NEW DELHI: In a historic judgement, the Delhi High Court on Thursday decriminalized homosexuality by reading down section 377 of the Indian
The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court. However, Section 377 of the Indian Penal Code which criminalizes homosexuality, will continue for non-consensual and non-vaginal sex.
Any kind of discrimination is anti-thesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality.
Our reporter Smriti Singh from the court sketched the rejoice of the LGBT community.
Soon after the judgement, the supporters of the LGBT rejoiced the moment of victory and called it as the “first step to a better future”. “Great moment for us, we are hoping that the court will pass an order in our favor, we have kept our finger-across,†she further added.
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A gay man in the US state of Georgia is disputing a child custody agreement restriction which prohibits him from “exposing his children to his homosexual partners and friends.”
Lambda Legal, a gay rights advocacy group, yesterday filed an amicus brief in support of Eric Mongerson at the Georgia Supreme Court.
The brief argues that restrictions on custody arrangements should not be determined based on sexual orientation and that no evidence exists that contact with gay acquaintances of their father is harmful.
“The court should do what it always does in divorce cases with custody issues, which is to focus on the needs of the children,” said Beth Littrell, Staff Attorney in Lambda Legal’s Southern Regional Office.
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The Child Online Protection Act, now a decade old, appears to be permanently, completely, and otherwise absolutely dead now that the Supreme Court has rejected Bush Administration pleas to consider reviving the law one more time. According to the Associated Press, the rejection was made without comment by the justices.
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COPA,
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By Joel Stashenko
New York Law Journal
November 28, 2008
ALBANY – A transgender individual should be allowed to legally assume a new name to reflect her identity as a woman, a state appeals court ruled Wednesday.
In Matter of Earl William Golden III, 504992, the Appellate Division, Third Department, reversed the finding of Supreme Court Justice Jeffrey A. Tait of Broome County. Justice Tait had dismissed Ms. Golden’s petition in May 2008 to formally change her name to Elisabeth Whitney Golden because the change from a traditional male name to a female name “is fraught with possible confusion.”
The decision will be published Thursday.
[click to continue…]
Tagged as:
legal,
lgbt,
transgender
HARTFORD, Conn. — Connecticut’s Supreme Court ruled Friday that gay couples have the right to marry, making the state the third behind Massachusetts and California to legalize such unions through the courts. The ruling comes just weeks before Californians go to the polls on a historic gay-marriage ballot question, the first time the issue will be put before voters in a state where same-sex couples are legally wed.
The 4-3 ruling is the first time that a state that had willingly offered an alternative to marriage was told by a court that civil unions aren’t enough to protect the rights of gay couples. Connecticut was the first state to voluntarily pass laws to affirm civil unions.
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Opinion: Kerrigan v. Commissioner of Public Health
Dissenting opinions here, here and here.
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