Legal Intelligencer

Changing the State of Hate-Crime Laws in Pennsylvania

tumblr_madb5cLO0b1rdh3oho1_500On Sept. 11, two gay men, ages 27 and 28, were brutally gay-bashed, allegedly by a group of young people who were dining earlier that evening at La Viola in Philadelphia. The two men went to the hospital with injuries, one with a broken jaw that needed to be wired shut, all of which police say was preceded by disparaging remarks about their sexual orientation. Since then, it has been a whirlwind; after two weeks of investigation and through the help of social media, three of the alleged 15 assailants were charged with crimes associated with the incident—simple assault, aggravated assault, recklessly endangering another person and criminal conspiracy—but shockingly, hate crimes are missing among the charges listed. (more…)

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Legal Intelligencer: Would Appeal in Whitewood Have Helped Marriage Equality?

The fight for marriage equality has entered into a new phase garnering a different perspective with respect to legal strategy. Pennsylvania joined the ranks (becoming the 19th state) on May 20 when U.S. District Judge John E. Jones III of the Middle District of Pennsylvania declared that Pennsylvania’s version of the Defense of Marriage Act was unconstitutional, ruling in favor of the plaintiffs in Whitewood v. Wolf, 2014 U.S. Dist. LEXIS 68937 (May 20, 2014). The elation was palpable in Philadelphia, as hundreds of LGBT individuals and their allies gathered on the steps of City Hall to celebrate no longer being second-class citizens in Pennsylvania, alongside the American Civil Liberties Union, the Whitewood legal team of Hangley Aronchick Segal Pudlin & Schiller and several of the plaintiffs.

Of the same-sex marriage rulings that occurred in other states so far this year—Utah, Oklahoma, Texas, Virginia, Michigan, Oregon, Arkansas and Idaho—seven (except for Oregon) had their rulings stayed pending appeal, and thus those cases have been kicked up to their respective circuit courts. Unlike most other marriage equality cases, Pennsylvania’s decision was not appealed.

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PhillyGayLawyer in Legal Intelligencer: Decision Day in Pennsylvania’s Fight for Marriage Equality

The fight for marriage equality in Pennsylvania may finally be coming to an end. There are multiple same-sex marriage cases that have been filed in Pennsylvania, but the American Civil Liberties Union and Hangley Aronchick Segal Pudlin & Schiller’s Whitewood v. Wolf, No. 13-1861-JEJ, filed a motion for summary judgment April 21 that was not contested. The case was brought on behalf of 21 plaintiffs (10 couples and one child) alleging that Pennsylvania’s state Defense of Marriage Act (DOMA) violated the Equal Protection Clause of the 14th Amendment and argues that the law substantially effects the fundamental right to marry and discriminates based on sex and sexual orientation. Originally set to be heard in June, we could have a ruling from U.S. District Judge John E. Jones of the Middle District of Pennsylvania as early as today.

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PhillyGayLawyer in Legal Intelligencer: Protecting the Rights of LGBT People in the Workplace

The legal landscape for LGBT people today is quickly changing and hard to predict, but the trend over the last few years has been overwhelmingly positive—from the U.S. Supreme Court decision overturning the federal Defense of Marriage Act and California’s Proposition 8 being ruled unconstitutional, to the growing legion of states that have come to recognize same-sex marriage either by legislation or litigation. However, the work is far from done and marriage equality is only one front of the war—and potentially not even the most important.

What is truly at the center of the LGBT human-rights movement is the effort to advance state and federal legislation protecting people from workplace discrimination on the basis of sexual orientation or gender identity. The effort has crystallized around the Employment Non-Discrimination Act (ENDA), which has been introduced in every session of Congress since 1994 except one. If, after 20 years of congressional limbo, it’s signed into law, ENDA would bar employers from firing or not hiring someone because of their “actual or perceived sexual orientation or gender identity.”

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PhillyGayLawyer in Legal Intelligencer: Residency Requirements Leave Couples ‘Wedlocked’ in PA

Remember the good old days of marriage when all you had to worry about choosing was a centerpiece and whether or not to invite that annoying second cousin on your mother’s side of the family? These days, as the battle for national recognition of same-sex marriage rages on, choosing what state you get married in is more important than ever—and not just the venue.

What very few heterosexual people know and, shockingly, very few gay people realize, is that while 18 states will now grant and recognize same-sex marriages, they almost all have residency requirements, often for up to a year, in order to file for a divorce—essentially leaving a couple “wedlocked.” Your state of celebration and state of residence might not see eye to eye on the issue of same-sex marriage and, while the federal government will now recognize your nuptials after the U.S. Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional because it violated Fifth Amendment rights in United States v. Windsor, 133 S. Ct. 2675 (2013), you could find yourself wedlocked if you do not choose wisely.

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PhillyGayLawyer in Legal Intelligencer: Principle 6 Provides a Free-Speech Loophole at Sochi

When Russian President Vladimir Putin signed into Russian legislation a law that criminalized all conduct supporting, encouraging or positively portraying the LGBT orientation in June 2013, it sparked an international outcry that has been growing in intensity, especially leading into the 2014 Winter Olympics in Sochi. This broad law specifically bans “propaganda of nontraditional sexual relations,” making it illegal to distribute information on gay rights or even suggest that homosexual relationships are equal to their heterosexual counterparts. The law was originally conceived and enacted to protect the well-being of minors, but it has been enforced through countless brutal civil rights violations that have outraged human rights activists and world leaders alike.

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PhillyGayLawyer in Legal Intelligencer: Reflecting on Victories and Losses for LGBT Rights in 2013

Will 2014 be the year when opponents of progress will finally stand alone on the wrong side of history? The forecast looks cloudy, at best. But as I look back at 2013—the battles we’ve won and the battles we’ve lost—I see tremendous potential for advances in LGBT equality in the New Year.

It is always difficult to quantify progress in struggles for increased basic human rights. Looking at 2013 cumulatively, though, there is no doubt that the United States is picking up momentum and moving toward LGBT equality faster than ever.

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