Supreme Court cases a gamble for gay marriage?

If recent marriage-equality court decisions are challenged all the way to the U.S. Supreme Court, there's a good chance the court, in its current incarnation, will not be inclined to deliver a ruling that favors marriage equality, some activists say.

"It's a big risk, big gamble" to take the issue of marriage equality to the Supreme Court now, said Nan Hunter, a Georgetown University law professor.

HRC praises Supreme Court nomination

HRC today hailed President Obama’s selection of United States Solicitor General Elena Kagan as the nominee for the opening on the United States Supreme Court created by the retirement of Justice John Paul Stevens.

“We applaud President Obama for choosing Elena Kagan to become our nation’s next U.S. Supreme Court Justice,” said Joe Solmonese, president of the Human Rights Campaign. “The U.S. Supreme Court decides cases that intimately affect the lives of all Americans. We are confident that Elena Kagan has a demonstrated understanding and commitment to protecting the liberty and equality of all Americans, including LGBT Americans.”

Should Christian groups be able to exclude gays?

The U.S. Supreme Court heard arguments Monday in a case involving a Christian group that sued a public law school in California because the school did not recognize and subsidize it, citing the group's policy to deny membership to gays.

The court's questioning of attorneys on both sides suggest that it is sharply divided over the case, which could clarify whether religion-based groups seeking public funding are able to discriminate against those who do not share their beliefs.

Supreme Court to hear case against Fred Phelps' Westboro Baptist Church

A case involving whether the father of a Marine killed in Iraq has the right to sue the anti-gay Westboro Baptist Church (their URL is GodHatesFags.com, isn't that charming?) for emotional distress for picketing his son's funeral will be heard by the U.S. Supreme Court.

A federal court found in favor of the claims of Albert Snyder, who was awarded a $5 million judgment, but the finding was overturned by a federal appeals court.

I hope Mr. Snyder wins big.

I cannot think of anything more deplorable than picketing a funeral.

HRC launches Supreme Court Nomination website

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today launched a new website designed to help provide key information on the Supreme Court nomination process to the LGBT community. The site outlines the critical need to have a fair-minded judiciary, recognizing that while LGBT Americans currently face discrimination under many state and federal laws, there have been recent gains in the Courts that further LGBT equality. To visit the website, visit: www.hrc.org/EqualityInTheCourts.

“There are many qualities to consider in a judicial nominee, and we believe one of the cornerstones must be a commitment to fundamental rights and equal protection,” said Human Rights Campaign President Joe Solmonese. “It is vital that we have a nominee who will uphold equal rights for all Americans, including LGBT Americans.”

Check out HRC's full criteria after the jump.

Human Rights Campaign’s Criteria For Judges:

Only nominees who possess exceptional intellectual ability, distinguished experience in law, and a temperament that would enable them to make decisions fairly and with an open mind should be confirmed for lifetime appointments to the bench. HRC believes that an assessment of temperament worthy of lifetime appointments should include the following:

--demonstrated commitment to full equality under law for lesbian, gay, bisexual and transgender Americans; individuals living with HIV and AIDS; women; people with disabilities and racial, ethnic, and religious minorities;

--demonstrated commitment to the constitutional right to privacy and individual liberty, including the right of two consenting adults to enter into consensual intimate relationships;

--respect for the constitutional authority of Congress to promote equality and civil rights and provide statutory remedies for discrimination and violence;

--sophisticated understanding of and commitment to the separation of church and state and the protection of those citizens with minority religious views;

--respect for state legislatures' attempts to address discrimination and violence based on sexual orientation, disability, race, ethnicity and other factors through carefully crafted legislation that meets the requirements of the Constitution.



Two openly gay candidates for Supreme Court?

News that President Barack Obama may be considering two openly gay law professors -- Kathleen Sullivan(l) and Pam Karlan(r) -- for a slot on the Supreme Court. Awesome!

Openly gay professor to replace Souter?

The Washington Post, The Wall Street Journal and several law blogs have floated the name of Kathleen Sullivan, a professor at Stanford Law School, as a possible replacement for Justice David Souter, who is expected to retire from the court in June. Sullivan, an out lesbian, is the founder of the Stanford Constitutional Law Center.