A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.
Same-Sex Couples Have A Right To Marry & A Right To Have Marriage Recognized By Other States.
The United States Supreme Court held the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Chief Justice Roberts, in his dissent joined by Justices Scalia and […]
Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.
The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Classifications Based On Sexual Orientation Require Heightened Scrutiny.
The allegations are that drug company #1 licensed to drug company #2 the authority to market drug company #1’s HIV drug. After it sold the license to its drug, drug company #1 increased the price fourfold. Meanwhile back at drug company #1, another HIV drug was being marketed at a much lesser cost, thus driving business […]
Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.
The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum. He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was […]
Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.
The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]
United States Supreme Court Issues Proposition 8 Opinion.
On June 26, 2013, the Supreme Court of the United States issued its ruling on the Proposition 8 matter in an opinion authored by John Roberts, Chief Justice of the United States. After first noting the public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry, the high […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
Intentional Interference With Expected Inheritance [IIEI]; There’s A New Tort In Town!
![Homosexual Intentional Interference With Expected Inheritance [IIEI]](https://www.mellorlawfirm.com/wp-content/uploads/2013/03/gay-men-2.jpeg)
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to the […]