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Legal news from Monday, May 21, 2012 |
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Virginia governor signs voter ID bill
Rebecca DiLeonardo on May 21, 2012 2:58 PM ET

[JURIST] Virginia Governor Bob McDonnell [official website] on Friday signed [press release] Virginia's new voter ID legislation [materials] which will require voters to show one form of acceptable identification in order to cast a vote. In addition to signing the bill, the governor issued an executive order [text, PDF] directing the state Board of Elections to send new voter ID cards to all Virginia voters. In a statement, the governor said he believed the new law would help to prevent election fraud and inequality:Every qualified citizen has the right to cast one vote. Not two votes; not zero votes. It is our duty as a democracy to ensure that is always the case. ... This legislation does two things. It increases the forms of identification that can be used for purpose of voting, while helping to further prevent voter fraud and ensuring Virginians that they can have faith that votes have not been fraudulently cast. ... The additional steps my administration will take to implement this legislation will ensure that no voter is overly burdened by the provisions included in this legislation The legislation lists a number of acceptable forms of identification, including pay checks and bank statements with the voter's name on them. Photo identification is not required. The law is scheduled to go into effect on July 1.
There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial. Last month, Pennsylvania Governor Tom Corbett signed a bill requiring voters to present photo identification [JURIST report] in the upcoming November election. Also in March, a Wisconsin judge ruled unconstitutional [JURIST report] the state's voter ID law requiring a voter to display photo ID when entering a polling place to vote. In February, South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November, Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law.


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Argentina capital recognizes same-sex marriage for tourists
Rebecca DiLeonardo on May 21, 2012 2:00 PM ET

[JURIST] The city of Buenos Aires passed a resolution [press release, in Spanish] Friday that will recognize same-sex marriages [JURIST backgrounder] for non-citizens, making it the fourth district in Argentina to legalize such marriages. The new law allows tourists and other foreigners to exercise the same marriage rights afforded to citizens of Argentina. In a statement [text], the Federacion Argentina de Lesbianas, Gays, Bisexuales, y Trans (FALGBT) [advocacy website, in Spanish] said it was an important step for human rights around the world:[FALGBT] hails the decision of the municipality of Buenos Aires to eliminate the administrative obstacles that prevented the marriage between two foreigners, a right guaranteed in Article 20 of the Constitution. ... These advances arise as a result of FALGBT's "Marriage Equality in Argentina for Every Couple in the World" campaign, through which we aim to extend the benefits of the Argentine marriage equality law to the entire planet, giving a boost to the campaigns for equality in other countries. It is in accordance with, in any case, the rights guaranteed by the Constitution of Argentina and international human rights treaties incorporated after the constitutional reform of 1994. The new law requires foreign couples to show their passports and give their approximate length of stay in the country to exercise the marriage rights. Same-sex marriage was legally recognized [JURIST report] in Argentina for citizens in 2010.
Governments across the globe have struggled to define rights for same-sex couples. Last week, the Israeli Knesset [official website] rejected a bill [JURIST report] that would have legalized civil marriages in the country. Earlier that week Rhode Island Governor Lincoln Chafee signed an executive order [JURIST report] requiring government agencies to recognize same-sex marriages performed out-of-state. Earlier this month, voters in North Carolina passed a constitutional amendment to ban same-sex marriage [JURIST report]. In March, Israel's Ramat Gan Family Court ruled that a lesbian couple can both be recognized as mothers of a child they had together, finding that it would defy logic and common sense to deny parental rights to both women.


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Supreme Court to rule on standing to challenge wiretapping law
Jaclyn Belczyk on May 21, 2012 12:06 PM ET

[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Clapper v. Amnesty International USA [docket; cert. petition, PDF] to determine whether plaintiffs have standing to challenge a federal eavesdropping law. The plaintiffs, including attorneys, journalists and rights organizations, facially challenged [JURIST report] Section 702 of the Foreign Intelligence Surveillance Act (FISA) [50 USC § 1881(a) text], which was added by the FISA Amendments Act of 2008 (FAA) [HR 6304 materials]. The law creates procedures to allow electronic government surveillance of individuals living outside of the US for foreign intelligence purposes. The plaintiffs allege that the law violates the Fourth Amendment, First Amendment and Article III of the Constitution. A 2009 ruling [JURIST report] from the US District Court in Manhattan found that the plaintiffs lacked standing because they did not suffer an injury in fact and dismissed the suit. The US Court of Appeals for the Second Circuit reinstated the lawsuit [JURIST report] last year. The issue before the court is:Whether respondents lack Article III standing to seek prospective relief because they proffered no evidence that the United States would imminently acquire their international communications using Section 1881a authorized surveillance and did not show that an injunction prohibiting Section 1881a-authorized surveillance would likely redress their purported injuries. The American Civil Liberties Union (ACLU) [advocacy website], one of the respondents in the case, expressed hope [press release] that the Supreme Court would affirm the Second Circuit: "The appeals court properly recognized that our clients have a reasonable basis to fear that the government may be monitoring their conversations, even though it has no reason to suspect them of having engaged in any unlawful activities. The constitutionality of the government's surveillance powers can and should be tested in court. We are hopeful that the Supreme Court will agree."
In September the ACLU released a report [text, PDF] claiming that the US is diminishing its "core values" with regard to various counterterrorism measures [JURIST report] put in place during the 10 years since the 9/11 attacks [JURIST news archive]. To support this contention, the report cited to US policies regarding indefinite military detention for terrorism suspects, the use of torture on terrorism suspects and enemy combatants, racial and religious profiling, and domestic surveillance and wiretapping. The report posited that these policies run deeper than what is known by the American people, civil liberties continue to be violated in secret and that future violations are imminent. The ACLU called upon US citizens to demand national security measures that do not encroach upon civil liberties and to urge government leaders to put an end to policies and programs that do not align themselves with these values


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