GayLawNews™

September 2015

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30 September 2015

Judge grants divorce in same-sex marriage

UNITED STATES, Ohio: On 30 September 2015, it was reported that Judge George McCarthy in Athens County Common Pleas Court had now granted Brenda Mohney and Erin O'Leary a divorce. On 18 December, the Judge vacated his 25 November decision granting a divorce decree, not realising they were a same-sex couple. Brenda Mohney refiled after the US Supreme Court ruling in Obergefell v. Hodges.

Same Sex Weddings Are Another Step Closer After Today

REPUBLIC OF IRELAND: On 30 September 2015, the Oireachtas Justice Committee passed the Marriage Bill without amendment. The Bill now goes back to the Dáil (lower house) for its final approval and then on to the Seanad (upper house) for its final consideration.

29 September 2015

Anchorage Assembly passes LGBT rights law

UNITED STATES, Alaska: On 29 September 2015, the Anchorage Assembly passed 9-2 the new civil rights ordinance AO 2015-96(S-1) making it unlawful in the city to discriminate on the grounds of sexual orientation or gender identity in housing, employment and public accommodations and includes exemptions for religious groups and those with ministerial duties. Assembly Chair Dick Traini expects to sign the measure into law 02 October, effective immediately,
Ordinance: AO amending Title 5 of Anchorage Municipal Code Regarding Equal Rights No. AO 2015-96(S1) PDF 88.35kb 11 SEP 15

27 September 2015

Hook-up page Squirt’s ads pulled from Toronto Transit 'because public sex is against the law'

CANADA, Ontario: On 27 September 2015, it was reported that the Toronto Transit Commission had removed all adverts for the cruising website Squirt 'as it promoted sex in public places, which is against the law'. The ads showed three shirtless men embracing.

Elder Law Guys: New estate planning issues emerging since the arrival of same-sex marriage in Pennsylvania

UNITED STATES, Pennsylvania: On 27 September 2015, Pittsburg Post-Gazette writers Julian Gray and Frank Petrich highlighted issues concerning parenting, determining the length of a marriage following long-term committment, the manner of holding real estate and pre and post marrital agreements following the change to Federal and State same-sex marriage laws.

26 September 2015

German council approves same-sex marriage bill

GERMANY: On 25 September 2015, the Federal Council (Bundesrat) approved by a majority of votes from representatives of the country's major political parties a bill to reform civil law recognising same-sex marriage. The bill must now be discussed at the Bundestag (National Parliament).

25 September 2015

Tarrant County Clerk says her office will accept common-law marriage affidavit

UNITED STATES, Texas: On 25 September 2015, Tarrant County Clerk Mary Louise Garcia released a statement saying that her office will accept common-law marriage affidavits from same-sex couples seeking to file such affidavits dated prior to the June 26, 2015 U.S. Supreme Court ruling affirming marriage equality. This clarification should apply throughout Texas.

Acquittal, but bad news, in Uganda consensual sex case

UGANDA: On 24 September 2015, a Human Rights Awareness and Promotion Forum (HRAPF) legal analysis reportedly found that sports celebrity Chris Mubiru was not acquitted of 'unnatural offences' because he engaged in 'consensual' same-sex sex with George Oundo but because Buganda Road Chief Magistrate Flavia Nabakooza concluded that evidence from his consensual sex partner could not be trusted. On 08 September Mubiru was convicted on another count for forced sodomy with Emmanuel Nyanzi, 18, who he alledgedly drugged.

24 September 2015

Banned Transgender Customers to Get $400K From Portland Bar

UNITED STATES, Oregon: On 23 September 2015, the Court of Appeals affirmed the 2013 order of the Bureau of Labor and Industries that The P-Club pay damages of $400,000 to the 11 aggrieved persons and imposed $5,000 in civil penalties on the bar owner for leaving two voice messages for a member of the Rose City T-Girls, an informal group of transgender customers that frequented the bar every Friday night, telling them to stop visiting the bar.
Opinion: Blachana, LLC v. Oregon Bureau of Labour and Industires 273 Or App 806 (2015) PDF 88.06kb, 23 SEP 15

Funeral home not entitled to records of fired transgender worker

UNITED STATES, Michigan: On 24 September 2015, US Magistrate Judge David R Grand in the Eastern District of Michigan ruled that RG & GR Harris Funeral Homes Inc., was not entitled to the trove of personal and medical information of former funeral director Aimee Stephens it requested about her sexual history and the status of her transition in a dispute over her employment termination.
Order: EEOC v. R.G. & G.R. Harris Funeral Homes Inc. No. 2:14-cv-13710 PDF 131.92kb, 24 SEP 14

Groundbreaking Victory on Protections for Transgender People in Prison

UNITED STATES, Maryland: On 01 April 2015, Adminstrative Law Judge Denise Oakes Shaffer issued a proposed order that the Secretary of the Department of Public Safety and Correctional Services adopted and ordered on 17 August 2015, finding that corrections officers violated national standards for the protection of transgender inmates, and that m2f transgender Neon “Sandy” Brown should receive $5000 compensation for being denied recreation privileges, being victimized and humiliated by Patuxent's employees, and “for being inappropriately watched in the shower facilities by correctional officers, constituting sexual abuse through voyeurism”.
• Proposed Decision: Neon Brown v. Patuxent Institution No: DPSC-IGO-002V-14-33232 PDF 8.48MB 01 APR 15

Tunisian student gets year in jail for 'homosexuality'

TUNISIA: On 24 September 2015, it was reported that a court had sentenced a student to a year behind bars on charges of homosexuality after his having admitted to having had sexual relations with the victim of a murder. The student's telephone number was found on the murder victim.

Same-sex civil partners to skip notification period

REPUBLIC OF IRELAND: On 24 September 2015, it was reported that Minister for Social Protection Joan Burton and Minister for Justice Frances Fitzgerald had agreed a new amendment to the Marriage Bill 2015 making its way through the Oireachtas, that will enable couples already in civil partnerships to marry without having to give a three-month notification.

23 September 2015

Gay man kicked out of Cyprus hotel for being HIV positive

CYPRUS: On 23 September 2015, a holiday goer injured in Paphos told medical staff at a private clinic that he was HIV positive and a doctor, in breach of medical confidentiality, alledgedly then called the hotel where the injured man was staying, informed them of his condition and advising the hotel to burn the sheets and the bedspread and to disinfect the man's room. The hotel informed other hotels and the man was persistently refused accommodation and even denied treatment at other private clinics.

Judge denies request from Kim Davis to limit order against her

UNITED STATES, Kentucky: On 23 September 2015, Judge David L Bunning in the US District Court in the April Miller, et al. v. Kim Davis same-sex marriage case denied the Emergency Motion to Stay the Court's Injunction Order of 03 September 2015 Pending Appeal filed by Kim Davis.
• Memorandum Order: April Miller, et al. v. Kim Davis No. 15-44-DLB PDF 61.49kb, 23 SEP 15

Gay marriage law will be coming to the Jersey states

JERSEY: On 23 September 2015, it was reported that a vote on draft same-sex marriage legislation approved by the Government was expected by January 2017.

How local LGBT anti-discrimination laws vary in Indiana

UNITED STATES, Indiana: On 23 September 2015, IndyStar writer Stephanie Wang examines variances in local anti-discrimination ordinances protecting sexual orientation and gender identity across Indiana (article includes a map).

Delhi High Court steps in to protect 19-year-old transgender from California

INDIA, Delhi: On 22 September 2015, Justice Siddharth Mridul on the Delhi High Court ordered that 19-year-old f2m transgender NRI (non-resident Indian), brought to India from California and forcibly enrolled at the Dayalbagh Educational Institute in Agra (which she has now left) so she could be “reformed”, be given police protection to prevent her parents from trying to apprehend her or coerce her into getting married to a man of their choice. She also sought release of her travel documents and “safe passage” to the US.

22 September 2015

Palm Beach County Expands Civil Rights Protections

UNITED STATES, Florida: On 22 September 2015, Palm Beach County Board of Commissioners voted 6-0 to expand the the definition of public accommodation in the County Ordinance for Equal Opportunity to Housing and Places of Public Accommodation to include retail stores, schools, daycare and senior centers, medical offices, funeral homes, bakeries, laundromats, and virtually all other places of business throughout the county. The ordinance protects against discrimination on the grounds of sexual orientation and gender identity. Violations carry a fine of up to $50,000.

21 September 2015

Wake County extends protections to LGBT workers

UNITED STATES, North Carolina: On 21 September 2015, Wake County Board of Commissioners voted unanimously to add sexual orientation, gender identity and gender expression to its anti-discrimination policy protecting LGBT workers and job applicants.

20 September 2015

Judge: Transgender Woman Can Sue for Sex Discrimination

UNITED STATES, Arkansas: On 15 September 2015, US District Judge Susan Webber Wright denied a motion for summary judgment filed by H&H Electric Inc., enabling the wrongful termination lawsuit filed by transgender Patricia Y Dawson to proceed. The suit alleges her dismissal was because of her sex contrary to Title VII of the Civil Rights Act of 1964.
• Opinion and Order: Patricia Y Dawson v. H&H Electric, Inc No. 4-14CV00583 SWW PDF 39.22kb, 15 SEP 15

Judge who cited gay marriage ruling grants Signal couple a divorce after all

UNITED STATES, Tennessee: On 18 September 2015, Hamilton County Chancellor Jeffrey Atherton granted opposite-sex couple Pamela and Thomas Bumgardner a divorce on the grounds of irreconcilable differences, after the couple presented an agreement eliminating their contested status. In a handwritten edit on the order, Atherton reportedly vacated his 31 August ruling - that Tennessee courts could not hear contested divorces because the US Supreme Court ruling in Obergefell invalidated their jurisdiction - writing “said holding may be interpreted as intruding upon the exclusive province of the Tennessee legislature” and entered an order setting 28 September to receive argument … concerning whether this Court's Order of August 31st, 2015, should be altered or amended”.
• Order Scheduling T.R.C.P. 59 Hearingr: Pamela E Bumgardner v. Thomas A Bumgardner No. 14-0626 PDF 36.11kb 17 SEP 15

19 September 2015

Argentine province adopts law requiring transgender hires

ARGENTINA, Buenos Aires: On 17 September 2015, in what is believed to be a world first, it was reported that Buenos Airies province passed a law requiring the local government to set aside at least 1% of its jobs for transgender people.

Nepal becomes first Asian country to include non-discriminatory laws for LGBT community

NEPAL: On 16 September 2015, it was reported that Constituent Assembly had approved amendments to the constitution: (1) to enable citizens to choose their preferred gender identity on citizenship documents; (2) making gender and sexual minority discrimination unlawful; and (3) allowing these citizens to participate in state mechanisms and public services to promote inclusion.

18 September 2015

Federal judge issues opinion in Gloucester transgender lawsuit

UNITED STATES, Virginia: On 17 September 2015, the Memorandum Opinion of US District Judge Robert G. Doumar in the Gavin Grimm v. Gloucester County School Board case was released. In dismissing the Title IX discrimination claims in the lawsuit (so preventing 16-year-old f2M transgender student Gavin Grimm from using the boys' restrooms at the start of school on 08 September, the Judge said that federal law allows schools to separate restrooms based on sex and saying “Not only is bodily privacy a constitutional right, the need for privacy is even more pronounced in the state educational system”.
Memorandum Opinion: G.G. v. Gloucester County School Board No. 4:15cv54 PDF 1.44MB 17 SEP 15

Alabama Supreme Court says state doesn't have to recognize lesbian adoption from Georgia

UNITED STATES, Alabama: On 18 September 2015, the Alabama Supreme Court refused to recognize an adoption by V.L. the non-biological lesbian mother of her three children granted by a Georgia court in 2007 and consented to by the birth mother E.L. at the time, finding that the Georgia court didn't properly apply Georgia law, believing it did not allow same-sex parents to adopt.
Opinion: : Ex parte E.L. (In re: E.L. v. V. L.) 1140595 PDF 164.93kb 18 SEP 15

Court says same-sex spouses are equal … but Congress won't

UNITED STATES, Federal: On 17 September 2015, months after the landmark Supreme Court ruling that made same-sex marriage legal across the country, the House Committee on Veterans Affairs voted (13-12) against an amendment (HR 2529: Veteran Spouses Equal Treatment Act) saying explicitly that same-sex spouses of veterans are entitled to the same benefits as straight ones.

17 September 2015

Victory against discrimination

UNITED STATES, Illinois: On 15 September 2015, Administrative Law Judge Michael R Robinson in the Illinois Human Rights Commission determined that Walder Vacuflo, Inc., doing business as Timber Creek Bed and Breakfast, unlawfully discriminated against Todd and Mark Wathen in refusing to host their civil union ceremony on the basis of their sexual orientation.
Recommended Liability Determination: Todd Wathen and Mark Wathen v. Walder Vacuflo, Inc. PDF 1.54MB 15 SEP 15

Same-sex civil partners will pay reduced marriage fee

REPUBLIC OF IRELAND: On 16 September 2015, the Government announced that same-sex couples already in civil partnerships will pay a reduced fee of €50 if they decide to marry. Other couples will pay €200 when they notify a Registrar of their intention to get married. The Marriage Bill will be introduced to the Dáil and the Seanad next week.

Same-sex couples get right to have state-sanctioned ceremonies

AUSTRALIA, Queensland: On 16 September 2015, Attorney-General Yvette D'Ath introduced Relationships (Civil Partnerships) and Other Acts Amendment Bill that will if passed and signed into law, reinstate the right of same-sex couples to publicly declare their relationships with state-sanctioned ceremonies.
• Bill: Relationships (Civil Partnerships) and Other Acts Amendment Bill PDF 399.63kb 16 SEP 15

16 September 2015

Over Ken Paxton's objection, judge OKs gay marriage settlement

UNITED STATES, Texas: On 16 September 2015, Travis County Probate Court Judge Guy Herman approved an out-of-court settlement that recognizes the eight-year relationship between Sonemaly Phrasavath and her deceased partner Stella Powell as a common-law marriage. The agreement divided Powell's estate roughly in half between Phrasavath and members of Powell’s family. It also acknowledged Phrasavath as Powell’s spouse from a common-law or informal marriage.

Health Ministry Removes Ban on Homosexual Blood Donors

ARGENTINA: On 16 September 2015, the Health Ministry announced a resolution that immediately officially abolishes previous restrictions that barred people from donating blood based solely on sexual orientation. Donors will now be assessed based on individual risk rather than being excluded solely because of their sexual orientation.

Alaska says state employees' same-sex partners must marry to keep health care

UNITED STATES, Alaska: On 16 September 2015, the Division of Retirement and Benefits issued for comment a public notice about proposed changes to regulations dealing with the enrollment of same-sex partners for coverage under the State of Alaska Group Health plan for active and retired members that will, if adopted, require couples to become married no later than 31 December 2015 in order to maintain coverage for their same-sex partner or child of a same-sex partner.
• Notice: Notice of proposed changes on retirement plans in the regulations of the Department of Administration 16 SEP 15

Same-sex couple wins in-state tuition at FAU

UNITED STATES, Florida: On 16 September 2015, the Disctrict Court of Appeal for the Fourth District ruled that “In light of the recent decision of the Supreme Court of the United States in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), we reverse the determination of the Residency Appeals Committee of Florida Atlantic University denying the appellant's request for classification as a Florida resident based on his Massachusetts marriage to his same-sex spouse.
Opinion: Gildas Dousset v. Florida Atlantic Unjiversity and State of Florida No. 4D14-480 PDF 89.91kb 16 SEP 15

Appeals court denies Kentucky clerk's latest bid to delay issuing same-sex marriage licenses

UNITED STATES, Kentucky: On 15 September 2015, the US Court of Appeals for the Sixth Circuit refused the application of Rowan County Clerk Kim Davis seeking to prevent Beshear and Onkst from enforcing against her a directive requiring all Kentucky county clerks to issue marriage licenses to same-sex couples and exempting her from issuing marriage licenses pending her appeal.
• Order: April Miller, et al., v. Kim Davis No. 15-5961 PDF 201.91kb 15 SEP 15

Supreme Court blocks appeal over same-sex marriage

REPUBLIC OF IRELAND: On 16 September 2015, the Supreme Court refused to grant leave to appeal against a decision of the Court of Appeal dismissing two separate applications filed by Gerry Walshe and Maurice J Lyons challenging the validity of the 22 May same-sex marriage referendum, ruling that the Constitutional threshold for leave to appeal had not been met and there was no substance to the points raised.

13 September 2015

Inheritance tax: Why are people in civil partnerships and married couples exempt, but not siblings or friends?

UNITED KINGDOM, England & Wales: On 13 September 2015, The Independent writer Joan Smith discussed the inequality of the law affecting siblings and friends in non-sexual and cohabiting partnerships and the inheritance tax exemption for married couples and civil partnerships.

12 September 2015

How gay theology manipulates the book of Leviticus

SPAIN: On 12 September 2015, author Will Graham takes a contrarian view of the gay theology arguments formulated in an attempt to dismantle the anti-homosexual lessons of the Bible.

Michigan Supreme Court Orders Reconsideration Of Custody Case Involving Lesbian Parents

UNITED STATES, Michigan: On 11 September 2015, the Michigan Supreme Court remanded the Jennifer Stankevich v. Leann Milliron child custody and visitation case to the Court of Appeals for reconsideration of its dismissal in the light of the US Supreme Court decision in Obergefell v. Hodges.
Order: : Jennifer Stankevich aka Jennifer Milliron v. Leanne Milliron No. 148097 PDF 45.62kb 11 SEP 15

11 September 2015

Kim Davis files appeal to continue denying same-sex marriage licences

UNITED STATES, Kentucky: On 11 September 2015, an Emergency Motion was filed in the US Court of Appeals for the Sixth Circuit on behalf of Kim Davis seeking a stay of the 03 September District Court's injunction order requiring her to issue marriage licenses pending the appeal hearing.
• Emergency Motion: April Miller, et al. v. Kim Davis No. 15-5880 PDF 10.92MB 11 SEP 15

Texas Attorney General trying to stop lesbian inheriting her late partner's estate

UNITED STATES, Texas: On 25 August 2015, the State Attorney General Ken Paxton filed a motion in an attempt to stop Sonemaly Phrasavath from inheriting any portion of her late partner Stella Powell's estate, despite his having pledged to comply with the Supreme Court’s ruling in favour of same-sex marriage the day before. Stella Powell died in 2014 without leaving a Will and the couple were together for eight years.

After Same-Sex Marriage Ruling, States Reconsider Domestic Partner Benefits

UNITED STATES: On 08 September 2015, it was reported that before the US Supreme Court ruling on same-sex marriage, 34 percent of state and local governments allowed unmarried same-sex couples to receive health care benefits, while 28 percent did so for domestic partners of the opposite sex. Now some states that offer health and retirement benefits to the domestic partners of their employees are considering changing those policies, in large part to save money or avoid discrimination lawsuits.

10 September 2015

Venice votes to ban LGBTI promotion in schools, Milan may follow

ITALY, Veneto: On 01 September 2015, the Regional Council of Veneto passed a motion 24-9 in an attempt to forbid the teaching of gender equality and respect for LGBTI people in schools. The attempt is seen as designed to scare or pressure teachers as the national government controls what is taught in schools.

Sedona OKs Ordinance That Protects LGBT People from Discrimination in the Workplace, Housing

UNITED STATES, Arizona: On 08 September 2015, City of Sedona Council approved 7-0 Ordinance 2015-10 that amends Title 9 of the Sedona City Code Regarding Human Relations by adding Chapter 9.30 protecting LGBT people from discrimination in the workplace, housing and public accommodations.

Thailand introduces first law to protect LGBT people

THAILAND: On 10 September 2015, it was reported that the 'Gender Equality Act 2015' was implemented, protecting people from unfair discrimination among the sexes and this is defined as any action that “segregates, obstructs or limits the rights” of a person because they have “a sexual expression different from that person's original sex.” The law imposes fines of up to 20,000 baht and/or up to six months in prison.

09 September 2015

Arkansas city again approves LGBT ordinance

UNITED STATES, Arkansas: On 08 September 2015, at a Special Election voters in the City of Fayetteville approved the Uniform Civil Rights Protection Ordinance 5781 to add sexual orientation and gender identity to the local anti-discrimination ordinance making discrimination in employment, accommodations, property transactions, credit and other contractual transactions unlawful, though various religious organisations are exempt .
Ordinance: Ordinance No. 5781 PDF 401.06kb 16 JUN 15

Thomson Reuters Special Report on Tax Planning and Benefits for Same-Sex Marriages Clarifies Implications of Recent Landmark Court Decisions

UNITED STATES, National: On 09 September 2015, Thomson Reuters released a report “Same-Sex Marriage Decisions by the Supreme Court Open Doors for Tax Planning and Benefits” clarifying many of the outstanding legal and tax questions faced by same-sex couples and the tax and estate planning professionals who advise them.
• Report: Same-Sex Marriage Decisions by the Supreme Court Open Doors for Tax Planning and Benefits PDF 533.12kb, 25 AUG 15

Gay couples in Ohio now able to adopt jointly

UNITED STATES, Ohio: On 09 September 2015, Franklin County Probate Magistrate Carrie Wambaugh was reported to have granted David Cunningham joint adoption with husband Mark Cunningham of teenage sons Mitchell and Clayton, who Mark adopted as infants.

08 September 2015

Kentucky clerk Kim Davis is released from jail and says 'all is well'

UNITED STATES, Kentucky: On 08 September 2015, US District Judge David Bunning lifted the contempt order against Rowan County Clerk Kim Davis, saying he was satisfied that her deputies were fulfilling their obligation to grant marriage licenses to same-sex couples writing, “If Defendant Davis should interfere in any way [directly or indirectly] with their issuance [of marriage licenses], that will be considered a violation of this Order and appropriate sanctions will be considered”.
• Order: April Miller, et al. v. Kim Davis No. 15-cv-00044-DLB PDF 53.33kb, 08 SEP 15

Dutch government admit Russian LGBTIs are in danger, offer asylum

NETHERLANDS: On 08 September 2015, the Dutch Government was reported to have declared Russian LGBTI asylum seekers a risk group following a letter by Klaas Dijkhoff, the State Secretary for Security and Justice, to the Dutch House of Representatives. LGBTI asylum seekers will be eligible for asylum if they show minor indications of persecution in their home country, although they must still demonstrate this through personal circumstances and facts.

05 September 2015

Federal Court in Virginia Rules Against Transgender Student Seeking to Use Appropriate Restroom at School

UNITED STATES, Virginia: On 04 September 2015, US District Court Judge Robert G Doumar ruled against Gavin Grimm, a f2m transgender male student who sought a preliminary injunction challenging a recent resolution of Gloucester County School Board seeking to resume using the boys' restrooms when school begins this fall. On 09 December 2014, the Board enacted a policy that overruled the decision of school administrators and categorically barred transgender students from using restrooms that correspond with their gender identity.
Order: G.G. v. Gloucester County School Board No. 4:15cv0054-RGD-TEM PDF 209.13kb, 04 SEP 15

04 September 2015

Court Suspends Deportation Of Transgender Immigrant, Citing Dangers In Mexico

UNITED STATES, Federal: On 03 September 2015, the US Court of Appeals for the Ninth Circuit ordering officials to defer the deportation of trans woman Carey Avendano-Hernandez and remanded the case to the Board of Immigration Appeals, citing the mortal dangers faced by trans women in Mexico and requiring immigration courts within its jurisdiction to consider the unique identities and vulnerabilities of transgender individuals in evaluating a transgender applicant's asylum, withholding of removal or Convention Against Torture claim.
• Opinion: Edin Carey Avendano-Hernandez v. Loretta E Lynch No. 13-73744 PDF 258.97kb, 03 SEP 15

Kentucky clerk jailed for denying same-sex marriage

UNITED STATES, Kentucky: On 04 September 2015, it was reported that US District Court Judge David Bunning found Rowan county clerk Kim Davis in contempt of court for refusing to issue marriage licenses and sent her to jail.

03 September 2015

Judge dismisses case against Downers Grove sperm bank

UNITED STATES, Illinois: On 03 September 2015, Judge Ronald Sutter in the Eighteenth Judicial Circuit Dupage County Court dismissed the complaint of Jennifer L Crumblett against the Midwest Sperm Bank for incorrectly supplying her and her same-sex partner Amanda Zinkon with vials from African-American Donor No. 330 instead of the requested white Donor 380, citing that the allegations of wrongful birth and breach of warranty didn't meet the legal threshold under the 'Blood Shield Act'. The court, however, gave the plaintiff permission to refile with new allegations that are not alleging breach of warranty or wrongful birth. Crumblett sought damages in excess of $50,000. The case is scheduled to return to Court on 17 December.

US government to extend healthcare nondiscrimination law to transgender people

UNITED STATES, Federal: On 03 September 2015, the Department of Health and Human Services (HHS) issued a proposed rule (the 'Nondiscrimination in Health Programs and Activities') establishing that the prohibition on sex discrimination under the Affordable Care Act includes discrimination based on gender identity. The rule is now open to industry comment.
Fact Sheet: Nondiscrimination in Health Programs and Activities Proposed Rule (Accessed 06 SEP 15)

Nine gay men arrested in Burma for 'acting inappropriately'

BURMA (MYANMAR): On 03 September 2015, it was reported that nine men were arrested in Mandalay for 'acting inappropriately'. The men were 'educated' and then released on bond when it was found they had not committed any crimes.

Judge OKs Gender Surgery Opposed by 48-Year-Old's Parents

UNITED STATES, Pennsylvania: On 02 August 2015, Bucks County Judge C Theodore Fritsch Jr., dismissed the petition of parents Klaus and Ingrid Kitzler seeking to be appointed legal guardians of their 48-year-old m2f daughter Christine Kitzler in order to block her genital reconfiguration surgery on the ground that Christine is mentally incompetent. The Judge found Christine had demonstrated an ability to fully understand her decisions.

Judge declines divorce case, citing gay marriage ruling

UNITED STATES, Tennessee: On 31 August 2015, Hamilton County Chancery Court Chancellor Jeffrey M Atherton denied the divorce petition of Pamela E Bumgardner and Thomas A Bumgardner contending, amongst other reasons, that the US Supreme Court decision on same-sex marriage has derailed Tennessee's ability to determine what constitutes divorce.
• Order: Pamela E Bumgardner and Thomas A Bumgardner No. 14-0626 PDF 756.92kb, 31 AUG 15

02 September 2015

Court: No visitation rights for woman after same-sex divorce

UNITED STATES, Maryland: On 26 August 2015, Judge Zarnoch for the Maryland Special Appeals Court ruled that Michelle Conover has no right to visitation or custody of Jaxon Conover who her divorced partner Brittany Conover gave birth to before the couple married in the District of Columbia on 28 September 2010, though they were partners mid-2002, there were a number of 'breaks'. The child was conceived by artificial insemination and born 04 April 2010.
Opinion: : Michelle L Conover v. Brittany D Conover No. 2099 PDF 228.16kb, 26 AUG 15

01 September 2015

Historical Convictions Expungement Scheme

AUSTRALIA, Victoria: On 01 September 2015, changes to the Sentencing Act 1991 recognising that homosexual sex between consenting adults should never have been a crime came into force. Under the scheme, an individual (or the appropriate representative of a deceased person) can make a confidential application to the Secretary of the Department of Justice & Regulation to have their conviction or finding of guilt for an historical homosexual offence expunged. This application can be made free of charge.

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