The Court cited a 2001 Iowa Supreme Court case, State v. Keene.
• Opinion: Nick Rhoades v. State of Iowa No. 3-572/12-0180 PDF 146.05kb, 02 OCT 13

Same-sex couples who marry outside Montana can't file state taxes jointly

UNITED STATES, Montana: On 01 October 2013, state Revenue Director Mike Kadas told the Legislatureís Revenue and Transportation Interim Committee that the Montana Revenue Department cannot follow the federal Internal Revenue Service guidance issued recently that recognized married same-sex couples for federal tax purposes, because of the state constitutional provision that defines marriage as between a man and a woman.

Judgment Entered in McLaughlin v. Hagel

UNITED STATES, Federal: On 02 October 2013, Judge Richard Stearns of the U.S. District Court for Massachusetts entered judgment in favor of the same-gender married couples who challenged the laws that discriminated against them in the military, allowing them to seek DoD and DVA benefits as of the date they sought to register the spouses with DoD in late 2011.

City of Missoula domestic partnership registry opens

UNITED STATES, Montana: On 01 October 2013, the City of Missoula announced the Domestic Partner Registry was open and accepting applications from same-sex and opposite-sex domestic partners in Montana.
• City of Missoula: Domestic Partners Registry (Accessed 03 OCT 13)

Singapore High Court upholds anti-gay law in Tan Eng Hong's case

SINGAPORE: On 02 October 2013, High Court Justice Quentin Loh released a judgment in the Constitutional challenge of statute 377A of the Singapore Penal Code in “Tan Eng Hong v. Attorney General”, upholding the law which criminalises sex between men and provides a jail term of up to two years.
• Judgment: Tan Eng Hong v. Attorney-General [2013] SGHC 199 PDF 303.70kb, 02 OCT 13

01 October 2013

Bangladesh jails 'married' lesbian couple

BANGLADESH: 01 October 2013, a lesbian couple from the Jhalakati District of Bangladesh were reported to be in jail because of their relationship - apparently charged under Section 290 of the Bangladesh Penal Code: “Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred taka”.

Appeal filed to try and halt gay marriages in New Jersey before they begin

UNITED STATES, New Jersey: On 30 September 2013, New Jersey Governor Chris Christie's administration filed an appeal to overturn a judge's ruling that the state must allow gay marriages to proceed.
• Notice of Motion to Stay Order Pending Appeal: Garden State Equality, et. al. v. Paula Dow et. al. MER-L-1729-11 PDF 763.54kb, 01 OCT

Lambda Legal Files Lawsuit Seeking Freedom to Marry for West Virginia Same-Sex Couples

UNITED STATES, West Virginia: On 01 October 2013, Lambda Legal filed a federal lawsuit in the US District Court for the Southern District of West Virginia on behalf of three same-sex couples who are seeking the right to marry in the state.
• Complaint for Injunctive and Declaratory Relief: Casie Jo McGee et. al. v. Karen S Cole et. al. 1.31MB, 30 SEP 13

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