8 Times The Supreme Court Ruled On LGBT Rights

The Supreme Court will hear oral arguments in the Masterpiece Cakeshop case on December 5, 2017

On December 5, the Supreme Court will hear oral arguments in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, which puts the state’s public accommodations law against “sincerely held religious beliefs” opposing marriage equality.gay cake

After Colorado bakery owner Jack Phillips refused to sell a wedding cake to David Mullins and Charlie Craig because it was against his religious beliefs, the couple filed complaints with the Colorado Civil Rights Division, which determined that Phillips was at fault. In 2015, a Court of Appeals unanimously affirmed that decision, but Phillips maintains the state’s anti-discrimination law violates his First Amendment rights to freedom of speech and free exercise of religion.

The case could have serious implications for both anti-discrimination statutes and so-called religious freedom laws that enshrine anti-LGBT discrimination. But it’s far from the first time our rights have come before the Supreme Court. Below, we look at the high court’s history with the LGBT community.

  1. One, Inc. v. Olesen (1958)Founded in 1952, ONE, Inc. was the first LGBT organization in the U.S. to have its own offices. Its magazine, One: The Homosexual Agenda, came a year later and is believed to be the first mass-produced gay publication in America, sold through the mail and on newsstands in L.A.

    In October 1954, the FBI and the Postmaster General of Los Angeles declared One obscene and refused to deliver it. The publishers sued and, though they lost the case and subsequent appeal, the took their case to the Supreme Court. Their victory marked the first time the high court sided with the LGBT community.

    The magazine ceased publication in December 1969.

By Dan Avery, NewNowNext.com, November 20, 2017

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Supreme Court Restores Visitation Rights to Lesbian Adoptive Mother

WASHINGTON — In a pair of unsigned opinions, the Supreme Court on Monday restored the rights of a lesbian adoptive mother who had split with her partner and reversed a murder conviction tainted by prosecutorial misconduct.

 

The adoption ruling reversed one by the Alabama Supreme Court, which had refused to recognize the woman’s adoptions of three children, which had been granted by a Georgia court in 2007.

The woman, identified in court papers as V.L., said she was overjoyed.

“I have been my children’s mother in every way for their whole lives,” she said in a statement. “I thought that adopting them meant that we would be able to be together always. When the Alabama court said my adoption was invalid and I wasn’t their mother, I didn’t think I could go on.”

The United States Supreme Court’s opinion, which was unsigned and had no noted dissents, said the Alabama court had violated the Constitution’s “full faith and credit” clause. “A state may not disregard the judgment of a sister state because it disagrees with the reasoning underlying the judgment or deems it to be wrong on the merits,” the opinion said.

Supreme Court

The two women in the case, V.L. v. E.L., No. 15-648, were in a committed relationship that started in 1995 and lasted about 17 years. They shared a last name.

One of them, identified in court papers as E.L., gave birth to a child in 2002 and to twins in 2004, both times by insemination from an anonymous donor. They raised the children together in Alabama until they broke up in 2011, and the adoptive mother, V.L., continued to see the children for a time afterward.

When a dispute about the visits arose, V.L. turned to an Alabama court, which granted her visitation rights based on the Georgia adoption judgment. The Alabama Supreme Court reversed that, saying in an unsigned opinion that the Georgia judgment was not entitled to the “full faith and credit” ordinarily required by the Constitution “to the public acts, records and judicial proceedings of every other state.”

The Alabama Supreme Court reasoned that the Georgia court had misunderstood Georgia law in allowing the adoption, saying that “Georgia law makes no provision for a nonspouse to adopt a child without first terminating the parental rights of the current parents.”

by Adam Liptak – New York Times, March 7, 2016

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