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Battle between SC Episcopalians back state court
Court Line | 2013/06/15 01:38

The legal fight between two factions of South Carolina Episcopalians will be decided in state court.

U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts. Houck heard arguments in the dispute last week.

The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church. The break-away churches then sued in state court to protect the use of the name and a half billion dollars' worth of property.

Parishes remaining with the national church then sued in federal court saying the case raised First Amendment and other federal issues.

But Houck disagreed and late Monday sent the case back to state court.


Court Upholds Rifle Sales Reporting Requirement
Court Line | 2013/06/01 18:20

A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.

The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.

But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.

The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.


Court: Iowa must recognize both lesbian parents
Court Line | 2013/05/09 06:14

An Iowa agency's refusal to list both spouses in a lesbian marriage as parents on their children's birth certificates is a violation of their constitutional rights and must stop, the Iowa Supreme Court ruled Friday.

The court, which made history by legalizing gay marriage in 2009, ordered the Iowa Department of Public Health to start listing the names of both female spouses on the birth certificates of their children. The ruling was backed by all six justices who participated.

Iowa had been the only state in the nation that allowed marriage or civil unions for same-sex couples, but refused to list both spouses on birth certificates of their children, according to Camilla Taylor, an attorney for Lambda Legal, a gay rights group involved in the case.

Justice David Wiggins said the state government "has been unable to identify a constitutionally adequate justification" for treating lesbian parents differently than parents of opposite sex. He said the only explanation for doing so was "stereotype or prejudice" that violated their rights to be treated equally under the Iowa Constitution.


Former Chicago Bear pleads guilty to tax charges
Court Line | 2013/03/11 22:18

Former Chicago Bears player Chris Zorich pleaded guilty Thursday to federal tax charges, admitting to the judge that he didn't file "in a timely fashion."

The 43-year-old faced four misdemeanor counts of not filing federal income tax returns from 2006 to 2009. Over that time, he allegedly made more than $1 million, including income from a charity he founded.

The judge asked Zorich if he knew he was wrong not to file the returns.

"Yes, your honor," Zorich said, wearing a black suit and tie.

His attorney previously said Zorich was looking forward to putting the case behind him.

The Chicago native was on the 1988 Notre Dame team that won a national championship. He played for the Bears from 1991 to 1996 and ended his career with the Washington Redskins in 1997.


San Francisco nudity ban upheld in federal court
Court Line | 2013/01/22 22:28

A federal judge cleared the way Tuesday for the city of San Francisco to ban most displays of public nudity, ruling that an ordinance set to take effect on Feb. 1 does not violate the free speech rights of residents and visitors who like going out in the buff.

U.S. District Court Judge Edward Chen refused to block the ban temporarily or to allow a lawsuit challenging it to proceed.

"In spite of what plaintiffs argue, nudity in and of itself is not inherently expressive," Chen wrote in an 18-page opinion.

The San Francisco Board of Supervisors voted 7-4 last month to prohibit residents and visitors over age 5 from exposing their genitals on public streets, in parks or plazas or while using public transit.

The measure was introduced in response to a group of nudists that regularly gathers in the city's predominantly gay Castro District. The threat of seeing outlawed a right that many people associate with free-spirited San Francisco prompted public protests and disrobing at supervisors meetings.

The activists who challenged the measure in court also had argued that the ordinance was unfair because it grants exceptions for public nudity at permitted public events such as the city's gay pride parade and the annual Bay-to-Breakers foot race.


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