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Legal news from Saturday, March 5, 2011




Washington approves bill recognizing out-of-state same-sex marriages
Maureen Cosgrove on March 5, 2011 3:05 PM ET

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[JURIST] The Washington House of Representatives [official website] on Friday voted 58-39 to approve a bill [materials] recognizing out-of-state same-sex marriages as legal domestic partnerships. House Bill 1649 amends current law that recognizes out-of-state domestic partnerships and civil unions, but excludes same-sex marriage [JURIST news archive]. The vote took place on Friday evening, leaving several representatives displeased [Seattle Times report] that the debate would not be readily available to voters. The bill will proceed to the Senate for voting.

In January, the Wyoming House of Representatives approved a bill [text, PDF] that would prevent Wyoming from recognizing same-sex marriages and civil unions performed out-of-state. However, several states recognize out-of-state same-sex marriages. Earlier this month, New Mexico Attorney General Gary King [official website] issued an opinion stating that gay marriages from out of state would likely be legal [The New Mexico Independent report] there. In February, Maryland Attorney General Douglas Gansler [official website] declared that Maryland should recognize same-sex marriages performed elsewhere [JURIST report]. Same-sex marriage is currently legal in Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and Washington DC [JURIST reports].




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Benin court postpones presidential elections for second time
Maureen Cosgrove on March 5, 2011 1:53 PM ET

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[JURIST] The Constitutional Court of Benin [official website, in French] on Friday approved a second postponement of presidential elections following complaints that over one million people were not registered to vote. The court delayed the date [AFP report] of the presidential election from March 6 to March 13, holding that the electoral commission would not otherwise have enough time to implement measures to ensure a credible election. The head of Benin's electoral commission, Joseph Gnonlonfoun, defended his agency [AFP report], blaming political disputes for the commission's delay in preparing for the election. President Thomas Boni Yayi [official website, in French], who will be seeking a second term, said he supported the postponement demanded by his opposition. The UN, the African Union (AU) and the Economic Community of West African States (ECOWAS) [official websites] issued a joint communique [press release] on Thursday espousing the delay.

Benin's presidential election was initially scheduled for February 27. Benin's Constitution [text] requires that the first round of presidential voting be held 30 days prior to the end of the current president's term, which is on April 6. On Friday, the National Assembly [official website, in French], Benin's parliamentary body, approved a law [AFP report] that overrules the constitutional provision and would allow the election postponement.




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House Speaker Boehner launches DOMA defense group
Drew Singer on March 5, 2011 11:53 AM ET

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[JURIST] House Speaker John Boehner (R-OH) [official website] on Friday announced that he is launching a legal advisory group to defend [press release] the Defense of Marriage Act (DOMA) [text; JURIST news archive]. "The constitutionality of this law should be determined by the courts, not by the president unilaterally, and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution," the press release said. The Bipartisan Legal Advisory Group is a five-member panel consisting of the Speaker of the House, Majority Leader, Majority Whip, Minority Leader and Minority Whip. Under House rules, the advisory group has the authority to instruct the non-partisan office of the House General Counsel to take legal action on behalf of the House of Representatives, the press release said.

The US Department of Justice announced last month [JURIST report] that it will no longer defend the constitutionality [press release] of Section 3 of DOMA, which defines marriage for federal purposes as a legal union between one man and one woman, in court cases challenging the provision. Attorney General Eric Holder [official profile] acknowledged that the announcement marks a change in policy for the DOJ and the Obama administration, but noted that the change was necessary due to cases pending in the US Court of Appeals for the Second Circuit. Holder explained that when the DOJ previously defended DOMA it had done so in jurisdictions with binding precedent stating that a permissive standard of review was applicable to laws dealing with sexual orientation.




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New indictment filed against accused Arizona shooter
Drew Singer on March 5, 2011 11:19 AM ET

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[JURIST] Federal prosecutors on Friday filed a 49-count indictment [text, PDF] against Jared Lee Loughner, the suspect in the recent Tucson, Arizona shooting. The new indictment carries more severe charges than the original indictment [text, PDF; JURIST report] filed in January, accounting for all victims of the attack and carrying more serious penalties. The previous indictment received criticism [NYT report] because some people felt that it ignored many of the victims, focusing only on the attempted murder of Congresswoman Gabrielle Giffords (D-AR) [official website]. The new charges also include the murder of participants of a federal activity [18 USC § 245(b)(1)(B) text]. If the court convicts Loughner on that charge, it would be expanding the definition of a "federal activity" over past interpretations to include activities like the "Congress on your Corner" event Giffords was hosting, a possible weakness in the prosecution's case.

Prosecutors first filed charges against Loughner [JURIST report] in January. Chief Judge John Roll of the US District Court for the District of Arizona [official website] and five other people were killed in the shooting, plus another 14 wounded, including Giffords. Before serving in the Arizona District Court, Roll was a state judge and an assistant US attorney. Roll was named to the District Court in 1991 by President George HW Bush and became chief judge in 2006. Giffords received harsh criticism in Arizona for her vote for the health care reform law [HR 3590 text; JURIST news archive] and was among those members of Congress who reported threats or vandalism in 2010. Giffords also was an outspoken critic of Arizona's controversial immigration law [SB 1070 text, PDF; JURIST news archive]. Ultimately, however, a clear motive into the shootings has yet to be identified.




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