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Legal news from Monday, October 1, 2012 |
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California governor signs bill allowing some illegal immigrants to get driver's licenses
Brandon Gatto on October 1, 2012 3:40 PM ET

[JURIST] California Governor Jerry Brown [official website] on Sunday signed [press release] a bill [AB 2189, PDF] that will allow some illegal immigrants who came to the US as children to obtain state drivers licenses. Specifically, the legislation will amend the state's driver's license regulations to make hundreds of thousands of young illegal immigrants eligible to drive legally in California if they qualify for a new federal work permit program. In essence, the law directs California's Department of Motor Vehicles to issue driver's licenses to people who do not have a social security number but can prove they are authorized to be in the US under federal law [Orange County Register report]. Though a previous version was signed into law in 2003 by former governor Gray Davis, the legislature quickly repealed it following Davis' departure from office. The current version, authored by Assemblyman Gil Cedillo [official website], has received support from several Republican congressmen and is believed to be in line with the Obama administration's policy directive [memorandum, PDF; JURIST report] known as Deferred Action, which halts deportation proceedings against some illegal immigrants who came to the US as children. Likewise, the directive also allows illegal immigrants who entered the US before the age of 16 and who are now 30 or younger, in addition to other criteria, to obtain work permits.
The California State Assembly [official website] approved the bill in August 31, only two days after the Senate [official website] first approved it. Despite California's latest initiative, however, immigration laws [JURIST backgrounder] remain a hot button issue in many states. In September lawyers for Arizona Governor Jan Brewer [official website] announced a plan to appeal a preliminary injunction [JURIST report] currently blocking the provision of the controversial Arizona immigration law that criminalizes the harboring and transportation of illegal immigrants. In August, Kansas Secretary of State Kris Kobach [official website] filed a lawsuit [JURIST report] challenging the Deferred Action policy directive. Earlier that month, the US Court of Appeals for the Eleventh Circuit [official website] partially struck down [JURIST report] Alabama and Georgia's immigration laws, but upheld other provisions. Also in August, Utah's Attorney General argued that the state's restrictive immigration law should be upheld [JURIST report] in light of the Supreme Court's decision in Arizona v. United States [opinion, PDF; JURIST report].


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Bahrain court upholds jail sentences for medics
Brandon Gatto on October 1, 2012 3:12 PM ET

[JURIST] The Bahrain Court of Cassation on Monday upheld jail sentences [BNA report] issued to nine medics convicted for their involvement in Bahrain's pro-democracy uprising in February and March of 2011, the Bahrain News Agency (BNA) [official website] reported. According to BNA, the medics were working at Salmaniya Medical Complex [official website], and, during the time of the uprising, "took over the complex, detained and imprisoned kidnapped persons, and transformed the hospital to a place of illegal gathering and strikes, in violation of laws." According to Physicians for Human Rights [PHR report], however, at least 95 health workers were arrested in Bahrain only after some medics treated those hurt by security forces and spoke out against the crackdown against protesters, which included firing upon ambulances. One medic, Dr. Ali al-Ekri, was sentenced to five years imprisonment. Another medic was sentenced to three years while the remaining seven were sentenced to a one-month minimum and one-year maximum term. The nine medics were originally accused and sentenced by the Court of National Security.
A total of 20 medics, including 13 doctors, one dentist, nurses and paramedics, were originally jailed and sentenced in September 2011 for providing treatment to injured protesters after the Salmaniya Medical Complex was stormed by security forces in March. Though originally sentenced to 15 years in prison, a Bahrain court in June of this year overturned or reduced the sentences [JURIST report] for most of the medical professionals. In November King Hamad bin Isa Al Khalifa [official website] ordered a special commission [JURIST report] to make recommendations after the Bahrain Independent Commission of Inquiry (BICI) concluded in a report that Bahraini authorities used excessive force [JURIST report] and tortured detained protesters during the pro-democracy demonstrations earlier that year. In October 2011 a Bahrain court began hearing the appeals [JURIST report] the 20 convicted medical staff members. They were granted the opportunity for retrial in civilian court [JURIST report] earlier that month after their harsh sentences received international criticism. Shortly after their arrest and sentence, the medics urged the UN to investigate claims of abuse and due process violations in relation to their convictions. The medics were originally sentenced [JURIST report] in September 2011.


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California governor signs law banning sexual orientation therapy
Sarah Paulsworth on October 1, 2012 9:11 AM ET

[JURIST] California Governor Jerry Brown [official website] on Saturday signed into law [press release] a bill [SB 1172; Senate backgrounder, PDF] that bans therapy intended to change the sexual orientation of minors. California is the first state to pass a law banning this type of therapy. The bill was supported by the National Association of Social Workers, California Chapter, the American Association for Marriage and Family Therapy, California Division, the American Psychoanalytic Association and the California Board of Behavioral Sciences [advocacy websites], and the signing was welcomed by groups such as the Human Rights Campaign [advocacy website]. According to the text of the law:The potential risks of reparative therapy are great, including depression, anxiety and self-destructive behavior, since therapist alignment with societal prejudices against homosexuality may reinforce self-hatred already experienced by the patient. Many patients who have undergone reparative therapy relate that they were inaccurately told that homosexuals are lonely, unhappy individuals who never achieve acceptance or satisfaction. The law will take effect [San Francisco Chronicle report] on January 1. Violators face disciplinary action from their licensing authority.
SB 1172 was approved by the California State Assembly at the end of August and by the California Senate [JURIST reports] in May. Supporters of the bill asserted that the underlying reason for the legislation is that homosexuality is not a disease and should not be treated as such. Furthermore, therapies and efforts to reverse homosexuality were found to have detrimental effects on minors' physical and mental health, leading to suicides and substance abuse. Conversely, groups such as the National Association for Research and Therapy of Homosexuality [advocacy website] voiced their opposition, arguing that most of the facts relied on in the bill are generalizations and loose assertions. According to some experts, California's efforts to pass the ban on sexual orientation therapy have highlighted a need for better gender identity standards [JURIST op-ed].


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