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Court: Gay couple's suit against Kentucky clerk can proceed
Legal Marketing News | 2017/05/02 08:43
A federal appeals court says a gay couple's lawsuit seeking damages from a Kentucky county clerk who refused to issue them a marriage license can proceed. The ruling revives an issue that pulled the state into the center of a national debate over same-sex marriages following a historic Supreme Court ruling.

David Ermold and David Moore tried to get a marriage license in Rowan County, Kentucky, in June 2015 after the U.S. Supreme Court ruled same-sex marriage bans were unconstitutional. But Kim Davis, the county clerk, refused to issue them a license because she said it violated her religious beliefs.

Ermold and Moore sued, along with several other couples. Davis lost, and spent five days in jail for refusing to follow a court order. The dispute thrust the embattled clerk into the national limelight and prompted same-sex marriage opponents across the country to rally behind her. A Republican congressman from Ohio gave her a ticket to former President Barack Obama's State of the Union address. And she met with Pope Francis in Washington, although that encounter quickly sent the Vatican scrambling to distance itself from the controversy.

Davis has since changed her party affiliation to Republican, saying the Democratic Party had abandoned her. Ermold and Moore want Davis to pay damages for the emotional distress caused by her refusal to issue them a license. Ermold and Moore were not the first couple to be denied a license. But they filmed their rejection and uploaded it to YouTube, which has been viewed more than 1.8 million times.

Liberty Counsel, a Florida-based law firm specializing in religious-liberty issues, has represented Davis throughout the case. The firm also represents former Alabama Supreme Court Chief Justice Roy Moore, who ordered state probate judges to continue to enforce that state's ban on same-sex marriage despite the U.S. Supreme Court ruling. Moore was removed from his post because of his order. He is now running for U.S. Senate.



Trump repeats criticism of court that halted 1st travel ban
Legal Marketing News | 2017/05/01 09:21
President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.

Yet it would take congressional action to break up the 9th U.S. Circuit Court of Appeals. Republicans have introduced bills this year to do just that.

Asked Wednesday during a White House interview by the Washington Examiner if he'd thought about proposals to break up the court, Trump replied, "Absolutely, I have."

"There are many people that want to break up the 9th Circuit. It's outrageous," he told the Examiner. He accused critics of appealing to the 9th district "because they know that's like, semi-automatic."

The comments echoed his Twitter criticism of the court Wednesday morning.

Trump called U.S. District Judge William Orrick's preliminary injunction against his order stripping money from so-called sanctuary cities "ridiculous" on Twitter. He said he planned to take that case to the Supreme Court. However, an administration appeal of the district court's decision must go first to the 9th Circuit.

Republicans have talked for years about splitting the circuit into two appellate courts, but earlier legislative proposals have failed, most recently in 2005. Those battles have often pitted lawmakers from California against members from smaller, more conservative states.

Critics say the court has a liberal slant, a high caseload and distances that are too far for judges to travel. The circuit is the largest of the federal appellate courts, representing 20 percent of the U.S. population. It includes California, Alaska, Hawaii, Washington, Oregon, Montana, Idaho, Nevada, Arizona, Guam and the Northern Mariana Islands.

The circuit has 29 judges, many more than the 5th, which is the next largest circuit with 17 judges. It was created in 1891 when the American West was much less populated.

Democrats have opposed the split. Sen. Dianne Feinstein, D-Calif., was a leading opponent in the 2005 push, which she said was politically motivated. She has suggested adding judges to the court instead.



Court: Banned Dartmouth fraternity can't live in house
Legal Marketing News | 2017/04/11 09:02
The New Hampshire Supreme Court says members of a former Dartmouth College fraternity aren't allowed to live in their house after the college banned the frat from campus.

The Hanover zoning board revoked the $1.4 million Alpha Delta house's status as a student residence when the fraternity was de-recognized for burning brands into the skin of new members in 2015.

Zoning rules require that such residences operate "in conjunction with" an institution, such as the college. Alpha Delta argued it should be considered "grandfathered" under an older zoning ordinance, but the court on Tuesday rejected that argument.

Alpha Delta had been a fraternity at Dartmouth since the 1840s, and since 1920 has housed 18-22 students. It partially served as the inspiration for the 1978 movie "Animal House."






Turkish protesters denounce alleged coup plotters at court
Legal Marketing News | 2017/03/26 15:23
Turkish protesters on Monday demanded the death penalty, abolished in Turkey more than a decade ago, for 18 alleged coup plotters on trial for the killing of a military officer who resisted an effort to overthrow the government.

The demonstrators jeered as security forces escorted the defendants into a courthouse in the Turkish capital, Ankara. The crowd also displayed an effigy of Fethullah Gulen, an Islamic cleric based in Pennsylvania who is blamed by Turkey for the failed coup attempt on July 15. The effigy had a noose around its neck. Gulen has denied involvement in the uprising.

Turkey abolished the death penalty as a campaign to join the European Union gained momentum, but President Recep Tayyip Erdogan has said since the coup attempt that Turkey could hold a referendum on reinstating it if parliament fails to pass such a measure. European leaders say any talks on Turkey's bid to join the EU, which faltered years ago, would end if Ankara restores the death penalty.

Relations reached a new low this month because of Turkey's anger over the refusal of some European countries to let Turkish Cabinet ministers campaign for diaspora votes ahead of an April 16 constitutional referendum on increasing the powers of the Turkish president. Supporters of the measure say a more centralized leadership would help Turkey deal with security, economic and other challenges; critics say its approval would fit a pattern of increasingly authoritarian behavior by Erdogan.

The suspects who appeared in court in Ankara are accused of involvement in the shooting of Omer Halisdemir, an officer who was killed after he shot dead Semih Terzi, a renegade military commander who allegedly tried to take over the special forces headquarters in the capital during last year's uprising by some military units.

Suspect Ahmet Kara, who was Terzi's military aide, testified last month that he was duped into participating in the rogue operation without understanding that it was an attempt to overthrow the government. The defendants, whose trial began in February, face life imprisonment if convicted of murder and other crimes.



Court hearing on potential Ontario ban of Indians name, logo
Legal Marketing News | 2016/10/15 20:41
A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario.

The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Blue Jays in Game 3 of the American League Championship Series in Toronto.

Cardinal's lawyers will ask the court Monday to bar the usage of the name and logo by the team, Major League Baseball and Toronto team owner Rogers Communications, which is broadcasting the game in Canada.

The logo, called Chief Wahoo, is a cartoon man with red skin and a feather in his headband.

Cardinal says they shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcast and the team should be referred to as "the Cleveland team."



Pakistan court adjourns case of British woman's murder
Legal Marketing News | 2016/09/18 15:34
A Pakistani court on Saturday adjourned the case of a British-Pakistani woman's murder until Sept. 23 to give police more time to finalize charges against her father and ex-husband, who are accused of slaying her in the name of honor, police and lawyers said.

Police brought both men before the court in Jhelum as they covered their faces. They avoided most questions from journalists. However, when pressed, the woman's father, Mohammad Shahid, told reporters that the accusations are "all lies."

"The police arrested me, police charged me, you go to police station and check my report, check my statement," Shahid said.

The death of 28-year-old Samia Shahid has shocked the nation as the latest alleged case of so-called "honor killings" in Pakistan. The Bradford native's death while visiting Pakistan in July was originally declared to be from natural causes.

But Shahid's second husband, Mukhtar Kazim, publicly accused her family of killing her. The case was reopened and a police probe quickly concluded that Shahid's death was a "premeditated, cold-blooded murder," according to a police statement.

Police allege that Mohammed Shahid stood guard while his daughter's ex-husband, Mohammed Shakeel, raped her. The men then both strangled her, according to police.

Defense lawyer Mohammed Arif dismissed the police allegations as a baseless, saying his clients have been wrongly accused. He said he will appeal another court's recent rejection of bail for Mohammed Shahid.



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