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Court hearing gay marriage arguments from 4 states
Court News | 2014/08/06 11:14

A federal appeals court was set to hear arguments Wednesday in six gay marriage fights from four states — Kentucky, Michigan, Ohio and Tennessee - in the biggest such session on the issue so far.

Three judges of the 6th U.S. Circuit Court of Appeals in Cincinnati will consider arguments that pit states' rights and traditional, conservative values against what plaintiffs' attorneys say is a fundamental right to marry under the U.S. Constitution. Large demonstrations are expected outside the courthouse by both opponents and supporters.

Michigan's and Kentucky's cases stem from rulings striking down each state's gay marriage bans. Ohio's case deals only with the state's recognition of out-of-state gay marriages, while Tennessee's is narrowly focused on the rights of three same-sex couples.

Attorneys on both sides in the Michigan and Ohio cases will go first and get a half-hour each to make their cases. Kentucky and Tennessee will follow, with 15 minutes for each side from both states.

A handful of people were at the courthouse Wednesday before it opened to reserve a seat in an overflow room for the hearing, including Frank Colasonti Jr., 61, of Birmingham, Michigan, who said he camped outside the building overnight.

Colasonti said he and his partner of 26 years married this year in Michigan, before a court order halted marriages pending the state's appeal.


German court receives suit against EU bank union
Court News | 2014/07/29 14:28
A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.

The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.

The group behind the complaint says the banking union "has no legal basis in the European treaties."

It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks.


Montana court sends wind farm clash to California
Court News | 2014/07/22 14:16
A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.

The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.

NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.

The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.

SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.

Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month.


German court: chronically ill could grow marijuana
Court News | 2014/07/22 14:16
Some Germans may soon be able to grow their own marijuana to relieve chronic pain after a ruling from a court in Cologne.

The Cologne administrative court ruled Tuesday in favor of three plaintiffs who had sued for the right to grow marijuana for therapeutic purposes, sending the cases back to the government agency responsible for approving medical marijuana products.

The court says the three demonstrated they could not combat their pain any other way and could not afford to purchase medical marijuana, which is permitted in Germany but not usually covered by the country's health insurance system.

The court also stipulated that allowing marijuana cultivation should depend upon a "thorough and individual" examination of each case, and rejected two other claims.


Appeals court: Judge has no place in school grades
Court News | 2014/06/03 13:40
Judges should stay out of school districts' decisions about how to calculate South Carolina students' grades, an appellate court ruled on Friday.

According to a three-judge panel of the state Court of Appeals, a trial judge should have dismissed a student's lawsuit challenging district officials' recalculation of his grade.

When a student transferred to a Greenville County school from out of state, district officials in 2012 calculated his grade-point average and ranked him first in his class for his junior year.

But another student's parents challenged that ranking, saying that the new student's grade-point average was getting the benefit of extra weight given by both schools to honors and advanced placement courses. The district recalculated the GPA, subsequently ranking the new student as sixth in his class.

The new student sued, saying the school district was wrong to recalculate his grades at all. A trial judge agreed and ordered the district to restore his No. 1 ranking.

In their ruling, the appellate judges said courts shouldn't interfere with districts' internal decisions if no obvious misdeeds have been committed.


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