Monday, June 28, 2010

United States Supreme Court Rules Student Christian Group Cannot Discriminate Against Gays, San Francisco Castro Shooting Not Hate Crime, Gay Couple Violently Attacked In Londonderry, Esera Tuaolo Domestic Assault Arrest

Monday, the last day of the 2009/2010 United States Supreme Court session, an historic, albeit incremental victory for gay rights, the Court ruling that the University of California Hastings College of the Law can legally deny recognition to the Christian Legal Society student society. On a 5-4 vote, the Supreme Court upheld a lower court ruling that the Christian group’s First Amendment rights of association, free speech, and free exercise were not violated by the college’s non-discrimination policy. Hastings College refused funding and formal recognition of the CLS because the group, which has chapters on campuses throughout the United States, requires voting members sign a statement of faith and considers “unrepentant participation in or advocacy of a sexually immoral lifestyle” as being inconsistent with that faith. Hastings has a policy that prohibits exclusion from any campus group because of either a religious belief or sexual orientation. Justice Ruth Bader Ginsberg, who wrote the majority opinion said “In requiring CLS – in common with all other student organizations – to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations. CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings policy.” Justice Samuel Aliton, who wrote a strong dissent for the conservatives of the court, said that the opinion was “a serious setback for freedom of expression in this country” and that “our proudest boast of free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.’ Today’s decision rests on a very different principle: no freedom for expression that offends prevailing standards of political correctness in our country’s institution of higher learning.”

San Francisco police say that a shooting Saturday at the corner of Castro and Market Streets during the city’s Pink Saturday pride celebrations was not a hate crime, but rather the result of a personal dispute. Police say that the shooter, a 19 year old male held in custody, knew at least one of the three victims. One of the victims, 19 year old Stephen Powell, was pronounced dead on arrival at hospital Saturday. The other two victims, a 19 year old woman and 29 year old man, remain in hospital, but are expected to make a full recovery.

A gay couple were brutally attacked Saturday morning in Londonderry, the two, 22 and 38 years old, beaten by three men. Police are investigating the assault as a homophobic attack. Police added there is an increase in bias motivated attacks in the area, 17 more racist-based incidents than last year and 2 more attacks based on perceived sexual orientation.

Esera Tuaolo, the former Minnesota Vikings defensive tackle who came out in 2002 after retiring, was arrested Friday, and charged with domestic assault, assault, and disorderly conduct. The 41 year old was booked, and released on a $2,000 bail Monday. The judge issued Tuaolo a domestic abuse-related no-contact order with the victim, whose identity has not been revealed. A hearing is scheduled for August.

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