Lesbian/Gay Law Notes – 2013 – Issue 07 – Summer

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Inside This Issue:

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Supreme Court Follow-Up: Emptying the Docket

On June 27, the Court dismissed ten pending petitions for certiorari that related in some way to the issues presented in Windsor and Hollingsworth. Petitions seeking review or affirmation of lower court opinions striking down Section 3 of DOMA were denied in Windsor...

Renewed Marriage Litigation in Light of Hollingsworth

Since the Supreme Court avoided deciding the underlying 14th Amendment issue in Hollingsworth, while broadly intimating in Windsor that an equal protection claim for the right of same-sex couples to marry might be successful in the future, the June 26 rulings lit a...

11th Circuit Revives Gay Ukrainian’s U.S. Asylum Claim

A three-judge panel of the U.S. Court of Appeals for the 11th Circuit ruled on July 8 that Oleksiy Okhremenko, a gay man from Ukraine, is entitled to reconsideration of his petition for asylum in the United States.  After criticizing in detail the credibility findings...

Federal Court Prosecution for Anti-Gay Hate Crime Fails in Kentucky

On June 19, U.S. District Judge Gregory F. Van Tatenhove imposed sentences in the first prosecution for a hate crime motivated by anti-gay bias under the federal Hate Crimes Law amendments enacted during President Obama’s first term to go to trial.  The judge had...