Headline Of The Day

TMZ has the headline and the story:

Chris Sevier, who claims to be a lawyer, has previously sued pretty much everyone under the sun, including Bill O'Reilly, CBS, Facebook and Apple. This time around, Sevier has put together 91 pages of law and religious propaganda, quoting scriptures about the evils of homosexuality. Sevier claims the fact that A&E has indefinitely suspended Phil is going to have a chilling effect on other churchgoers -- himself included -- when it comes to preaching what he believes is the word of God. As for what that word is ... Sevier thinks it's rooted in sin. He says, if gay marriage is allowed, "citizens in that state should be able to marry their pets" -- he sees no difference. In addition to suing A&E ... Sevier is suing President Obama, claiming the Prez is in cahoots with A&E to further the pro-gay agenda.

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Posted in: Duck Dynasty,lawsuits,Phil Robertson,religion

HOUSTON: Lambda Legal Sues City Over Same-Sex Spousal Benefits

In late November, openly gay Houston Mayor Annise Parker announced that city employees who are legally married in other states were now eligible for spousal benefits. Three weeks later a judge suspended Parker's edict pending the outcome of a lawsuit brought by local Christian leaders. Yesterday Lambda Legal sued the city in order to reinstate the benefits ordered by Parker.

The lawsuit was filed in the U.S. District Court for the Southern District of Texas on behalf three City of Houston employees legally married to same-sex spouses and follows notification these employees received recently that the City, one month after extending the employee coverage fortheir spouses, was being forced to withdraw these benefits and cancel the coverage. “City employees who are married to same-sex spouses are doing the same work as coworkers who are married to different-sex spouses—at the end of the day this case is about equal pay for equal work.These employees, some who have worked for the City for manyyears, acted in good faith when notified the City was extending health coverage benefits to their legal spouses,” said Kenneth Upton, Senior Counsel in Lambda Legal’s South Central Regional Office in Dallas.

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Posted in: Annise Parker,Houston,Lambda Legal,lawsuits,LGBT rights,marriage equality,religion,Texas

BREAKING: Tenth Circuit Court DENIES Marriage Stay In Xmas Eve Order

Via Chris Geidner at Buzzfeed:

The 10th Circuit Court of Appeals denied the state of Utah’s request to stop same-sex couples’ marriages during the appeal of the judge’s ruling that started those marriages on Friday.“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted,” Judges Jerome Holmes and Robert Bacharach wrote in an order signed by court clerk Elisabeth Shumaker for the court.

The denial means that a Friday decision by Judge Robert Shelby striking down the state’s ban on same-sex couples marrying will remain in place during the appeal of the case, absent a contrary ruling from the Supreme Court — to which Utah officials could appeal. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.

Merry Christmas, UTAH!

UPDATE: The state is going right to Sotomayor.

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Posted in: Gary Herbert,GOP,lawsuits,LGBT rights,marriage equality,Tenth Circuit Court,Utah

NEW YORK CITY: Teacher Claims Lesbian Boss Fired Him For Being Straight

An Upper East Side private school has been sued by a former gym teacher who claims that his lesbian boss fired him because she disapproved of his "traditional family status."

Gregory Kenney, 50, taught gym at the Trinity School on W. 91st St. for 16 years before he was let go in June 2012. Kenney, who lives with his wife and three young children in LI, says he was a well-liked employee at the elite institution that counts Truman Capote, Ivanka Trump and Eric Schneiderman as alumni, until a gay athletic director named Pat Krieger took over in 2009. Krieger allegedly forced him to coach three sports, even though his contract only required him to join two teams, according to his reverse discrimination suit. When he complained that the extra responsibilities interfered with his family obligations Krieger allegedly told him, “We all make choices,” the suit says. After Kenney told Krieger that he couldn’t keep working nights and weekends, she reported him to the headmaster “while a single, female teacher faced no scrutiny when she refused to coach a third season.”

Kenney's suit seeks unspecified damages.

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Posted in: education,employment,lawsuits,NYC

PENNSYLVANIA: State Demands To Know Sexual Histories Of Marriage Plaintiffs

Back in September, Pennsylvania Gov. Tom Corbett hired former state Supreme Court Justice William Lamb (left) to defend the state against a marriage equality lawsuit brought by the ACLU. This week Lamb filed a demand to know the sexual histories of the plaintiffs.

Attorneys defending Pennsylvania in a federal court challenge to the commonwealth's prohibition on same-sex marriage have asked for "irrelevant," highly private information about the plaintiffs, their lawyer said, including whether they engaged in previous heterosexual relationships and who the natural parents of their children are. Witold "Vic" Walczak, the legal director for the American Civil Liberties Union of Pennsylvania, wrote in a letter to U.S. District Judge John E. Jones III Monday that the requests made as part of the ongoing federal lawsuit are beyond the scope of what is allowed in discovery and a violation of his clients' privacy rights.

Among the items requested, Mr. Walczak wrote in the letter, are documents showing "the natural parents" of both biological and adoptive children, which the lawyer noted would include any sperm donors; whether the plaintiffs were involved in any previous heterosexual relationships, and if so, the details of those; detailed information dating back 10 years for any other person with whom the plaintiffs resided; and the identification of "any and all health care providers from whom you have sought or received medical or psychological treatment or counseling for harm you have alleged to have suffered as a result of allegations" in the lawsuit.

Lamb  is earning $400/hour and members of his team will bill the state $325/hour each. The case is due to go to trial in June.

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Posted in: ACLU,lawsuits,marriage equality,pennsylvania

WEST VIRGINIA: State AG Asks Court To Throw Out Marriage Lawsuit

Claiming that the plaintiffs lack standing, the West Virginia state attorney general's office has asked the court to dismiss a marriage equality lawsuit.

In its motion, the state claims two reasons why the lawsuit filed by three same-sex couples should be dismissed: state law doesn't cause them any immediate harm and the couples aren't married, so the fact West Virginia doesn't recognize same-sex marriages from other states doesn't affect them, according to state attorneys. "The statute causes no concrete and immediate injury to Plaintiffs, who allege only the desire to marry each other in West Virginia and have not alleged that they are or intend to be married in another State," the motion filed in U.S. District Court on Monday by Assistant Attorney General Julie Ann Warren says.

The three couples are being represented by Lambda Legal.

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Posted in: Lambda Legal,lawsuits,marriage equality,West Virginia

TEXAS: Judge Schedules Hearing For Temporary Block On Gay Marriage Ban

A Texas judge has scheduled a February hearing on a demand to temporarily block the state's ban on same-sex marriage.

Two same-sex couples from Plano and Austin filed the request for an injunction in November. The case is a part of seven similar ones filed in other states with the goal of eventually getting the constitutionality of a ban on same-sex marriage in front of the U.S. Supreme Court. Federal District Judge Orlando Garcia set the Texas hearing for February 12 at 9:30 a.m. at the John H. Wood, Jr. United States Courthouse in San Antonio. If the judge grants the injunction, the case will be eligible for immediate appeal to the U.S. Fifth Circuit of Appeals in New Orleans.

(Tipped by JMG reader James)

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Posted in: lawsuits,marriage equality,Texas

Judge Denies Lively's Plea To Suspend Trial During Appeal To Higher Court

On Friday, Scott Lively filed a demand that his trial for crimes against humanity be suspended while he pursues a dismissal with the First Circuit Court of Appeals. Lively's first motion to dismiss was rejected by the U.S District Court in August. And today the district court again told Lively to go fuck himself. (Via Equality Case Files)

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Posted in: Africa,crimes against humanity,feds,hate groups,lawsuits,Massachusetts,religion,Scott Lively,Uganda

Pastor Scott Lively Files For Dismissal With First Circuit Court Of Appeals

Scott Lively has filed a demand that his trial for crimes against humanity be suspended while he pursues a dismissal with the First Circuit Court of Appeals. Lively's first motion to dismiss was rejected by the district court in August. From today's notice to the lower court:

This Court cannot be the first tribunal, worldwide, to recognize a claim for "persecution” based upon sexual orientation, because the ATS [Alien Tort Statute] precludes judicial creativity, requires judicial restraint, and provides only limited jurisdiction over clearly defined and universally accepted norms (Ex. A at 15-21); and (3) Lively’s alleged speech and conduct are not “criminal activity” but core political expression protected by the First Amendment (Ex. A at 21-25). The lower court usurped its authority in refusing to dismiss this action, because it is clearly without jurisdiction and SMUG’s claims are firmly foreclosed by the First Amendment. An extraordinary and immediate intervention by this Court is necessary because Lively has exhausted all alternatives and has no other viable means to confine the lower court to the lawful exercise of its proscribed jurisdiction, and to safeguard his First Amendment rights.

Lively is being defended pro bono by the Liberty Counsel. (Via Equality Case Files)

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Posted in: crimes against humanity,hate groups,lawsuits,Liberty Counsel,Massachusetts,religion,Scott Lively,Uganda