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Legal news from Saturday, January 26, 2013




US government: disabled students must be allowed to compete in extracurricular sports
Julie Deisher on January 26, 2013 3:12 PM ET

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[JURIST] The Office for Civil Rights of the US Department of Education [official website] on Friday issued guidance [text, PDF] clarifying school districts' existing legal obligations to give disabled students an equal chance to compete in extracurricular sports alongside their peers without disabilities. The US Secretary for Education Arne Duncan [official profile] acknowledged the critical role [official blog] sports play in the school experience. He went on to say that students with disabilities should not be denied the opportunity to participate, but the essential rules of the game do not have to be altered:
Federal civil rights laws require schools to provide equal opportunities, not give anyone an unfair head start. So schools don't have to change the essential rules of the game, and they don't have to do anything that would provide a student with a disability an unfair competitive advantage. But they do need to make reasonable modifications (such as using a laser instead of a starter pistol to start a race so a deaf runner can compete) to ensure that students with disabilities get the very same opportunity to play as everyone else. The guidance issued today will help schools meet this obligation and will allow increasing numbers of kids with disabilities the chance to benefit from playing sports.
The directive came in response to a 2010 report [text] by the US Government Accountability Office [official website], which found that many students with disabilities were not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

Education and access to it in the US has several nuanced issues. For example, earlier this month, the American Civil Liberties Union of New Hampshire (ACLU) and Americans United for Separation of Church and State (AU) [advocacy websites] challenged [JURIST report] the constitutionality of a tuition tax-credit program designed to divert taxpayer money to private religious schools across the state. In November, Oklahoma voters approved [JURIST report] a ballot measure to eliminate affirmative action programs within the state. In May, JURIST Associate Editor James Craig discussed [JURIST op-ed] the history of affirmative action, arguing that recent studies and case law have left affirmative action with an uncertain future. In May, the Tennessee House of Representatives [official website] passed a bill that augments [JURIST report] the state's abstinence-only sex education curriculum to allow parents to sue school teachers or organizations that promote "gateway sexual activity."




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Former CIA operative sentenced to prison for disclosing confidential information
Julie Deisher on January 26, 2013 1:27 PM ET

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[JURIST] The United States District Court for the Eastern District of Virginia [official website] has sentenced former Central Intelligence Agency (CIA) [official website] agent John Kiriakou, who was among the first to disclose information to the public about the CIA's use of waterboarding [JURIST report] and other interrogation techniques, to thirty months in prison [judgment, pdf] for intentionally disclosing information identifying a covert agent. Kiriakou was the first person in 27 years to be convicted for violating the Intelligence Identities Protection Act [Cornell LII backgrounder], which criminalizes the disclosure of information that identifies covert agents. The indictment [text, pdf] against him states that in various emails throughout 2008 and 2009, Kiriakou identified two covert agents involved with the capture and interrogation of al-Qaeda operative Zayn al-Abidin Muhammed Hussein (also known as Abu Zubaida) [BBC profile] to journalists.

The CIA has faced a number of legal challenges in the past year. Last month, the High Court of England and Wales refused to allow [JURIST report] a legal challenge to the possible role of the UK's spy agencies in aiding CIA unmanned drone strikes [JURIST news archive] in Pakistan. This was in response to a Pakistani citizen who sued [JURIST report] the British Foreign and Commonwealth Office [official website] in order to discover the extent and lawfulness of UK government aid to US drone strikes in Pakistan. In October, JURIST guest columnist Douglas Cox opined that the CIA should respond [JURIST op-ed] to the National Archives inquiry into the CIA's destruction of detainee interrogation tapes in order to prevent any further destruction of important records. In September, JURIST Guest Columnist Tung Yin argued that Attorney General Eric Holder should have given some explanation [JURIST op-ed] for his decision to refrain from prosecuting any suspects after spending years investigating the CIA's abuse of interrogation methods that led to the deaths of at least two detainees. Earlier that same month, the US Court of Appeals for the District of Columbia Circuit [official website] heard arguments [JURIST report] on whether to grant a Freedom of Information Act [5 USC § 552] request by the American Civil Liberties Union [advocacy website] to obtain information from the CIA on its use of unmanned drones. Also in September, the Italian Court of Cassation [official website, in Italian] upheld the convictions [JURIST report] of 23 former CIA officers for the 2003 kidnapping and rendition [JURIST news archive] of Egyptian terror suspect Osama Moustafa Hassan Nasr.




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Virginia senate passes bill to protect state LGBT employees from discrimination
Max Slater on January 26, 2013 10:51 AM ET

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[JURIST] The Virginia Senate [official website] approved legislation [Senate Bill No. 701, text] on Friday that would prohibit the state government from discriminating against its employees based on sexual orientation. The Senate passed the bill 24-16 with four Republicans joining all 20 Democrats in support. Senator Adam Ebbin (D) [official website], an openly gay lawmaker, declared [WP report] that the anti-discrimination bill would help ensure that Virginia's government stays competitive with the private sector to attract the best and brightest employees. The bill will now go to the Virginia House of Delegates, the lower legislative chamber, where Republicans hold a 67-31 super-majority.

Discrimination based on sexual orientation has been a controversial issue worldwide. In July UN Secretary-General Ban Ki-Moon [official profile] called for an end to sexual orientation discrimination [JURIST report]. In June a group of LGBT plaintiffs filed an appeal [JURIST report] in their suit challenging a Tennessee law that bars local governments from creating anti-discrimination laws that are stricter than those of the state. The US Senate Health, Education, Labor and Pensions Committee (HELP) held a hearing [JURIST report] in June on the Employment Non-Discrimination Act (ENDA), focusing on discrimination faced by LGBT employees across the country. Earlier in June JURIST guest columnist Brynne Madway argued [JURIST op-ed] that the LGBT community must shift some of its focus to promoting anti-discrimination laws, noting that "only 16 states have nondiscrimination laws that include gender identity and sexual orientation." In December 2011 the UN Office for the High Commissioner for Human Rights (OHCHR) released its first ever report [JURIST report] on the global human rights of LGBT people. The report details LGBT people around the world being killed or enduring hate-motivated violence, torture, detention, criminalization and discrimination in jobs, health care and education because of their real or perceived sexual orientation or gender identity.




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US appeals court vacates conviction of al Qaeda media director
Max Slater on January 26, 2013 10:12 AM ET

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[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Friday vacated the conspiracy conviction of Ali Hamza Ahmad Suliman Al Bahlul [HRW profile; JURIST news archive], the media secretary of Osama bin Laden [JURIST news archive]. The DC Circuit ruled [Miami Herald report] that the military tribunal that convicted Al Bahlul of conspiracy in 2007 erred because a Guantanamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 (MCA) [text, PDF] codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court [official website].

Two weeks ago the US Department of Justice (DOJ) [official website] asked the DC Circuit to reverse Al Bahlul's conviction [JURIST report] because the court is bound by its decision last October to dismiss the case against bin Laden's former driver, Salim Ahmed Hamdan. In September 2011 the US Court of Military Commission Review [official website] ruled in a 7-0 vote that Al Bahlul had been properly convicted of being a propagandist and should spend the rest of his life in prison [JURIST reports]. He previously boycotted much of his trial proceedings. Al Bahlul, a 39-year old Yemeni citizen, went on trial [JURIST report] at Guantanamo Bay [JURIST backgrounder] in 2008. He is alleged to have been Osama bin Laden's personal assistant and media secretary and was charged in February 2008 with conspiracy, solicitation to commit murder and attacks on civilians, and providing material support for terrorism. He is accused of researching the financial impact of the 9/11 attacks and also releasing the "martyr wills" of 9/11 hijackers Muhammed Atta and Ziad al Jarrah as propaganda videos. Al Bahlul was the second detainee to go on trial at Guantanamo since the prison there opened in 2002 and is the only convicted criminal currently held at the facility.




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