Amicus Briefs Filed by APA in Support of Lesbian, Gay, & Bisexual Concerns


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POLICY & ADVOCACY
Amicus Briefs
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CRIMINALIZATION OF SEXUAL BEHAVIOR

Lawrence v. Texas – 2003

Jegley v. Picado – 2001

Campbell v. Sundquist – 1995

Texas v. Morales – 1992

Kentucky v. Wasson – 1991

Bowers v. Hardwick – 1986

Stover v. State of Georgia – 1986

New York v. Uplinger – 1983

DISCRIMINATION

Hernandez v. Robles – 2005

Shields v. Madigan – 2005

Samuels v. New York State Department of Health – 2005

Andersen v. King County – 2005

Li v. Oregon – 2004

Lewis v. Harris – 2004

Boy Scouts of America, National Capital Area Council v. Pool – 2002

Boy Scouts of America and Monmouth Council Boy Scouts of America v. Dale – 2000

Romer v. Evans –1995

Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati – 1995

GAY, LESBIAN & BISEXUAL PARENTING

Arkansas Department of Human Services v. Howard – 2005

In Re. Adoption of Luke – 2001

Boswell v. Boswell – 1998

DeLong v. DeLong – 1998

Hertzler v. Hertzler – 1994

Bottoms v. Bottoms – 1993

MILITARY DISCRIMINATION

BenShalom v. Marsh – 1989

Watkins v. United States Army – 1988

Arkansas Department of Human Services v. Howard
Brief Filed: 12/05
Court: Arkansas Supreme Court
Issue: Whether the Child Welfare Agency Review Board may bar persons with adult homosexuals living in their households from serving as foster parents.
Year of Decision: pending
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Hernandez v. Robles
Brief Filed: 8/05
Court: New York, Appellate Division, First Department
Issue: Constitutional challenge to New York�s refusal to issue marriage licenses to same-sex couples.
Year of Decision: pending
Summary
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Shields v. Madigan
Brief Filed: 7/05
Court: New York Appellate Division, Second Department
Issue: Constitutional challenge to New York�s refusal to issue marriage licenses to same-sex couples.
Year of Decision: pending
Summary
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Samuels v. New York State Department of Health
Brief Filed: 5/05
Court: New York Appellate Division, Third Department
Issue: Constitutional challenge to New York�s refusal to issue marriage licenses to same-sex couples.
Year of Decision: pending
Summary
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Andersen v. King County
Brief Filed: 2/05
Court: Washington Supreme Court
Issue: A challenge to the constitutionality of Washington's statutes limiting the right to marry to opposite-sex couples.
Year of Decision: pending
Summary
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Li v. Oregon
Brief Filed: 10/04
Court: Supreme Court of the State of Oregon
Year of Decision: 2005 Issue: A challenge to the constitutionality of Oregon's statutes limiting the right to marry to opposite-sex couples.
Summary
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Lewis v. Harris
(Docket No. A-2244-03Td)
Brief Filed: 10/04
Court: Superior Court of New Jersey, Appellate Division
Year of Decision: 2005
Issue: Whether the New Jersey Constitution compels the State to allow same-sex couples to marry.
Summary
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Lawrence v. Texas
(Docket No. 02-102)
Brief Filed: 1/03
Court: Supreme Court of the United States
Year of Decision: 2003
Issue: Whether a Texas statute that makes sodomy between same-sex couples a crime is constitutional.
Summary
Full-Text Amicus Brief (159K)

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Boy Scouts of America, National Capital Area Council v. Pool
(809 A.2d 1192)
Brief Filed: 2/02
Court: DC Court of Appeals
Year of Decision: 2002
Issue: Whether the Boy Scouts of America and the National Capital Area Council engaged in unlawful discriminatory practices by revoking individuals from scout membership because of their sexual orientation.
Summary
Full-Text Amicus Brief (173K)

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Jegley v. Picado
(80 S.W.3d 332)
Brief Filed: 10/01
Court: Arkansas Supreme Court
Year of Decision: 2002
Issue: Whether an Arkansas statute that makes sodomy between same-sex couples a crime is constitutional.
Summary
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In Re. Adoption of Luke
(640 N.W.2d 374)
Brief Filed: 9/01
Court: Nebraska Supreme Court
Year of Decision: 2002
Issue: Whether second parent adoptions must be denied when the co-parents are gay or lesbian.
Summary
Full-Text Amicus Brief (129K)

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Boy Scouts of America and Monmouth Council Boy Scouts of America v. Dale
(Docket No. 99-699)
Brief Filed: 3/00
Court: Supreme Court of the United States
Year of Decision: 2000
Issue: Whether the recent New Jersey Supreme Court's decision finding that the Boy Scouts of America organization is subject to the State's Law Against Discrimination and violated the law in expelling an assistant scoutmaster because he stated publicly that he is gay, infringed the Boy Scouts' First Amendment right to freedom of association.
Summary
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Boswell v. Boswell
Brief Filed: 7/98
Court: Court of Appeals of Maryland
Year of Decision: 1998
Issue: Whether a gay father may be denied overnight visitation with his children and visitations in the presence of his male partner.
Summary
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DeLong v. DeLong
(Case No. 80637 [Sup. Ct. Mo. 1998])
Brief filed: 6/98
Court: Supreme Court of Missouri
Year of Decision: 1998
Issue: Whether a lesbian mother may be denied custody solely on the basis of her sexual orientation rather than on the basis of what is in the best interests of the child.
Summary
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Campbell v. Sundquist
(926 S.W.2d 255)
Brief Filed: 10/95
Court: Tennessee Court of Appeals
Year of Decision: 1996
Issue: Whether a Tennessee "Homosexual Acts" statute prohibiting private sexual activity between consenting adults of the same sex violates the Tennessee Constitution's right to privacy.
Summary
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Romer v. Evans
(517 U.S. 620)
Brief Filed: 6/95
Court: Supreme Court of the United States
Year of Decision: 1996
Issue: Whether an enacted state constitutional amendment prohibiting the State and all local governmental entities from enacting, adopting or enforcing any law or policy protecting lesbians, gay men and bisexuals from discrimination violates the Equal Protection Clause of the Fourteenth Amendment because it burdens the fundamental right of lesbians, gay men and bisexuals to seek such legal protections.
Summary
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Bottoms v. Bottoms
(457 S.E.2d 102, 1997 WL 421218 [on appeal after remand])
Brief Filed: 11/93
Court: Virginia Court of Appeals
Brief Filed: 12/94
Court: Supreme Court of Virginia
Year of Decision: 1995
Issue: Whether a lesbian biological mother could be denied custody of her child on the grounds that her sexual orientation rendered her unfit as a parent.
Summary
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Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati
(128 F.3d 289)
Brief Filed: 12/94
Court: United States Court of Appeal for the Sixth Circuit
Year of Decision: 1995
Issue: Whether an anti-gay rights ballot initiative was constitutional
Summary
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Hertzler v. Hertzler
(908 P.2d 946)
Brief Filed: 12/94
Court: Supreme Court of the State of Wyoming
Year of Decision: 1995
Issue: Whether the "best interests of the child" is served by restricting visitation rights to a minimum level due to a mother's sexual orientation as a lesbian
Summary
Full-Text Amicus Brief

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Texas v. Morales
[826 S.W.2d 201 (Tex. App.); 869 S.W.2d 941 (Tex. S.Ct.)
Brief Filed: 1/92 (Tex. App.); 12/92 (Tex. S.Ct.)]
Court: Texas Court of Appeals; Supreme Court of Texas
Year of Decision: 1994
Issue: Whether the equal protection and due process components of the Texas Constitution prohibit criminalization of consensual homosexual sodomy among adults in private
Summary
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Kentucky v. Wasson
(842 S.W.2d 487)
Brief Filed: 8/91
Court: Supreme Court of Kentucky
Year of Decision: 1992
Issue: Whether Kentucky sodomy laws are constitutional under the Kentucky Constitution
Summary
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BenShalom v. Marsh
(703 F. Supp. 1372)
Brief Filed: 4/89
Court: United States Court of Appeals for the Seventh Circuit
Year of Decision: 1989
Issue: Whether the US Army may constitutionally deny reenlistment to any serviceperson who declares him/herself to have a homosexual orientation
Summary
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Watkins v. United States Army
(875 F.2d 699)
Brief Filed: 8/88
Court: United States Court of Appeals for the Ninth Circuit
Year of Decision: 1989
Issue: Whether US Army regulations requiring the discharge of lesbians and gay men and barring them from reenlisting were unconstitutional
Summary
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Bowers v. Hardwick
(478 U.S. 186)
Brief Filed: 1/86
Court: Supreme Court of the United States
Year of Decision: 1986
Issue: Whether Georgia's sodomy law which outlawed private sexual conduct between consenting adults was constitutional
Summary
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Stover v. State of Georgia
(30 S.E.2d 577)
Brief Filed: 11/86
Court: Supreme Court of Georgia
Year of Decision: 1986
Issue: Whether a state anti-sodomy law criminally prohibiting oral sex was constitutional
Summary
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New York v. Uplinger
(467 U.S. 246)
Brief Filed: 12/83
Court: Supreme Court of the United States
Year of Decision: 1984
Issue: Whether a New York loitering law that prohibited loitering for the purpose of engaging in "deviate" sexual intercourse was unconstitutional
Summary
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