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Legal news from Monday, August 1, 2005 |
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States brief ~ CA Supreme Court tells country club to give same-sex partners spouse discounts
Rachel Felton on August 1, 2005 5:26 PM ET

[JURIST] Leading Monday's states brief, the California Supreme Court ruled [PDF text] today that a private country club must offer spousal discounts to same-sex domestic partners. The court found that the country club's policy of allowing members' spouses to golf for free while charging members' domestic partners was "impermissible marital status discrimination." In the majority opinion, Justice Carlos Moreno wrote that the court interpreted the language of California's Domestic Partner Act [PDF text] "to mean there shall be no discrimination in the treatment of registered domestic partners and spouses." The decision reversed the rulings of two lower courts. AP has more.
In other state legal news ... - The US Environmental Protection Agencytold 28 states [EPA news release] Monday that if they fail to submit state plans for reducing power plant pollutants that form smog and soot and drift downwind, the EPA will write the reduction plans for the state. In March the agency announced the Clean Air Interstate Rule [JURIST report] which requires states in the East, South, and Midwest and the District of Columbia to reduce such pollutants. North Carolina petitioned the agency in 2004 to set emission controls for major emissions sources in upwind states, saying that the state can not meet federal air quality standards if upwind states do not reduce their pollutants. Read moree on the EPA's Clean Air Interstate Rule. AP has more.
- Illinois Governor Rod Blagojevich [official website] has vetoed three firearms-related bills, saying they would weaken current law that aims to keep firearms out of criminal hands. The bills would have required police to purge background check data 90 days after the check is performed, eliminated a waiting period for gun owners trading one firearm for another and overridden local laws regulating the transportation of firearms. The governor signed legislation last week [press release] requiring all handguns that are sold by federally licensed firearms dealers in the state to include a safety lock and signed a law [text] requiring gun sellers, who are not federally licensed firearms dealers, to request a background check from state police before selling guns at gun shows. The Chicago Sun-Times has local coverage.
- The Iowa Supreme Court has ruled [text] that the state's law banning sex offenders and others who have been convicted of crimes against children from living within 2,000 feet of a school or day-care center is constitutional. The court found that while an offender's right to choose where to live is an important interest, the Legislature acted with an important public interest in mind when creating the law [PDF text]. The law has also been upheld [PDF text] by the US Eighth Circuit Court of Appeals, but an order preventing the law from taking effect has not been lifted in federal court. Iowa's Quad-City Times has local coverage.


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UN criticizes Yemen for lack of human rights progress
Tom Henry on August 1, 2005 1:25 PM ET

[JURIST] The UN Human Rights Committee [official website] has criticized Yemen [JURIST news archive] for not incorporating many of its 2002 recommendations [UN press release] for civil and political rights in the country. Some major concerns of the Committee were judicial independence, inequality for women, domestic violence, 'honor killings', the practice of female genital mutilation (FGM) [Wikipedia backgrounder], and alleged serious rights violations used to combat terrorism. The committee, which monitors adherence to the International Covenant on Civil and Political Rights [text], acknowledged the creation of a Ministry of Human Rights in Yemen in May 2003, but said Yemen should work towards creating a national human rights organization and strive towards equality between men and women by reexamining certain laws, among other possible reforms. IRIN has more.


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Two former prosecutors sharply criticize "rigged" Gitmo tribunals in leaked e-mails
David Shucosky on August 1, 2005 9:38 AM ET

[JURIST] Two former military prosecutors characterized the military tribunals at Guantanamo [JURIST news archive] as "a fraud" and rigged" in e-mails written last year and just obtained by the Australian Broadcasting Corporation. Major Robert Preston wrote to his superviser: I consider the insistence on pressing ahead with cases that would be marginal even if properly prepared to be a severe threat to the reputation of the military justice system and even a fraud on the American people." Preston also detailed personal moral and ethical problems with working on the cases, and was later transferred out. Captain John Carr, who also later left his position, wrote:When I volunteered to assist with this process and was assigned to this office, I expected there would at least be a minimal effort to establish a fair process and diligently prepare cases against significant accused. Instead, I find a half-hearted and disorganised effort by a skeleton group of relatively inexperienced attorneys to prosecute fairly low-level accused in a process that appears to be rigged. The e-mails have reignited debate over the case of Australian David Hicks [JURIST news archive], who is facing trial before the tribunals. Australian Attorney-General Philip Ruddock [official website] Monday promised to investigate concerns [ABC Radio report] raised by the emails, and Hick's US military lawyer, Major Michael Mori, said he was "very shocked" [ABC Radio report] to read them. ABC Australia has more.


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