 |
|

Legal news from Saturday, June 30, 2012 |
 |
|


US House petitions Supreme Court to rule on DOMA
Jaimie Cremeans on June 30, 2012 3:03 PM ET

[JURIST] Leaders of the US House of Representatives [official website] on Friday petitioned [text, PDF] the Supreme Court [official website] to uphold the constitutionality of Section 3 of the 1996 Defense of Marriage Act [text], which limits the federal benefits of marriage to unions between a man and a woman. It states that for the purposes of any federal laws, "the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife." The US Court of Appeals for the First Circuit [official website] ruled [opinion; JURIST report] last month that the Section 3 is unconstitutional under the equal protection clause of the Fifth Amendment [text]. Members of the House of Representatives argued that the First Circuit incorrectly used a "previously unknown standard of equal protection review," which the court described as "intensified scrutiny." The petitioners said that rational basis should apply, because the First Circuit case upheld that sexual orientation is not a suspect class or a class eligible for intermediate scrutiny and that the provision was permissible under rational basis scrutiny. The First Circuit stopped short of deciding whether there is a constitutional right to same-sex marriage [JURIST backgrounder] in its decision on the DOMA. This petition is the first on DOMA to reach the Supreme Court, whose next term, which begins October 1.
The First Circuit's decision was the first appeals decision on the law, but there have been other challenges in different circuits. Last week, Republican members of the House filed a memorandum in a district court in the Second Circuit asking it to refrain from ruling [JURIST report] in a case challenging the act's constitutionality until the Second Circuit Court of Appeals [official website] makes a ruling in a pending case. US Senators also filed an amicus brief [JURIST report] in the Court of Appeals for the Ninth Circuit [official website] asking that the appeals court uphold the DOMA as constitutional. The US District Court for the Southern District of New York [official website] also ruled [JURIST report] that the DOMA is unconstitutional earlier this month. These rulings all came after the Department of Justice [official website] announced [JURIST report] last year that it would no longer defend the law as constitutional.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Egypt swears in Morsi as President
Jaimie Cremeans on June 30, 2012 2:10 PM ET

[JURIST] President-elect of Egypt Mohamed Morsi was sworn in [press release] Saturday at the Supreme Constitutional Court (SCC) [offical profile] before the General Assembly of the court. In his speech, Morsi vowed that Egypt would continue on the right path toward democracy: "Today, Egypt has become a modern, constitutional and civilian State." He also said he would work to ensure the three branches of government, the executive, legislative and judicial branches, remain independent of each other. Following his inauguration, Morsi held a celebration [press release] at Cairo University [official website, in Arabic], where he spoke to a crowd of both ordinary citizens and government leaders. Morsi is Egypt's first freely elected president and first Islamic president. He was elected earlier this month in a run-off election [JURIST report] against former Prime Minister Ahmed Shafik, after the general election produced results with a difference of only 250,000 votes between the two.
Morsi is taking power during a transitional time in Egypt's government, and he is under a lot of international pressure to ensure that Egypt stays on track toward democracy. Yesterday, Amnesty International [advocacy website] urged [JURIST report] Morsi to end the pattern of human rights abuses carried out by former president Hosni Mubarak. Earlier this month, a former candidate in the presidential election, along with nongovernmental groups, filed a lawsuit challenging Egypt's interim constitution after a provision was added stating that power would be transferred to the new president [JURIST reports] by the end of the month, but that the Supreme Council of the Armed Forces would maintain broad authority until a permanent constitution is created. The SCC also created controversy earlier this month by dissolving Egypt's parliament after ruling that over a third of its members were elected illegally. The day before dissolving the country's parliament, the SCC broadened the powers of its military [JURIST report], restoring its power to arrest citizens for non-military offenses.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Kazakhstan must justify charges against political activists: HRW
Jennie Ryan on June 30, 2012 10:44 AM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Saturday demanded [press release] that authorities in Kazakhstan [official website] publicly disclose their reasons for bringing new criminal charges against a group of labor activists and an oil worker who participated in an extended labor strike in 2011. The National Security Committee of Kazakhstan [backgrounder] charged the group with "calling for the forcible overthrow of the constitutional order" for their roles in a labor strike which culminated in violence between protesters and police in December 2011. The unrest occurred in a remote desert oil town of Zhanaozen when oil workers demanded higher pay and better conditions, but the oil company refused and responded by terminating their employment. In January, the men were charged with "inciting social discord." According to HRW, "The vague nature of the charges and lack of transparency in the investigation, including a failure to provide any information on what they allegedly did to justify the charges, raise serious concerns that these charges are arbitrary and politically motivated." If convicted of the new charges, the group faces up to seven years in prison.
Early this month, a court in Kazakhstan sentenced [JURIST report] 13 out of 37 defendants to between three and seven years of imprisonment for their participation in the unrest last December. Kazakhstan has been criticized for its failure to comply with international human rights standards. In April, 47 individuals were sentenced [JURIST report] to 15 years imprisonment for their involvement in terrorist attacks and financing extremist activities. However, the trial and information pertaining to it were not entirely accessible to the public, and the lack of transparency has raised concerns of possible human rights violations. In October, Kazakhstan's President Nursultan Nazarbayev [official website, in Kazakh; BBC profile] signed [JURIST report] into law a bill dissolving religious organizations and requiring re-registration. This new bill and its endorsement by the president drew a number of criticisms that the law unnecessarily limits the freedom of religion. The president's signing came after the country's parliament approved [JURIST report] the bill few weeks earlier.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|