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Author Archives: Tony Infanti
‘Tis the season…
…for LGBT state employees to find out how (in)secure their jobs are for the next four years. Most states still do not have nondiscrimination legislation in place that protects their LGBT citizens from being fired because of their sexual orientation … Continue reading
The Cost of Equality
The New York Times web site today includes an article highlighting some of the costs associated with same-sex couples’ recent victory in their fight for marriage equality under the federal tax laws. The article is interesting but misses the larger context—because … Continue reading
Virginia Is for Haters: College Edition
The Attorney General of Virginia has sent a letter to the state’s public colleges and universities opining that the addition of “sexual orientation” or “gender identity” to their nondiscrimination policies is invalid and advising them to “take appropriate actions” to … Continue reading
Posted in LGBT Rights
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HUD to Study LGBT Housing Discrimination
The Washington Post is reporting that the Department of Housing and Urban Development is going to undertake a national study of LGBT housing discrimination. The federal Fair Housing Act does not currently prohibit sexual orientation and gender identity discrimination; however, … Continue reading
Posted in LGBT Rights
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Is Saying “I’m Gay” Offensive?
A gay Oklahoma college student’s application for a vanity license plate that reads “IM GAY” was rejected by the Oklahoma Tax Commission last year, and that rejection was upheld by three tax commissioners after an administrative hearing. The student, Keith … Continue reading
Posted in LGBT Rights
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Louisiana Ordered to Issue Birth Certificate Naming Same-Sex Couple as Parents
Yesterday, the Fifth Circuit issued its decision in Adar v. Smith. This case concerns Louisiana’s refusal to issue an amended birth certificate to an out-of-state same-sex couple who adopted a child born in Louisiana. The State of Louisiana had lost … Continue reading
Posted in LGBT Rights
1 Comment
Olympic Pride House
Check out this video over at the New York Times. It’s both uplifting and a bit depressing, especially at the very end. -Tony Infanti
Posted in LGBT Rights
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Why is this newsworthy?
A recent column in the San Francisco Chronicle begins with this paragraph: The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. … Continue reading
Posted in LGBT Rights
1 Comment
Promoting Intolerance in Schools
The Washington Post reported the other day on a flier that was recently sent home with many high school students’ report cards in Montgomery County, Maryland: Some Montgomery County high schools passed out fliers this week from an organization that … Continue reading
Posted in LGBT Rights
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Sex Reassignment Surgery Is Tax Deductible
The Tax Court has finally issued a long-awaited opinion in O’Donnabhain v. Commissioner (here). The majority concluded that O’Donnabhain’s hormone therapy and sex reassignment surgery constituted deductible medical expenses, but denied a deduction for the her breast augmentation surgery due to … Continue reading
Posted in LGBT Rights
5 Comments
“Grossing Up” Domestic Partner Benefits
Inside Higher Ed is reporting that Syracuse University has plans to be the first academic employer (and one of only a handful of employers more generally) to gross up its lesbian and gay employees’ pay to cover a portion of … Continue reading
Posted in LGBT Rights
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Huge LGBT Family Law Victory in PA
When a lesbian or gay man ended a straight relationship in Pennsylvania, the case law regarding the award of custody of any children of the relationship had for decades been overtly hostile to the lesbian or gay man. In Constant … Continue reading
Posted in LGBT Rights
1 Comment
Decentralizing Family
Given the ongoing Prop. 8 trial and the debate over same-sex marriage, I thought it would be timely to draw your attention to a paper that I posted on SSRN last fall. The paper is titled “Decentralizing Family: An Inclusive … Continue reading
Posted in Academia, Feminism and Families, Feminism and Law, LGBT Rights
1 Comment
The Closeted Prop. 8 Trial
For an interesting observation and an even more interesting back story on the Supreme Court’s 5-4 decision not to allow the Prop. 8 trial to be broadcast, see Linda Greenhouse’s post on the Opinionator blog over at the New York … Continue reading
Posted in LGBT Rights
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Transforming Marriage
In a cross-posting yesterday, Katherine Franke raised the question of whether same-sex marriage will really help to dismantle stereotypes and transform marriage. For years now, I have counted myself in the camp that answers this question yes. My answer to … Continue reading
Posted in LGBT Rights
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Attention LGBT Law Student Groups!
The National LGBT Bar Association is looking for LGBT law student groups that are interested in signing on to its amicus brief in Christian Legal Society Chapter v. Martinez, which is the case coming before the U.S. Supreme Court regarding … Continue reading
Posted in LGBT Rights
1 Comment
New List Serve on LGBT Issues at Religiously Affiliated Law Schools
I received this message in an e-mail from the Society of American Law Teachers (SALT) this morning: SALT Launches List Serve on LGBT Issues at Religiously-Affiliated Law Schools SALT member and Seton Hall University law professor Marc Poirier announces Constellation! … Continue reading
Posted in Academia
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Traditional Marriage Through the Ages
Click here for Ann Telnaes’s animated take on the subject over at the Washington Post. -Tony Infanti
Posted in Feminism and Families, LGBT Rights
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Broadcasting the Prop. 8 Trial
The federal trial regarding the constitutionality of California’s Proposition 8 is set to begin tomorrow. The district court judge who will be presiding over the trial has decided to have the trial broadcast live at several other federal courthouses and … Continue reading
Posted in LGBT Rights
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Feminist Theory Meets Empirical Research on Surrogate Mothers
The topic of surrogacy seems to elicit strong and sometimes conflicted reactions. In particular, it has been the subject of some less than favorable discussion in posts on this blog (see here and here, both cross-posts from other blogs) and … Continue reading
No Same-Sex Marriage in New Jersey
The New Jersey Senate just voted down a bill that would have extended the right to marry to same-sex couples. The vote was 20 against and 14 in favor of the bill, with several of the forty senators apparently choosing … Continue reading
Posted in LGBT Rights
1 Comment
There is an iPhone app for everything
For the socially conscious LGBT shopper, the Human Rights Campaign has now released its “Buy4Equality” app for the iPhone. Before you buy a company’s product, you can now check how the company fares on HRC’s corporate equality index. Companies are … Continue reading
Posted in LGBT Rights
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Juxtaposed Parenting Decisions
Last week, the highest courts of Montana and Missouri issued rather different decisions in the ongoing debate over LGBT parenting. The Montana Supreme Court held that the partner of an adoptive mother of two children was entitled to parental rights … Continue reading
Posted in LGBT Rights
3 Comments
Marriageable Age in New Hampshire
With so much focus on the bill protecting religious liberty, it seems that little attention has been paid to the actual bill extending the right to marry to same-sex couples in New Hampshire. That bill enshrines differing marriageable ages for … Continue reading
Posted in LGBT Rights
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Another installment of you can’t make this stuff up: College edition
For nearly a decade, Westmoreland County Community College, which is located outside of Pittsburgh, PA, has included “sexual orientation” and “union membership” among the list of specifically protected characteristics in published statements concerning its nondiscrimination policy. Naturally, the college’s lesbian, … Continue reading
Posted in Academia, LGBT Rights
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Maine Legalizes Same-Sex Marriage
Today, Maine’s governor signed into law a bill extending the right to marry to same-sex couples. (From a quick look at the Maine Constitution, art. IV, pt. 3, § 16, it appears that the law will not go into effect … Continue reading
Posted in LGBT Rights
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License to Discriminate
In an earlier post, I blogged about a California Court of Appeals decision that held that a religious high school was not a “business establishment” and, therefore, not subject to the state’s nondiscrimination law. In effect, this allowed the high … Continue reading
Posted in LGBT Rights
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Day of Silence
Tomorrow is the 13th annual Day of Silence, a day when students remain silent to draw attention to anti-LGBT name-calling, bullying, and harassment in schools. There was a highly disturbing story in the Pittsburgh Post-Gazette today in advance of the … Continue reading
Posted in LGBT Rights
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Washington to Upgrade Its Domestic Partnerships
The Washington House of Representatives passed a bill yesterday that will afford registered domestic partners all of the rights and obligations afforded to married couples. The bill passed the state’s Senate earlier this year, and the governor has indicated that … Continue reading
Posted in LGBT Rights
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New York Behind the Curve on LGBT Rights
New Yorkers have apparently been engaging in self-flagellation following the Iowa Supreme Court’s decision to extend the right to marry to same-sex couples, putting “flyover” country ahead of New York in the vanguard of advancing LGBT rights. Now a Democratic … Continue reading
Posted in LGBT Rights
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Call for Papers: Critical Perspectives on Taxation
Bridget and I just received this call for papers. The call presents a nice opportunity to contribute to the discussion about the intersection between tax and social justice. At the same time, it highlights the international composition of the critical … Continue reading
Posted in Call for Papers or Participation
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Vermont Legalizes Same-Sex Marriage
News flash: The Vermont legislature today overrode Governor Douglas’s veto by a wide margin in the state senate and with just enough votes in the state house. This now makes Vermont the fourth state to recognize same-sex marriages (joining Massachusetts, … Continue reading
Posted in LGBT Rights
1 Comment
Religion and Same-Sex Marriage
Aside from the unanimity of the opinion, for me, the most interesting part of the Iowa Supreme Court’s decision in Varnum v. Brien yesterday is its forthright discussion of religious opposition to same-sex marriage and the role that it plays … Continue reading
Posted in LGBT Rights
4 Comments
Sweden Legalizes Same-Sex Marriage
By a wide margin, Sweden legalized same-sex marriage today. Gender neutral marriage licenses will be issued beginning May 1. Sweden is now added to a list of countries recognizing same-sex marriages that includes the Netherlands, Norway, Belgium, Canada, Spain, and … Continue reading
Posted in LGBT Rights
2 Comments
Bad News on Legal Recognition of Same-Sex Relationships
Bad news on two fronts in the battle for legal recognition of same-sex relationships today. First, a bill that would allow same-sex couples in Hawaii to enter into civil unions died in that state’s senate. Second, the governor of Vermont … Continue reading
Posted in LGBT Rights
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Lambda Legal Internship Opportunity
Intern in Education & Public Affairs at Lambda Legal 120 Wall Street, National Headquarters, New York Lambda Legal’s Education and Public Affairs Department seeks college and high school students for Summer 2009 semester internships in our New York City national … Continue reading
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Debunking the Myth of LGBT Affluence
UCLA’s Williams Institute came out with a new study of poverty among the lesbian, gay, and bisexual community this past Friday. Notwithstanding the general perception of lesbians, gays, and bisexuals as an affluent minority group–a perception that, it is worth … Continue reading
Posted in Academia
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Arkansas Adoption Ban Case Survives Motion to Dismiss
The ACLU’s challenge to the ban on adoption and foster parenting by cohabiting unmarried couples, which was approved by Arkansas voters last November, survived a motion to dismiss this week. As with similar bans in Alabama, Mississippi, Utah, and North … Continue reading
Posted in LGBT Rights
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LGBT Rights as Human Rights
With all of the focus on the AIG bonuses, an important bit of news might have escaped attention today. The Obama administration once again has broken with the Bush administration. This time, by signing on to the UN Statement on … Continue reading
Posted in LGBT Rights
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Prop. 8 Oral Argument
The oral argument for the Prop. 8 lawsuit before the California Supreme Court is set for tomorrow morning at 9 a.m. (Pacific Time). For those interested in watching the arguments, they will be webcast live here. They are apparently expecting … Continue reading
Posted in LGBT Rights
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LGBT Nondiscrimination Bill Introduced in Pennsylvania
Today, House Bill 300 was introduced in the Pennsylvania legislature. It would add “sexual orientation” and “gender identity” to the Pennsylvania Human Relations Act. I have reproduced below the press release from the Value All Families Coalition about the bill: … Continue reading
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Challenging the Constitutionality of DOMA
Gay and Lesbian Advocates and Defenders (GLAD) filed a lawsuit today challenging the constitutionality of a portion of the federal Defense of Marriage Act (DOMA). The suit challenges only the provision in DOMA that denies recognition to same-sex marriages for … Continue reading
Posted in LGBT Rights
1 Comment
Sarah Palin’s Per Diems
Things have been so busy that I haven’t had much time to post recently. Nonetheless, during the presidential campaign I posted about the tax consequences of Sarah Palin’s per diems, and that post was picked up by the New York … Continue reading
Posted in Uncategorized
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Oral Argument Set for Prop. 8 Suit
The California Supreme Court has now set the date for oral arguments in Strauss v. Horton, which is the suit concerning the validity of Prop. 8. Argument will be held on the morning of March 5. The court further indicated … Continue reading
Posted in LGBT Rights
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The Gender Wage Gap: Strategies for the Future
February 20, 2009 University of Pittsburgh School of Law Why do women still earn so much less than men? Why is the gender wage gap significantly worse in Pittsburgh and Southwestern Pennsylvania? What new legal and policy strategies might … Continue reading
Posted in Academia
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License to Discriminate
In a “narrow” ruling that is really quite expansive in scope, the California Court of Appeal for the 4th District ruled last week that a private religious high school was not covered by the state’s public accommodation law. As a … Continue reading
Posted in LGBT Rights
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Gay Rights Setback in Utah
In an earlier post following the November election, I noted how a Utah LGBT rights organization saw the potential for a silver lining in the LDS church’s support for Prop. 8. The organization, Equality Utah, planned a multipronged legislative agenda … Continue reading
Posted in LGBT Rights
1 Comment
Prop. 8 Donors Cannot Hide
In a blow to hypocrisy, a federal judge has rejected the attempt by Prop. 8 supporters to shield the names of those who donated in support of the measure from release to the public. I refer to this as a … Continue reading
Posted in LGBT Rights
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Interactive Map of pro-Prop. 8 Donors
Following up on Ann’s post from yesterday, I came across this story on advocate.com that provides a link to an interactive map of the pro-Prop. 8 donors. If you take the map out far enough, you can see the non-California … Continue reading
Posted in LGBT Rights
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