Lesbian/Gay Law Notes

Lesbian/Gay Law Notes, a publication of the Lesbian and Gay Law Association of Greater New York, reports on lesbian/gay and AIDS related legal developments. It tracks significant new legislation, reports on new court decisions, administrative rulings, and executive actions, and highlights new publications of interest. In addition, the Lesbian/Gay Law Notes serve as an information exchange about new job openings in the public interest lesbian/gay rights legal field, and relay information about conferences and publication opportunities. Its focus is primarily on U.S. law, but it also reports on developments in other countries.

Lesbian/Gay Law Notes are edited and chiefly written by Professor Arthur Leonard of New York Law School, author of "Sexuality and the Law: An Encyclopedia of Major Legal Cases" (Garland, 1993) and numerous articles on lesbian/gay and AIDS related legal issues, with a staff of volunteer writers consisting of lawyers, law school graduates, and current law students. Lesbian/Gay Law Notes are published monthly. Please click here for Professor Leonard’s full profile.

Professor Leonard has also launched a Blog, which features reporting and commentary on law, music, films, and current events, with a special emphasis on Sexuality & the Law. Also feel free to visit previous posts at LeonardLink. 

Current and Past Issues of Lesbian/Gay Law Notes

• January 2012: 11th Circuit Rules that Termination of Transgender Employee for Gender Non-Conformity Violates the Equal Protection Clause
• February 2012: Minnesota Court of Appeals Revives Same-Sex Marriage Lawsuit
• March 2012: 9th Circuit Rules Prop 8 Unconstitutional
• April 2012: Inter-American Court: American Convention on Human Rights Applies to Sexual Orientation
• May 2012: EEOC: Title VII Covers Gender Identity Discrimination Claims
• June 2012: President Obama Endorses Same-Sex Marriage After NC Anti-Marriage Amendment Vote
• Summer 2012: Challenge to DOMA May Top 2013 SCOTUS Docket
• September 2012: U.S. District Court for Connecticut Declares DOMA Section 3 Unconstitutional
• October 2012: Federal Judge Orders Gender Reassignment for Massachusetts Inmate
• November 2012: 2nd Circuit Applies 'Heightened Scrutiny' to Strike Down DOMA
• December 2012: Elections Produced Major Advances for LGBT Rights, Representation
• January 2013: SCOTUS Takes Some Marriage Cases, but Leaves Itself an Out
• February 2013: 4th Circuit Revives Inmate's Sex Reassignment Surgery Claim
• March 2013: European Court Rules Austria Violated European Convention in Second-Parent Adoption Case

Previous years' Lesbian/Gay Law Notes are available by clicking the appropriate year below. Each year contains a case table, which serves as a quick reference to any case mentioned in that year’s Lesbian/Gay Law Notes.

2011 Lesbian/Gay Law Notes

• December 2011: California Supreme Court Rules Proponents of Proposition 8 May Represent the State in Defending Their Amendment
• November 2011: Federal Court Orders Disclosure of Petition Signers for Anti-Gay Washington State Referendum
• October 2011: 9th Circuit Affirms Status Quo Injuction on Arizona Partner Benefits
• September 2011: DADT Military Policy to End September 20, 2011
• Summer 2011: New York Enacts Marriage Equality
• June 2011: 1st Circuit Finds Transgender Inmate Entitled to Hormone Therapy
• May 2011: Arkansas Supreme Court Strikes Down Adoption/Foster Parent Ban
• April 2011: U.S. Supreme Court Holds First Amendment Shields Westboro Baptist Military Protesters from Tort Liability
• March 2011: Obama Administration Declines to Defend Constitutionality of Section 3 of the Defense of Marriage Act
• February 2011: Ongoing Movement in California's Prop 8 Case
• January 2011: End of "Don't Ask, Don't Tell" Military Policy in Sight

2010 Lesbian/Gay Law Notes

• December 2010: Will the Lame Duck Congress Authorize Repeal of "Don't Ask, Don't Tell"?
• November 2010: European Human Rights Court Rules Against Russia in Gay Rights Case
• October 2010: Log Cabin Republicans Win Constitutional Ruling Against Military Ban
• September 2010: Federal Court Declares California Proposition 8 Unconstitutional; Decision Stayed by 9th Circuit Pending Appeal
• Summer 2010: Argentina Becomes First Latin-American Nation to Legislate in Favor of Marriage for Same-Sex Partners after Iceland Takes the Plunge
• June 2010: New York Court of Appeals Rules in Lesbian Custody and Child Support Disputes
• May 2010: Philippines Supreme Court Unanimously Rules for Gay Rights Party in Election Ballot Dispute
• April 2010: European Court Faults Poland in Gay Tenant Succession Case
• March 2010: Maryland Officials Call for Recognition of Same-Sex Marriages
• February 2010: Supreme Court Solicitous of Opponents of Same-Sex Marriage
• January 2010: Irish Supreme Court Rejects Gay De Facto Families and Authorizes Access to Lesbians' Child for Sperm Donor

2009 Lesbian/Gay Law Notes

• December 2009: New York Court of Appeals Rejects Challenges to Marriage Recognition Decisions
• November 2009: Congress Approves and President Signs First Federal Law Affirmatively to Protect LGBT Individuals
• October 2009: South Carolina Supreme Court Awards Ten Million Dollars to HIV-Positive Teen for Wrongful Cancellation of His Health Insurance
• September 2009: 3rd Circuit Rules That Gay Plaintiffs Can Bring Sexual Stereotyping Claims Under Title VII
• Summer 2009: Gays of India Win Liberation from Archaic Sodomy Law
• June 2009: California Supreme Court Rejects Challenge to Prop 8, But Upholds Existing Same-Sex Marriages
• May 2009: Iowa Supreme Court Unanimously Rules for Marriage Equality
• April 2009: Which Will Be First to Enact Marriage, Vermont or New Hampshire?
• March 2009: Michigan Appeals Court Finds Marriage Amendment Irrelevant to Lesbian Custody Case
• February 2009: 6th Circuit Finds School Has Duty Under Federal Law to Respond to Homophobic Harassment
• January 2009: California Attorney General Proposes New Theory to Invalidate Proposition 8

2008 Lesbian/Gay Law Notes

• December 2008: California Voters Overrule State Supreme Court on Gay Marriage
• November 2008: Connecticut Constitution Requires Equal Marriage Rights
• October 2008: Federal Court Holds That Anti-Transgender Discrimination Is Sex Discrimination in Violation of Title VII
• September 2008: California Supreme Court Rejects Religious Exemption to Gay Rights Law
• Summer 2008: First Circuit Finds That "Don't Ask, Don't Tell" Survives Heightened Scrutiny
• June 2008: California Supreme Court Rules for Same-Sex Marriage, Declares Sexual Orientation a "Suspect Classification"
• May 2008: 7th Circuit Votes in the T-shirt Wars, Allows Teen to Wear Anti-Gay Slogan at School
• April 2008: California Supreme Court Ponders Same-Sex Marriage
• March 2008: 5th Circuit Strikes Texas Sex Toys Distribution Ban As Liberty Violation
• February 2008: European Court Says Human Rights Convention Protects Gay Adoption Rights
• January 2008: Rhode Island Supreme Court Holds Family Court Cannot Divorce Same-Sex Couple Married in Massachusetts

2007 Lesbian/Gay Law Notes

• January 2007: Massachusetts High Court Rejects De Facto Parent Claim
• February 2007: Ontario Appeal Court Says Child Has Two Moms and One Dad
• March 2007: Utah Supreme Court Rejects Lesbian Co-Parent Visitation Claim
• April 2007: Federal Court Strikes Down Child Online Protection Act
• May 2007: LGBT Legislative Blow-out: Bills Pass in Oregon, Iowa, New Hampshire
• June 2007: LGBT Legislative Landslide: Civil Rights and/or Civil Union Laws Signed by Governors in Four States
• Summer 2007: Virginia Supreme Court Sets Age of Consent for Sodomy at 18
• September 2007: Court Strikes Ban on Gay Ex-Con Partners Contacting Each Other While on Probation
• October 2007: Maryland High Court Rejects Same-Sex Marriage Claim
• November 2007: 6th Circuit Voids Federal Statutory Burden on Visual Depictions of Sexual Activity
• December 2007: ENDA Passes the House of Representatives

2006 Lesbian/Gay Law Notes

• 2006 Case Table: A list of citations for all the cases that have been discussed in the newsletter throughout the year.
• January 2006: New York Appellate Division Says No To Marriage
• February 2006: Maryland Trial Court Rules for Same-Sex Marriage
• March 2006: Another N.Y. Appeals Panel Rejects Marriage Bids
• April 2006: Supreme Court Unanimously Upholds Solomon Amendment
• May 2006: Federal Court Rejects Constitutional Challenge to Military Gay Ban
• June 2006: 9th Circuit Abstains From Deciding Same-Sex Marriage Case
• Summer 2006: New York Court of Appeals Rejects Marriage Claim, 4-2
• September 2006: Washington Supreme Court Rules Against Marriage for Same-Sex Couples
• October 2006: Hong Kong Appeals Court Voids Age Differential for Gay Sex
• November 2006: New Jersey High Court Unanimously Finds Same-Sex Couples Entitled to Equal Spousal Rights, But Divides 4-3 Over Marriage
• December 2006: South Africa Embraces Freedom to Marry

2005 Lesbian/Gay Law Notes

• 2005 Case Table: A list of citations for all the cases that have been discussed in the newsletter throughout the year
• January 2005: Supreme Court of Canada Sets Stage for Marriage Litigation But Declines to Answer Constitutional Question
• February 2005: Supreme Court Refuses to Consider Florida Adoption Case
• March 2005: New York Trial Judge Rules for Same-Sex Marriage
• April 2005: San Francisco Court Rules for Same-Sex Marriage
• May 2005: Connecticut Legislates for Civil Unions and Against Same-Sex Marriages
• June 2005: Nebraska Marriage Amendment Held Unconstitutional
• July 2005: Spain Legislates Marriage Parity; Canada Soon to Follow
• September 2005: California Supreme Court Supports Lesbian Co-Parent Rights
• October 2005: Pennsylvania Appeals Court Affirms Custody for Co-Parent Over Biological Mom on Best-Interest Grounds
• November 2005: Kansas Supreme Court Reverses Limon Verdict: Exclusion of Gays from Romeo & Juliet Law Violated Equal Protection
• December 2005: South Africa Constitutional Court Says Same-Sex Couples Can Marry But Delays Remedy For Parliamentary Consideration

2004 Lesbian/Gay Law Notes

• 2004 Case Table: A list of citations for all the cases that have been discussed in the newsletter throughout the year
• January 2004: European Court Lends Further Support to Transsexuals' Struggle for Marriage Rights in Britain
• February 2004: 11th Circuit Rejects Challenge to Florida Gay Adoption Ban
• March 2004: Massachusetts High Court Reaffirms Same-Sex Marriage Rights; Legislature Deadlocks on State Constitutional Amendment
• April 2004: Quebec Appeals Court Opens Civil Marriage to Same-Sex Couples
• May 2004: Maine High Court Holds De Facto Lesbian Parent Can Seek Custody
• June 2004: Same-Sex Couples Marry in Massachusetts
• Summer 2004: 6th Circuit Panel Finds Transsexuals Protected by Title VII and Equal Protection Clause
• September 2004: California High-Court Voids Same-Sex Marriages
• October 2004: Idaho Supreme Court Says Homosexuality No Bar to Child Custody
• November 2004: 6th Circuit Rules Denial of Tenure Did Not Violate Constitution
• December 2004: Voters Approve State Constitutional Bans on Same-Sex Marriage in Eleven States

2003 Lesbian/Gay Law Notes

• January 2003: Supreme Court Grants Review of Texas Sodomy Case; Will Confront Question of Overruling Bowers v. Hardwick
• February 2003: Domestically-Partnered Dad Wins Custody Appeal in Oregon
• March 2003: Maryland Hight Court Recognizes Right of Legal Sex Change
• April 2003: Supreme Court Avoids Same-Sex Harassment Controversy; Rejects Employer's Appeal in MGM Grand v. Rene
• May 2003: 9th Circuit Finds "Established Constitutional Rights" Against Discrimination for Gays
• June 2003: British Columbia High Court Votes For Same-Sex Marriage
• Summer 2003: Supreme Court Invalidates Laws Against Consenual Sodomy; Majority Votes to Overrule Bowers v. Hardwick
• September 2003: California Supreme Court Approves Second-Parent Adoptions
• October 2003: 11th Circuit Dumps Alabama Sodomy Law Challenge on Standing Grounds
• November 2003: Arizona Appeals Court Rejects Same-Sex Marriage Bid
• December 2003: Mass. Hight Court Rules for Same-Sex Marriage; N.J. Superior Court Rules Against

2002 Lesbian/Gay Law Notes

• 2002 Case Table: A list of citations for all the cases that have been discussed in the newsletter throughout the year
• January 2002: 2nd Circuit Upholds Discipline for Religious Public Employees Who Proselytize on the Job
• February 2002: Pennsylvania Supreme Court Allows Co-Parent Visitation Suit
• March 2002: State Chief Justice Seeks to Shield Children from “Evil” Gays
• April 2002: Kansas Supreme Court Denies Inheritance to Transgendered Widow
• May 2002: 10th Circuit Finds Church Leaders Immune From Sexual Harassment Suit by Lesbian Minister
• June 2002: Ohio Supreme Court Overturns Anti-Gay Solicitation Statute
• Summer 2002: Arkansas Supreme Court Rules Sodomy Law Inapplicable to Private, Consensual Sex
• September 2002: European Court of Human Rights Upholds Transsexuals’ Rights to Amended Birth Certificates and Different-Sex Marriages
• October 2002: 9th Circuit Revives Gay Harassment Claim Under Title VII
• November 2002: United Nations Committee Rejects Same-Sex Marriage Bid
• December 2002: Rhode Island Supreme Court Revives Gay Palimony Claim

2001 Lesbian/Gay Law Notes

• 2001 Case Table: A list of citations for all the cases that have been discussed in the newsletter throughout the year
• January 2001: Supreme Court of Canada Protects Lesbian/Gay Bookstore Harassed by Custom Officials
• February 2001: New York Court Awards Child Custody to Gay Dad in Surrogacy Dispute
• March 200: Supreme Court Takes Another Bite Out of the ADA; Decision Also Suggests Limitations on Potential ENDA Jurisdiction
• April 2001: Texas Appeals Court, Ruling En Banc, Revives Same-Sex Sodomy Law
• May 2001: Maryland Enacts Law banning Sexual Orientation Discrimination Delaware Bill Advances As Governors Issue Executive Orders
• June 2001: Kansas Appeals Court Revives Transsexual Marriage Case
• Summer 2001: New York's Highest Court Embraces Disparate Impact Analysis in University Gay Partner Housing Dispute
• September 2001: 9th Circuit Panel Rules Same-Sex Harassment Based on Gender Nonconformity Violates Title VII
• October 2001: San Francisco Partner Benefits Ordinance Survives Appellate Review
• November 2001: California Expands Rights of Domestic Partners
• December 2001: Washington Appeals Court Finds No Child Support Obligation of "Intended" Lesbian Co-Parent

2000 Lesbian/Gay Law Notes

• February 2000: Boy Scouts on High Court Agenda; Supreme Court Will Review New Jersey Supreme Court Decision in Dale
• March 2000: Federal Court Orders School Board To Let Gay/Straight Alliance Meet
• April 2000: Supreme Court Upholds Funding System For University Student Groups
• May 2000: New Jersey Supreme Court Adopts "Psychological Parent" Theory to Recognize Parental Rights of Same-Sex Co-Parents
• June 2000: Florida Appeals Court Rejects Societal Homophobia In Lesbian Custody Case
• Summer 2000: Supreme Court Rules For Boy Scouts In Gay Membership Dispute
• September 2000: Ninth Circuit Awards Asylum To Gay Mexican; Finds Sexuality Immutable
• October 2000: Rhode Island Supreme Court Rules For Lesbian Co-Parent Visitation Rights
• November 2000: Tennessee Appeals Court Approves Adoption Of Young Boy By Lesbian
• December 2000: 3rd Circuit Recognizes Federal Privacy Right For Information About Sexual Orientation

1980–1999 Lesbian/Gay Law Notes

To commemorate its twentieth year, Professor Arthur Leonard of New York Law School edited a compilation of the Lesbian/Gay Law Notes from 1980 through 1999. The compilation does not include every case of significance reported during that time period, but does show the "flavor of the times" and how the Lesbian/Gay Law Notes reported some of the major landmark decisions and other legally significant events. Click here to view the compilation of Lesbian/Gay Law Notes from 1980-2000