LEGAL
Noted . Notable . Noteworthy LGBT News & Views
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from page 13
brought by Lambda Legal)
• U.S. Supreme Court orders Kansas courts to
reconsider case of boy given 17 years in jail
for having gay sex (if he had had relations
with a girl, his sentence could not have
exceeded 15 months) {Kansas v. Limon)
• North Dakota Supreme Court overrules a
decades-old decision stripping gay parents of
custody rights after a divorce {Damron v.
Damron)
• Massachusetts Supreme Court opens mar
riage law to same-sex couples {Goodridge v.
Department of Public Health. ACLU as ami
cus in a case brought by GLAD)
2004
• Tennessee appellate court strikes down a
family court order barring a gay dad from
“coming out” to his own son {Hogue v.
Hogue)
• New York agrees that same-sex couples, like
heterosexual couples, should get unemploy
ment benefits if one leaves a job to move
with the other {Newland v. Unemployment
Compensation Appeals Board)
• Mayors Gavin Newsom and Jason West
permit first same-sex marriages in the
country
• Legal challenges to laws restricting marriage
to opposite-sex couples launched in New
York, California, Oregon, Maryland, and
Washington
• Federal Marriage Amendment goes down to
defeat in U.S. Senate
• $1.1 million settlement of lawsuit challeng
ing school district’s practice of ignoring
problems of harassment of LGBT kids {Flores
V. Morgan Hill Unified School District)
• Successful settlement of lawsuit challenging
a Southern California school’s decision to
keep an eighth grade student out of PE class
es because her gym teacher believed her to
be lesbian {Massey v. Banning Unified School
District. Co-counsel with National Center for
Lesbian Rights)
• Federal appeals court rules that prison offi
cials can be sued for damages for neglecting
to protect an inmate because of his sexual
orientation {Johnson v. Johnson)
• Thirteen states pass constitutional
amendments barring same-sex couples from
marrying
• Housing authorities in New York and
California are persuaded to allow domestic
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• Arkansas court overturns state’s anti-gay fos
ter care ban {Howard v. Arkansas)
• Montana high court rules that university sys
tem must provide gay employees with
domestic partner benefits {Snetsinger v.
Montana University)
2005
• Lawsuits filed in Michigan, Utah,
Georgia, Tennessee and Florida challeng
ing measures amending state constitu
tions to prohibit legal recognition of
same-sex couples
• U.S. Supreme Court refuses to hear appeal of
federal appeals court decision upholding
Florida’s ban on adoption by lesbians and
gay men {Lofton v. Florida)
• West Virginia high court takes custody of a
child away from his grandparents and
awards it to his non-biological mother,
applying the “psychological parent” doctrine
to same-sex couples. The boy’s biological
mother had died in a tragic car accident,
thereby initiating the custody battle. {Burch
V. Smarr)
• Rural school district in Missouri capitulates
when the ACLU files suit, representing a stu
dent who was disciplined for wearing a gay
positive T-shirt to school {Myers v. Webb City
High School)
• Illinois becomes the 15th state to prohibit
sexual orientation discrimination and
the fifth to outlaw gender identity
discrimination.
• Board of Immigration Appeals grants
spousal visa to El Salvadorean husband of
male-to-female transgender native, reject
ing the argument that their marriage can
not be recognized by immigration authori
ties because of the federal Defense of
Marriage Act. (Petition of Lovo-Lara)
• Arkansas Board of Cosmetology rules that a
person with HIV cannot be banned from
practicing cosmetology.
• Federal district court strikes down Nebraska
constitutional amendment barring same-sex
couples from any legal recognition of their
relationships. {Citizens for Equal Protection v.
Governor)
• California Legislature becomes the first leg
islative body in the United States to extend
marriage to same-sex couples. >
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16 jULY I .2006‘Q-NOTES