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Calif top court: Docs can't withhold care to gays
Court Feed News | 2008/08/20 15:32
California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."

In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.

Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.

The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.



Killer of 11 train passengers faces sentencing
Court Feed News | 2008/08/20 12:33
A man who killed 11 people by causing a commuter rail disaster in Glendale faces sentencing, one month after a jury recommended he serve life in prison without the possibility of parole.

During the penalty phase of Juan Alvarez's trial, jurors cried openly as survivors of the dead came forward to describe the anguish of their losses and the emptiness of their lives since the accident in 2005 robbed them of spouses, sisters, fathers and mothers.

Superior Court Judge William Pounders, who has presided over many high profile trials in a long career on the bench, admitted outside the jury's presence that he also had been affected by the survivors' testimony.

"I've never been so emotionally affected by evidence," said Pounders, who does not have the option to increase the penalty to death at the sentencing hearing Wednesday.

The prosecution described Alvarez as a remorseless, smirking defendant who didn't think of the case as a tragedy.

The defense painted the 29-year-old as a mentally disturbed man who was almost aborted by his mother, was shaped by a childhood of horrific abuse and became a methamphetamine addict. They said he drove his sport utility vehicle on the railroad tracks in a misguided attempt to get the attention of his estranged wife. They said he changed his mind at the last minute but it was too late to get the vehicle off the tracks.



Texas seeks custody of teen Jeffs allegedly wed
Court Feed News | 2008/08/19 12:37
The mother of a girl allegedly given in marriage at age 12 to jailed polygamist leader Warren Jeffs refused to answer questions Monday from attorneys for the state child welfare agency who had begun presenting evidence.

The state wants to remove the girl, now 14, and an 11-year-old brother from the mother's care, saying she has refused to guarantee the girl won't have contact with men accused of being involved in underage marriages. The girl's father allegedly blessed her marriage to Jeffs and the underage marriages of at least two sisters.

The hearing was initially delayed while lawyers in that case and three others tried to negotiate settlements. Later, Texas Ranger Nick Hannah helped Child Protective Services introduce into record dozens of marriage records, photos and church records outlining family relationships that were seized from the Yearning For Zion Ranch in Eldorado.

The girl's mother refused to answer roughly 50 questions asked by attorneys for the child welfare agency, including what constituted abuse, the names of her children and her relationship with their father.



Texas seeks custody of teen Jeffs allegedly wed
Court Feed News | 2008/08/19 12:37
The mother of a girl allegedly given in marriage at age 12 to jailed polygamist leader Warren Jeffs refused to answer questions Monday from attorneys for the state child welfare agency who had begun presenting evidence.

The state wants to remove the girl, now 14, and an 11-year-old brother from the mother's care, saying she has refused to guarantee the girl won't have contact with men accused of being involved in underage marriages. The girl's father allegedly blessed her marriage to Jeffs and the underage marriages of at least two sisters.

The hearing was initially delayed while lawyers in that case and three others tried to negotiate settlements. Later, Texas Ranger Nick Hannah helped Child Protective Services introduce into record dozens of marriage records, photos and church records outlining family relationships that were seized from the Yearning For Zion Ranch in Eldorado.

The girl's mother refused to answer roughly 50 questions asked by attorneys for the child welfare agency, including what constituted abuse, the names of her children and her relationship with their father.



Court protests halt hearing in immigrant killing
Court Feed News | 2008/08/18 12:31
Courthouse protests have caused a brief interruption in the preliminary hearing of three teenagers charged in the beating death of a Mexican immigrant in a small Pennsylvania town.

About 40 protesters outside the courthouse in Pottsville have been told to keep quiet or they'll be forced to move. The protesters are from workers and immigrants' rights groups.

A defense attorney complained about the distraction and the hearing was recessed for several minutes until the protesters quieted down. There have been no arrests.

Luis Ramirez was attacked July 12 when he crossed paths with a group of teens in the town of Shenandoah, about 80 miles northwest of Philadelphia.

A judge is deciding if there is enough evidence against the three to send the case to trial.



Appeals court in NYC will rehear torture case
Court Feed News | 2008/08/15 11:29
A federal appeals court will reconsider its decision to toss out a Canadian engineer's lawsuit over torture he says he endured after being mistaken for an Islamic extremist.

The move by the 2nd U.S. Circuit Court of Appeals in Manhattan was unusual not only because the full circuit assembles for a case only once or twice a year, but because Maher Arar's attorneys had yet to even ask for a full hearing.

The court notified lawyers Wednesday that the full panel of 13 judges will rehear Arar's case, which a three-judge panel of the 2nd Circuit dismissed in June. Arguments are scheduled for Dec. 9.

"We never even considered the possibility they would do it before we asked," said Maria LaHood, a Center for Constitutional Rights senior attorney representing Arar. "They certainly decided it was important enough on their own."

The Syrian-born Arar was detained in 2002 after switching planes at John F. Kennedy International Airport as he returned to Canada from vacation. Federal authorities say he had been wrongly listed as an al-Qaida member.



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