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Legal news from Thursday, May 12, 2011 |
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France lower house approves ban on hydraulic fracturing
Aman Kakar on May 12, 2011 3:44 PM ET

[JURIST] France's lower house, the National Assembly [official website, in French], approved a bill [TA Bill No. 658, materials, in French] on Wednesday to prohibit the drilling of gas and oil through hydraulic fracturing [EPA backgrounder] and to repeal hydraulic fracturing licenses granted to companies. The bill also requires license holders to submit a report within two months detailing the techniques used to mine for oil and gas. A list of the exclusive licenses to be repealed will appear in the Official Journal within three months if the bill becomes law. The bill was passed on a first reading. It must now be approved by the Senate.
Hydraulic fracturing, also known as fracking, has become a controversial issue as it is implemented in the US and around the world. Hydraulic fracturing is a process in which water, sand and chemicals are pumped into the ground to create fractures in rocks which allows trapped gas and oil to come to surface. Environmental and health concerns associated with hydraulic fracturing include contamination of ground water, migration of gases and hydraulic fracturing chemicals to the surface and the potential mishandling of waste.


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Minnesota senate approves referendum on same-sex marriage ban
Jaclyn Belczyk on May 12, 2011 3:35 PM ET

[JURIST] The Minnesota Senate [official website] on Wednesday approved a voter referendum [SF 1308 text] to amend the constitution to ban same-sex marriage [JURIST news archive]. The measure was approved by a vote of 38 - 27, with only one Democrat joining Republicans in supporting the amendment. Minnesota law currently defines marriage as a union between one man and one woman, but proponents say that a constitutional amendment is necessary to protect against same-sex marriage being legalized by a court. The measure must now be approved by the House of Representatives [official website], where it is expected to pass. If approved, it will go before voters in November 2012.
Same-sex marriage continues to be a controversial and divisive issue through the US, although a recent poll [materials] suggests support for legalization is growing. Last month, a Montana judge dismissed a lawsuit [JURIST report] that had called for the state to provide legal status to same-sex relationships. Also in April, the Indiana Senate [official website] overwhelmingly approved [JURIST report] an amendment to the state constitution that would ban same-sex marriage or any "substantially similar" status, and the Wyoming Senate [official website] in February approved a bill that would void in Wyoming any same-sex marriages and civil unions [JURIST report] performed in other jurisdictions. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington, DC [JURIST reports].


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House panel approves measure complicating 'Don't Ask Don't Tell' repeal
Jaclyn Belczyk on May 12, 2011 2:39 PM ET

[JURIST] The US House of Representatives Armed Services Committee [official website] on Thursday approved legislation [press release] that could complicate the repeal of the military's controversial "Don't Ask, Don't Tell" policy (DADT) [10 USC § 654; JURIST news archive]. The committee approved a revision to the National Defense Authorization Act for Fiscal Year 2012 [materials] that would require the heads of all four military branches to certify that lifting the ban on gays in the military would not harm military operations. Currently, the repeal must only be certified by the secretary of defense and chairman of the Joint Chiefs of Staff, with full repeal to take place within 60 days of certification. The amendment was introduced by Rep. Duncan Hunter (R-CA) [official website], who said [press release] that "excluding the service chiefs is a mistake." Gay rights groups such as Human Rights Campaign [advocacy website], however, claim [press release] that the measure is merely an "attempt to slow down repeal of 'Don't Ask, Don't Tell" and insert distracting issues into the debate."
US President Barack Obama signed the bill to repeal DADT [JURIST report] in December, but the process could still take months. Last month, US Undersecretary of Defense Clifford Stanley [official profile] testified that the repeal is on track to be complete midsummer [JURIST report]. The Don't Ask, Don't Tell Repeal Act of 2010 [HR 2965 materials] was approved in the Senate in December after being passed [JURIST reports] by the House of Representatives the week before. Since the enactment of DADT in 1993, approximately 13,000 servicemen and women have been discharged from the armed forces as a result of the policy.


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Delaware governor signs same-sex civil unions bill
Aman Kakar on May 12, 2011 2:37 PM ET

[JURIST] Delaware Governor Jack Markell [official website] on Wednesday signed into law a bill [SB 30 text] allowing same-sex civil unions [JURIST news archive] within the state. According to the legislation, individuals entering into a civil union "shall enjoy all the same rights, benefits, protections, and shall be subject to all the same responsibilities, as married persons under Delaware law." The bill also provides that "the rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses." The Delaware Senate voted 13-6 to pass the bill in April, and the House of Representatives [official website] voted 26-15 the following week in favor of the bill [JURIST report]. The law takes effect on January 1, 2012. Delaware is the eighth state to allow civil unions for same-sex couples.
Issues surrounding same-sex civil unions and marriages continue to be debated throughout the US. In April, Washington Governor Chris Gregoire [official website] signed a bill [JURIST report] recognizing out-of-state same-sex marriages [JURIST news archive] as legal domestic partnerships. House Bill 1649 amends the current law, which acknowledges out-of-state domestic partnerships and civil unions, but excludes same-sex marriage. The Senate approved the bill by a 28-19 vote after the House of Representatives passed the bill [JURIST report] by a similar margin. The bill will become effective 90 days after the close of the current legislative session. Also in April, the Arkansas Supreme Court [official website] upheld [JURIST report] a lower court decision invalidating a state ban on adoptions by same-sex couples. The court affirmed the decision of the Pulaski County Circuit Court invalidating Act 1 [ACLU backgrounder], a state law which prohibits all unmarried couples from adopting or fostering children in the state. The original suit was filed after the law was criticized for effectively denying all gay couples the right to adopt or foster a child because Arkansas does not recognize gay marriage.


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Federal judge refuses to block Indiana Planned Parenthood cuts
Alexandra Malatesta on May 12, 2011 12:36 PM ET

[JURIST] A judge for the US District Court for the Southern District of Indiana [official website] on Wednesday denied a request from Planned Parenthood of Indiana (PPIN) [advocacy website] for an injunction and temporary restraining order to prevent Indiana from implementing a law cutting state funding for abortion [JURIST news archive] services. Indiana Governor Mitch Daniels [official profile] signed the bill into law Tuesday in order to save $3 million in public funds used for services such as birth control, cancer screening and tests for sexually transmitted diseases. The American Civil Liberties Union (ACLU) [advocacy website], together with PPIN, sought to maintain state funding while they pursued a suit challenging the law, but Judge Tanya Walton Pratt denied [AP report] their request. PPIN President and CEO Betty Cockrum criticized the ruling [press release]:We are deeply disappointed that the judge decided not to stop this unconscionable law from impacting Hoosiers seeking preventive, reproductive health care. ... The ruling means that Hoosiers who rely on federal funding have lost access to their crucial and lifesaving preventive health care at Planned Parenthood of Indiana. ... [We] will continue to fight on behalf of thousands of patients at our 28 health centers around the state who count on PPIN for health care. Ken Falk, Legal Director for the ACLU of Indiana, said [press release], "[f]amily planning dollars fund preventive health services that are critical to low-income and vulnerable women and their families... It is unlawful, unnecessary and cruel to deny these populations health services that they desperately need."
Tuesday's bill was approved [JURIST report] last month by the Indiana House of Representatives [official website] banning abortions performed after 20 weeks of pregnancy, citing the possibility that after that point the fetus may be able to feel pain. Under HB 1210 [text, PDF], a physician must "[d]etermine in accordance with accepted medical standards the post-fertilization age of the fetus and which trimester the pregnant woman receiving the abortion is in [and] determine whether the fetus is viable" prior to performing an abortion. If the fetus is determined to be beyond the 20 week fertilization period, the abortion is banned. The bill makes the performance of an abortion beyond 20 weeks a criminal act with the limited exception of a procedure deemed necessary to save the life of the mother. The House also passed legislation [HB 1127 materials] mandating that an ultrasound be performed, and that the resulting image be viewed by the pregnant woman, before she can seek an abortion.


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Council of Europe launches international treaty to combat violence against women
Alexandra Malatesta on May 12, 2011 11:42 AM ET

[JURIST] The Council of Europe (COE) [official website] on Wednesday launched the first international convention to combat violence against women [text]. The group announced [press release] that the "new landmark treaty of the Council of Europe opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence." In response to a statistic that at least 15 percent of women [BBC article] have been victims of domestic violence, the treaty targets crimes including rape, forced marriage, female genital mutilation, sexual harassment, forced abortion and forced sterilization. The treaty also recognizes:the realization of de jure and de facto equality between women and men is a key element in the prevention of violence against women; ... that violence against women is a manifestation of historically unequal power relations between women and men, which have led to domination over, and discrimination against, women by men and to the prevention of the full advancement of women; ... the structural nature of violence against women as gender-based violence, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men; ... ongoing human rights violations during armed conflicts that affect the civilian population, especially women in the form of widespread or systematic rape and sexual violence and the potential for increased gender-based violence both during and after conflicts; ... that women and girls are exposed to a higher risk of gender-based violence than men; ... that domestic violence affects women disproportionately, and that men may also be victims of domestic violence; [and] ... that children are victims of domestic violence, including as witnesses of violence in the family. Thirteen countries signed the treaty during the 121st session held in Istanbul, including France, Germany and Spain.
Domestic violence continues to be a global problem. A 2010 Human Rights Watch report condemned [JURIST report] a United Arabic Emirates practice of a "husband['s] right to discipline his wife." The report noted that women in these countries still face many obstacles in achieving equality, and, despite the progress, women in the region still have little recourse for domestic violence and face discrimination in employment, education and politics. In 2009, the European Court of Human Rights (ECHR) [official website] ruled [JURIST report] that the Turkish government is responsible for the death of a woman at the hands of her ex-husband because it failed to investigate complaints. A few months earlier, the India Ministry of Women and Child Development (WCD) [official website] announced that it would review [JURIST report] the country's controversial anti-dowry act [BBC backgrounder] because increasing numbers of Indian women had issued complaints about misuse. Despite legislation controlling the cultural and religious practice, India's dowry system continues illegally, leaving many women subject to abuse without enforcement of legal protections from so-called "dowry deaths". In 2008, Pakistan [JURIST report] instituted the Prevention of Domestic Violence Act, 2008 [text, PDF], moving a step closer to outlawing domestic violence in the country by protecting women, children and domestic employees from mental, physical, and sexual abuse. In 2006, the COE released a report criticizing [JURIST report] France's human rights record and identifying impunity for domestic violence as a shortcoming in the French judicial system.


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Demjanjuk convicted of Nazi killings, released
Jaclyn Belczyk on May 12, 2011 11:00 AM ET

[JURIST] A German court on Thursday convicted retired US autoworker John Demjanjuk [NNDB profile; JURIST news archive] of helping to murder thousands during the Holocaust, sentencing him to five years in prison and then releasing him pending appeal. The judge found that Demjanjuk, 91, served as a guard at the at the Sobidor death camp, assisting in the deaths of nearly 28,000 Jews. The five-year sentence is less than the six years sought by the prosecution [JURIST report]. Judge Ralph Alt ordered his release [DW report] because of his advanced age and because the verdict is not final. Appeals could take another year or more. This is likely to be one of the world's last Nazi war crimes trials.
Demjanjuk's trial, which began [JURIST report] in November 2009, was marked by extensive delay. Last May, the court denied a motion to dismiss the charges [JURIST report] filed by the defense, which argued there was a lack of credible evidence. The court rejected the argument, saying they found the evidence against Demjanjuk to be strong. In October 2009, Demjanjuk was found fit to stand trial after the court rejected appeals relating to his health [JURIST reports], although the court limited hearings to no more than two 90-minute sessions per day. Demjanjuk fought a lengthy legal battle over his alleged involvement with Nazi death camps during World War II. He was deported to Germany after the US Supreme Court [official website] denied his stay of deportation [JURIST report].


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