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Legal news from Monday, February 13, 2012




Washington legalizes same-sex marriage
Jamie Reese on February 13, 2012 6:15 PM ET

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[JURIST] Washington Governor Christine Gregoire [official website] signed legislation [HB 6239] Monday legalizing same-sex marriage [JURIST backgrounder], making Washington the eighth jurisdiction in the US to offer marriage to same-sex couples. Washington had previously granted expanded domestic partnership rights [JURIST report] rather than full marriage or civil union rights to same-sex couples. Gregoire's signature completed a campaign for marriage rights that started in 2006. Gregoire, a strong personal advocate of same-sex marriage, stated [press release] after signing:
As governor for more than seven years, this is one of my proudest moments. And most surely today is a proud day in the history of the Legislature and the state of Washington. It is a day historians will mark as a milestone for equal rights. A day when we did what was right, we did what was just, and we did what was fair. We stood up for equality and we did it together- Republicans and Democrats, gay and straight, young and old, and a variety of religious faiths. I'm proud of who and what we are in this state.
Opponents of same-sex marriage have promised to challenge the imminent law with a referendum, similar to Proposition 8 [text, PDF; JURIST news archive] in California. The US Court of Appeals for the Ninth Circuit [official website] ruled [JURIST report] earlier this week that Proposition 8 is unconstitutional. If a ballot initiative in Washington is not achieved, same-sex marriages could begin as early as June.

The Washington state House of Representatives approved the bill to legalize same-sex marriage last Thursday while the Senate passed the bill [JURIST reports] two weeks ago. New Jersey is also considering legalizing same-sex marriage soon, although it currently has a civil union system in place. In November, a lawsuit [JURIST report] was allowed to continue in New Jersey, which seeks declaratory and injunctive relief against the state civil union law as a contravention of both the Fourteenth Amendment [Cornell LII backgrounder] and the New Jersey State Constitution. Same-sex marriage has been legalized in New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. The case for same-sex marriage was recently made by JURIST contributor Kimberly Bennett in Judicial Activism and the Recognition of Same-Sex Marriage [JURIST op-ed].




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Trial for 7 members of US militia group Hutaree begins in Michigan federal court
Jamie Davis on February 13, 2012 1:49 PM ET

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[JURIST] The trial of seven of nine indicted Hutaree [CNN backgrounder] militia members began with jury selection and opening statements [case docket] Monday in the US District Court in the Eastern District of Michigan [official website]. Nine members of the militia were indicted [JURIST report] in March 2010 on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence in connection with a plan to kill Michigan law enforcement officers. Lawyers for the Hutaree militia maintain that the anti-government statements made by militant members were not serious threats [AP report] and were made only in frustration. The government maintains that the Hutaree militia's primary aim was to fight law enforcement authorities who belonged to the "New World Order". One of the nine militia members charged has already agreed to plead guilty, while another is set for a separate trial.

In May 2010, federal Judge Victoria Roberts granted bail for the nine members of the group. Roberts ruled that bail would be granted [JURIST report] but that the eight men and one woman must relinquish weapons and weapons permits, remain confined to their homes, and be kept under electronic surveillance. The group members allegedly planned to kill [AP report] Michigan law enforcement officers by, among other methods, making phony 911 calls and ambushing those who responded. There is some evidence that right-wing nativist and so-called "patriot" anti-government militias such as the Hutaree are on the rise in the US. A 2009 report by the Southern Poverty Law Center (SPLC) [advocacy website] noted that these groups are making a comeback [JURIST report] after declining for a number of years. The SPLC said that such groups are generally anti-tax, anti-immigration, and increasingly racially motivated since the election of the country's first African-American president, Barack Obama. The SPLC also warned that these groups could soon pose a security risk to the country, quoting one official as saying "[a]ll it's lacking is a spark. I think it's only a matter of time before you see threats and violence."




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Indonesia trial begins for Bali nightclub bombing suspect
Jamie Reese on February 13, 2012 11:26 AM ET

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[JURIST] The first trial of alleged Indonesia bomber Umar Patek began Monday in the West Jakarta District Court over his role in several terrorist plots including the Jakarta church bombings in 2000 and the 2002 Bali nightclub bombing [BBC backgrounder]. Patek was arrested [Jakarta Post report] in Abbottabad, Pakistan, in 2011, just a few weeks before US special forces killed Osama Bin Laden [JURIST news archive] in the same town. If convicted Patek could face life imprisonment or a death sentence. Patek is not facing terrorism charges under Indonesia law, since the terrorism law came into effect in 2003 after both bombings and cannot be applied retrospectively [BBC News report]. Patek is believed to be a member of the alleged terrorist organization, Jemaah Islamiyah (JI) [CFR backgrounder; JURIST news archive], which claimed responsibility for the Bali nightclub bombings. His trial is expected to last for months.

Patek was extradited to Indonesia [JURIST report] from Pakistan in August 2011. JI claimed responsibility for the 2002 Bali nightclub bombings, which killed 202 people and injured 240 others. JI was also implicated in the 2004 bombing of the US embassy in Jakarta and a series of further bombings in Bali in 2005. In 2010, the Obama administration considered bringing charges in a Washington, DC, federal court against the suspected planner [JURIST report] of the nightclub bombing, Guantanamo Bay [JURIST news archive] detainee Riduan Isamuddin [BBC profile]. Isamuddin, also known as Hambali, is the former military commander of JI and was allegedly the main link between JI and al Qaeda [Global Security backgrounder; JURIST news archive] before his capture in 2003. In 2008, three JI members were executed [JURIST report] after being convicted by a Indonesia court for their involvement in those bombings. Before their executions, the three men had called on Islamic militant groups to carry out retribution attacks, which resulted in stepped-up security in the Indonesian capital of Jakarta and a warning issued by the US embassy in Indonesia.




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Greece parliament approves austerity measures
Sarah Posner on February 13, 2012 10:04 AM ET

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[JURIST] The Greek Parliament [official website, in Greek] approved austerity measures late Sunday, securing a second bailout for the country to avoid bankruptcy amidst rioting and violence in downtown Athens. A total of 199 lawmakers voted for the measures [Bloomberg report] with 74 members of parliament voting against the package. Protesters clashed with police outside parliament after the vote, looting and burning buildings in reaction to the new budget measures that will eliminate public sector jobs and lower wages and pension plans. Prime Minister Lucas Papademos [official profile] denounced the violence, regarded as the worst since 2008, which continued into Monday. Papademos had warned [Reuters report] that rejecting the package would jeopardize Greece's standing in the European community. Finance ministers from euro-based countries, who previously demanded that Greece pass budget cuts, will meet this week to decide whether to approve a second aid package for the country.

In July, UN Office of the Commissioner on Human Rights [official website] Independent Expert on foreign debt and human rights, Cephas Lumina, warned [JURIST report] Greece that implementation of previous austerity measures to solve its economic crisis [BBC backgrounder] could result in serious violations of basic human rights. The Greek Parliament passed previous austerity measures with $40 billion in budget cuts, in addition to selling $72 billion in state assets, under pressure from them International Monetary Fund (IMF), the European Union (EU) and the European Central Bank [official websites], which want to stave off Europe's first sovereign default. The Greek debt crisis is not only a European issue, but tied to the global market. JURIST Guest Columnist Dimitrios Ioannidis argued in June that the deregulation of US financial markets coupled with the strategic use of complex financial instruments has played a significant role [JURIST op-ed] in the Greek debt crisis.




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Pakistan PM charged with contempt of court
Sarah Posner on February 13, 2012 9:26 AM ET

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[JURIST] The Supreme Court of Pakistan [official website] charged Pakistani Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] with contempt of court Monday for disobeying a court order to open corruption cases against President Asif Ali Zardari [official website]. Gilani appeared before the court and pleaded not guilty, saying he will fight the charges. The Supreme Court claims Gilani defied a court order [BBC report] to ask Swiss authorities to re-open cases against Zardari. Gilani has maintained that charges against President Zardari are politically motivated and the president has immunity as the head of state [Al Jazeera report]. If he is convicted of contempt Gilani could lose his public office [JURIST report] and be sent to prison for up to six months. This is only the second time that contempt charges have been filed against a sitting prime minister in Pakistan's history. The next session is set to take place on February 22.

The Supreme Court issued a summons two weeks ago demanding Gilani appear [JURIST report] at Monday's contempt hearing. Last month, Gilani honored previously issued summons by appearing before the Supreme Court to answer contempt charges [JURIST reports] and explain why he failed to purse corruption charges against President Zardari, who is accused of using Swiss bank accounts to fund bribes. The conflict between the prime minister and the court stems from an order that struck down [JURIST report] the National Reconciliation Ordinance (NRO) [text] in 2009, which granted immunity to Zardari and 8,000 other government officials from charges of corruption, embezzlement, money laundering, murder and terrorism between January 1986 and October 1999. These proceedings reflect an ongoing struggle between the government and the courts in Pakistan. In December, the Supreme Court formed a judicial committee to investigate a secret memo [JURIST report] sent from an unknown Pakistani source to US Admiral Mike Mullen in May asking for help in preventing a suspected army coup.




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