POLITICAL ACTIVITY BY STATE or COUNTRY and LEGIS. or COURT

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code

polcode

date

action

case

dont ask dont tell

 

 

 

 

 

 

gays in the workplace

 

 

 

 

 

 

affirmative action preferences

 

 

 

 

 

 

having dependents

 

 

 

 

 

 

gay marriage

B1500005

MA

stasup

20031118

Mssacusetts Supreme Judicial Court rules 4-3 that state equal protection requires gays have access to same-sex marriage and that state legislature implement

Goodridge v. Public Health

gay marriage

B1500005

VA

stabil

20040115

Same-sex marriage and any civil union or any arrangement that implies quasi-marriage privilege is illegal in VA. On April 16, 2004, Gov. Mark Warner amended the so-called "Marriage Affirmation Act" by removing the "partnership contracts and other arrangements" language. However, the Assembly rejected those changes and voted to pass the original version of the bill, sponsored by Del. Robert Marshall, R-Manassas. Both chambers passed the measure by more than a two-thirds vote disallowing a veto by the governor. The measure will become law July 1, 2004.

Controversy over whether this affects joint morgages, leases, etc

gay marriage

B1500005

MA

stasup

20040204

Mssachusetts Supreme Judicial Court issues a supplementary opinion

Goodridge v Public Health

sodomy laws

B4100001

TN

staapl

20040324

A gay man is not guilty of a crime for telling his son that he is gay

Tenn. v. Hogue

pension fund stability

C2100001

US

supopn

20040607

An employer may not change a "non compete" clause or other post-retirement disqualifying clause in a defined benefit pension fund after the pension has started paying out (under ERISA)

Central Laborers' Pension Fund v. Heinz et al

marriage traditional

B1500005

US

supopn

20040614

A man not legally married did not have legal custody of his daughter and had no standing to sue regarding the Pledge of Allegiance, claiming 1st amendment violation, on her behalf. Some justices felt the "under God" phrase was merely ceremonial

Elk Grove Unified School District et al v. Newdow et al

4th amend search and seizure

B4600001

US

supopn

20040621

Police may ask for the name of a person without charging the person with a crime, as part of routine law enforcement, like a sobriety checkpoint

Hiibel v Nevada

Access to health care

C3100001

US

supopn

20040621

HMOs can be sued only in federal court (not state courts) for coverage decisions. The effect is supposed to reduce frivolous litigation as a major component of health care costs.

Calad v. Cigna, Davila v. Aetna Health

combatants and due process

A1600003

US

supopn

20040628

Hamdi v. Rumsfeld. The government must give access to attorneys for a US citizen held as a combatant in an enemy zone, but the government may detain American citizens suspected of waging war against the Y.S. Rasul v. Bush. A similar ruling applies to detainees at Guantanamo. The case Rumsfeld v. Padilla was dismissed on a technicality

Hamdi v Rumsfeld, Rasul v Bush, Rumsfeld v Padilla

COPA

B3100003

US

supopn

20040629

COPA sent back to district court, injunction aginst enforcement in place. Senders not responsible for segregating content if can be done at receiver level through filters; content-based restriction on free speech would violate First Amendment

Ashcroft v ACLU II 03-218