GayLawNews™

October 2016

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Nov 2009 to Date

29 October 2016

Council demands to know if you are straight, gay, lesbian or transgender - before it does your recycling

UNITED KINGDOM, England & Wales: On 29 October 2016, it was reported that a survey of residents about opening hours and the way the recycling centres are laid out, Suffolk County Council also asked (not demanded) householders to voluntarily detail their age, race, religion, sexual orientation and disabilities - including whether they have HIV. Out of an adult (18+) population of 576,907, a postal survey of a sample of 11,200 was undertaken and 2,841 (25.4%) surveys were actually completed.
Survey Results: Residents Survey 2016 PDF 143.78kb 26 JUN 16 (Modified 30 OCT 16)

28 October 2016

Supreme Court to hear transgender school bathroom case

UNITED STATES, Virginia: On 28 October 2016, the US Supreme Court agreed to hear (certiorari granted) the Gloucester County School Board v. G.G. transgender rights case which could determine whether schools are required to let students use bathrooms based on gender identity.
• Order List: 580 U.S.: Friday. October 28, 2016 PDF 38.85kb 28 OCT 16

27 October 2016

Navy sets strict recruitment process to exclude homosexuals

INDONESIA: On 27 October 2016, it was reported that Navy chief of staff Admiral Ade Supandi said the Indonesian Navy ensures that none of its personnel are homosexual by implementing a strict and thorough recruitment process that includes mental and psychological testing.

26 October 2016

Gibraltar passes same-sex marriage with unanimous support

GIBRALTAR: On 26 July 2016, all 15 parliamentary members present voted to pass the Civil Marriage Amendment Act (B. 20/16) permitting same-sex couples to marry. The Act comes into operation on the day appointed by the Minister following Royal Assent.
• Act: Civil Marriage Amendment Act 2016 PDF 42.20kb 15 AUG 16
Court finds 'f--- Fred Nile' not offensive language at marriage equality rally

AUSTRALIA, New South Wales: On 25 October 2016, Magistrate Geoffrey Bradd in the Local Court dismissed charges against a group of protesters brought before the court for saying ''f--- Fred Nile'' and calling opponents ''f---ers'' at a rally in support of same sex marriage. In dismissing the offensive language charges the Magistrate said the words were used ''to dismiss the argument against marriage equality'' rather than to cause offence.

24 October 2016

Medicine Hat judges ordered 4-year-old not to wear girls' clothes in public

CANADA, Alberta: On 24 October 2016, in an unusual custody case, it was reported that in December, 2015, Judge Derek Redman kept Susan Smith (not her real name) as primary caregiver of her four-year-old curious or transgender child, but in his interim order, said the child would not be permitted to wear clearly female clothes in public, but could do so in private if desired. In February, the case went before Judge Fred Fisher. In his interim order, he again stated the clothing restriction and granted primary custody to the father. Smith was given limited access. In September, the interim clothing order was revised by a third provincial court judge. Judge Gordon Krinke said, after consulting with a parenting expert, the parents must provide both boy and girl clothing options and the child can then choose from those options.
Man who raped 10-year-old boy at swimming pool in Austria has sentence overturned by Supreme Court

AUSTRIA: On 20 October 2016, the Supreme Court reportedly overturned the finding and sentencing of a 20-year-old Iraqi refugee, accused of the rape and aggravated sexual abuse of a 10-year-old boy in a toilet cubicle at the Theresienbad swimming pool in Vienna on 2 December last year. The judges ruled that the first court should have established whether the attacker thought his victim agreed to a sexual act and intended to act against the boy's will. The defendant remains in custody pending a re-trial in 2017.
Ashers 'gay cake' verdict is defeat for freedom of expression

UNITED KINGDOM, Northern Ireland: On 24 October 2016, human rights activist Peter Tachell reasoned that the Ashers Baking Company decision (below) is a defeat for freedom of expression, saying ''As well as meaning that Ashers can be legally forced to aid the promotion of same-sex marriage, it also implies that gay bakers could be forced by law to decorate cakes with homophobic slogans''.
'Gay cake' row: born-again Christian bakers lose court appeal

UNITED KINGDOM, Northern Ireland: On 24 October 2016, the Court of Appeal upheld the 19 May 2015 County Court ruling that Ashers Baking Company had directly discriminated against Gareth Lee on grounds of sexual orientation by refusing to make a cake supporting same sex marriage. It further found that the relevant legislation is not incompatible with Articles 9, 10 or 14 of the European Convention on Human Rights.
• Judgment: Gareth Lee v. Colin McArthur, Karen McArthur and Ashers Baking Company Limited PDF MOR10086 995.99kb 24 OCT 16

21 October 2016

DOJ appeals ruling against trans student protections

UNITED STATES, Texas: On 20 October 2016, the government filed an appeal to the US Court of Appeals for the Fifth Circuit of a federal judge's decision to temporarily block an Obama administration directive on bathroom rights for transgender students in public schools nationwide.
• Notice of Appeal: State of Texas, et al v. United States of America, et al No. 7:16-cv-54-O PDF 34.37kb 20 OCT 16
Singapore Bans Foreign Funding Of Gay Pride Rally

SINGAPORE: On 21 October 2016, the government reportedly banned foreign companies from funding an annual gay pride rally as part of new rules governing protests, limiting those allowed to sponsor or participate in activities at Speakers' Corner to citizens, organisations and companies from Singapore.
Boy, 7, removed from mother's care following concerns she was forcing him to live life as a girl, court hears

UNITED KINGDOM, England & Wales: On 21 October 2016, Mr Justice Hayden in the High Court ordered that the child J be removed from his mother's care following concerns that she was forcing him to live ''life entirely as a girl'', saying ''I consider that [the mother] has caused significant emotional harm to [her son] in her active determination that he should be a girl''.
• Judgment: Re J (a minor) HTML [2016] EWHC 2430 (Fam) 21 OCT 16

18 October 2016

Judge says order against trans protections applies nationwide

UNITED STATES, Texas: On 18 October 2016, US District Judge Reed O'Connor clarified the 21 August preliminary injunction against preventing implementation of the anti-transgender guidance is limited to the issue of access to intimate facilities and applies nationwide and isn't limited to the 12 states led by Texas that sued the Obama administration over the guidance.
• Order: State of Texas et al. v. United States of America No. 7:16-cv-00054-O PDF 340.87kb 18 OCT 16
Judge recommends against transgender locker room ban

UNITED STATES, Illinois: On 18 October 2016, US Magistrate Judge Jeffrey T Gilbert recommended against an injunction that would bar a transgender student at William Fremd High School in northwest suburban Palatine from using the girls' locker room while a lawsuit proceeds. A final ruling on the injunction is expected from Judge Jorge Alonso.
• Report and Recommendation: Students and Parents for Privacy v. United States Department of Education No. 1:16-cv-04945 PDF 414.32kb 18 OCT 16

14 October 2016

Woman who says partner hid true fortune wins court battle

UNITED KINGDOM, England & Wales: On 14 October 2016, Lord Justice Elias, Lord Justice Kitchin and Lady Justice King in the Court of Appeal ruled Ms Helen Roocroft's previously unsuccessful claim that her ex-partner hid her £6m fortune and should be reconsidered by the High Court. The misinformation led Roocroft to accept a 'paltry' £162,000 payout at the end of her 19-year relationship with the entrepreneur, who died intestate in 2013. The judgment confirms that same-sex couples have the same rights under family law as heterosexual couples.
• Judgment: Roocroft v. Ball (Representing the Estate of Ainscow, dec'd) [2016] EWCA Civ 1009 HTML 233kb 14 OCT 16

13 October 2016

France's new law allows pre-op transgender citizens to change their name and gender marker

FRANCE: On 12 October 2016, the Praliament was reported to have voted on the 21st century justice law (La loi sur la justice au XX1eme siècle) which included provisions relating to legal gender recognition, allowing transgender citizens who have not gone through sterilisation and medicalisation to apply to the court to have their legal name and gender changed. There will be no requirement to provide proof of medical treatment. Emancipated minors (young people held competent to take important decisions on their own behalf) will also be able to access the updated procedure.

12 October 2016

Court quashes conviction of woman accused of 'duping friend into lesbian sex' with male persona

UNITED KINGDOM, England & Wales: On 12 October 2016, it was reported that Mr Justice King, Lady Justice Hallett and Mr Justice Dove in the Court of Appeals quashed the 12 November 2015 conviction and goaling of 25-year-old Gayle Dawn Newland for duping a fellow student into having lesbian sex with her by pretending to be a man. The Court released her on bail pending a re-trial.
Preston woman's sentence for posing as a man ''not excessive'' say judges

UNITED KINGDOM, England & Wales: On 12 October 2016, it was reported that Mr Justice King, Lady Justice Hallett and Mr Justice Dove in the Court of Appeals unanimously dismissed 24-year-old Jennifer Staines' appeal against her jail sentence of three years and three months for impersonating a man in order to have sex with teenage girls.

11 October 2016

Transgender woman advocating for name change has final day in court

UNITED STATES, Virginia: On 11 October 2016, it was reported that judge Dennis L Hupp in the Twenty-Sixth Judicial Circuit Court in Shenandoah County approved the application of M2F transgender Kendra Catherine Brill to change her name from William Joseph Brill. On 30 October 14, the judge first denied the request partly because of her probation in Botetourt County, now extended. Brill is now waiting for the change to be processed.
Russia censors internet support site for LGBT teens

RUSSIA: On 11 October 2016, it was reported that the government was expected to blacklist the Deti-404 (Children-404) website that acts as an online support system for LGBT teens in Russia, officials asserting it violates the country's 'gay propaganda' law.
Arizona Appeals Court ruling: Birth mom's same-sex ex has parental rights

UNITED STATES, Arizona: On 11 October 2016, the Court of Appeals ruled that Suzan McLaughlin, the same-sex spouse of biological mother Kimberley McLaughlin, who bore a child to them through artificial insemination using an anonymour sperm doner, is entitled to the same legal parental presumptions and rights as if she were a man. Arizona law spells out that a man is presumed to be the father of a child if he and the mother were married at any time within 10 months immediately preceding the birth and this ruling now makes that law apply regardless of the other parent's gender. The couple entered into a joint parenting agreement and executed mirror wills, declaring they were to be equal parents to the child.
• Opinion: Kimberley McLaughlin v. Suzan McLaughlin & Anor No. 2 CA-SA-2016-0035 PDF 158.97kb 11 OCT 16
Austrian intersex person denied 'third gender' passport

AUSTRIA: On 11 October2016, it was reported that a court ruled that intersex person Alex Jürgen from Steyr in Upper Austria, who applied to have 'third gender' entered into his passport, has to identify as either female or male. When Alex tried to change his/her birth certificate to state 'intersex', the local council said that the computer programme only accepts 'male' and 'female'.
Full Seventh Circuit Agrees to Rehear Lambda Legal’s Indiana Employment Discrimination Case

UNITED STATES, Indiana: On 11 October 2016, the US Court of Appeals for the Seventh Circuit vacated the three-judge ruling that Title VII of the 1964 Civil Rights Act does not protect employees from antigay discrimination, and granted Kimberley Hively's Petition for Rehearing in her claim of employment discrimination by Ivy Tech Community College. The court will announce the date for oral argument in a separate order.
• Order: Kimberley Hively v. Ivy Tech Community College No. 15-1720 PDF 856.88kb 11 OCT 16

08 October 2016

Germany to pay out 30 million euros in compensation to men convicted under historic gay sex laws

GERMANY: On 08 October 2016, it was reported that a draft law will be formally announced this month under which Germany will compensate more that 50,000 gay men who were jailed for their sexual orientation under Paragraph 175 of the Criminal Code. The plan will see 30 million euros set aside to compensate those homosexuals who were convicted, compensation depending on ''concrete individual cases'' and having regard to sentence duration.

06 October 2016

Two Chicago police officers who sodomized man with screwdriver are still on the force

UNITED STATES, Illinois: On 28 August 2004, Chicago Police Officer Scott Korhonen suspected 20-year-old security guard Coprez Coffie was in a drug deal, drove him to an alley, handcuffed and strip-searched with his pants down. During the strip search, Korhonen got a screwdriver and jammed it deep into the rectum of Coffie ­ causing internal injuries to Coffie. Eventually, on 17 October 2007 a civil jury found Officers Korhonen and Lodwich guilty of the ''unreasonable search'' and ordered the City of Chicago to pay Coffie a $4 million settlement plus nearly $675,000 for his legal fees. The officers are apparently still members of the Chicago Police Department and have not been charged with criminal assault.

04 October 2016

California Passes Law Preventing Colleges From Discriminating Against LGBT Students

UNITED STATES, California: On 28 July 2016, Gov. Jerry Brown signed into law Senate Bill 1146, mandating that private universities who discriminate against LGBT students must publicly disclose their policies on gender identity and sexual orientation, requiring colleges to openly acknowledge any Title IX exemptions granted to them.
• Bill: Senate Bill No. 1146
Court Grants Full Parental Rights to Unmarried Lesbian

UNITED STATES, Massachusetts: On 23 August 2016, the Supreme Judicial Court unanimously ruled that an unmarried gay person may establish themselves as a child's presumptive parent under state law, even without a biological relationship with the child. Karen Partanen's former partner Julie Gallagher gave birth to two children, now 4 and 8 years old, through artificial insemination and Partanen helped raise them. Partanen wanted to be declared a full legal parent and the Court reversed the dismissal order of the Probate and Family Court and remanded the case for further proceedings consistent with the SJC's opinion.
• Opinion: Karen Partanen v. Julie Gallagher SJC-12018 PDF 195.86kb 23 AUG 16

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