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Legal news from Sunday, May 22, 2011



Minnesota legislature approves ballot measure to ban same-sex marriage
Sarah Posner on May 22, 2011 12:51 PM ET

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[JURIST] The Minnesota Legislature [official website] on Saturday approved adding a constitutional amendment [HF 1613, text] to ban same-sex marriage to the November 2012 ballot. The Minnesota House of Representatives [official website] voted 70-62 to approve the proposed amendment. In early May, the voter referendum received approval [JURIST report] by the Minnesota Senate [official website] by a vote of 38-27, with only one Democrat joining Republicans in supporting the amendment. Although Minnesota law already bans same-sex marriages, this constitutional amendment would ensure that the state court does not change this law. The proposed amendment will appear on the ballot asking voters: "shall the Minnesota Constitution be amended to provide that only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota?" Protesters on both sides of the issue gathered outside of the Minnesota House of Representatives for several days leading up to the vote. Minnesota Governor Mark Dayton [official website] opposes any constitutional amendment to ban same-sex marriage but cannot prevent the measure from appearing on the ballot.

Same-sex marriage remains a controversial issue across the US. 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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Bahrain court upholds 2 death sentences for police killings
Sarah Posner on May 22, 2011 10:59 AM ET

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[JURIST] Bahrain's Appeal National Safety Court on Sunday unanimously upheld [BNA report] death sentences for two men convicted of killing police officers during anti-government protests in March. The court reduced the death sentences [JURIST report] of two others to life in prison. The four men were tried in the special appeals security court set up by Royal Decree in March, under emergency law, during the Shiite-led protests in Bahrain. The special court and other measure implemented under emergency law have been heavily criticized by various human rights groups. Nabeel Rajab, leader of the Bahrain Center for Human Rights [advocacy website] criticized the ruling, expressing his concern that the cases are politically motivated and an attempt for the government to stop protests [Reuters report]. The date for the two executions has not yet been disclosed but would first require the approval of Bahrain's king. The death penalty is rarely used in Bahrain and typically not used against the country's citizens.

Last week, Bahrain's Lower National Safety Court sentenced nine citizens to 20 years in prison [JURIST report] for kidnapping a police officer. The decision was announced by the government-owned Bahrain News Agency, without details of the charges or the incident. Among the convicted was prominent Shiite cleric Mohammed Habib al-Saffaf. The Bahrain Youth Society for Human Rights [advocacy website] said that all nine were involved in previous anti-government demonstrations [statement]. UN High Commissioner for Human Rights Navi Pillay [official profile] has urged the government of Bahrain to release detained activists [JURIST report] and exercise restraint against protesters.




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