Author Archives: Tony Infanti

‘Tis the season…

…for LGBT state employees to find out how (in)secure their jobs are for the next four years. Most states still do not have nondiscrimination legislation in place that protects their LGBT citizens from being fired because of their sexual orientation … Continue reading

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Posted in Academia | 1 Comment

The Cost of Equality

The New York Times web site today includes an article highlighting some of the costs associated with same-sex couples’ recent victory in their fight for marriage equality under the federal tax laws. The article is interesting but misses the larger context—because … Continue reading

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Posted in Academia | 1 Comment

Virginia Is for Haters: College Edition

The Attorney General of Virginia has sent a letter to the state’s public colleges and universities opining that the addition of “sexual orientation” or “gender identity” to their nondiscrimination policies is invalid and advising them to “take appropriate actions” to … Continue reading

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HUD to Study LGBT Housing Discrimination

The Washington Post is reporting that the Department of Housing and Urban Development is going to undertake a national study of LGBT housing discrimination. The federal Fair Housing Act does not currently prohibit sexual orientation and gender identity discrimination; however, … Continue reading

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Is Saying “I’m Gay” Offensive?

A gay Oklahoma college student’s application for a vanity license plate that reads “IM GAY” was rejected by the Oklahoma Tax Commission last year, and that rejection was upheld by three tax commissioners after an administrative hearing. The student, Keith … Continue reading

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Louisiana Ordered to Issue Birth Certificate Naming Same-Sex Couple as Parents

Yesterday, the Fifth Circuit issued its decision in Adar v. Smith. This case concerns Louisiana’s refusal to issue an amended birth certificate to an out-of-state same-sex couple who adopted a child born in Louisiana. The State of Louisiana had lost … Continue reading

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Posted in LGBT Rights | 1 Comment

Olympic Pride House

Check out this video over at the New York Times. It’s both uplifting and a bit depressing, especially at the very end. -Tony Infanti

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Why is this newsworthy?

A recent column in the San Francisco Chronicle begins with this paragraph: The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. … Continue reading

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Posted in LGBT Rights | 1 Comment

Promoting Intolerance in Schools

The Washington Post reported the other day on a flier that was recently sent home with many high school students’ report cards in Montgomery County, Maryland: Some Montgomery County high schools passed out fliers this week from an organization that … Continue reading

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Sex Reassignment Surgery Is Tax Deductible

The Tax Court has finally issued a long-awaited opinion in O’Donnabhain v. Commissioner (here).  The majority concluded that O’Donnabhain’s hormone therapy and sex reassignment surgery constituted deductible medical expenses, but denied a deduction for the her breast augmentation surgery due to … Continue reading

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Posted in LGBT Rights | 5 Comments

“Grossing Up” Domestic Partner Benefits

Inside Higher Ed is  reporting that Syracuse University has plans to be the first academic employer (and one of only a handful of employers more generally) to gross up its lesbian and gay employees’ pay to cover a portion of … Continue reading

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Huge LGBT Family Law Victory in PA

When a lesbian or gay man ended a straight relationship in Pennsylvania, the case law regarding the award of custody of any children of the relationship had for decades been overtly hostile to the lesbian or gay man. In Constant … Continue reading

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Posted in LGBT Rights | 1 Comment

Decentralizing Family

Given the ongoing Prop. 8 trial and the debate over same-sex marriage, I thought it would be timely to draw your attention to a paper that I posted on SSRN last fall. The paper is titled “Decentralizing Family: An Inclusive … Continue reading

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Posted in Academia, Feminism and Families, Feminism and Law, LGBT Rights | 1 Comment

The Closeted Prop. 8 Trial

For an interesting observation and an even more interesting back story on the Supreme Court’s 5-4 decision not to allow the Prop. 8 trial to be broadcast, see Linda Greenhouse’s post on the Opinionator blog over at the New York … Continue reading

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Transforming Marriage

In a cross-posting yesterday, Katherine Franke raised the question of whether same-sex marriage will really help to dismantle stereotypes and transform marriage. For years now, I have counted myself in the camp that answers this question yes. My answer to … Continue reading

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Attention LGBT Law Student Groups!

The National LGBT Bar Association is looking for LGBT law student groups that are interested in signing on to its amicus brief in Christian Legal Society Chapter v. Martinez, which is the case coming before the U.S. Supreme Court regarding … Continue reading

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Posted in LGBT Rights | 1 Comment

New List Serve on LGBT Issues at Religiously Affiliated Law Schools

I received this message in an e-mail from the Society of American Law Teachers (SALT) this morning: SALT Launches List Serve on LGBT Issues at Religiously-Affiliated Law Schools SALT member and Seton Hall University law professor Marc Poirier announces Constellation! … Continue reading

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Traditional Marriage Through the Ages

Click here for Ann Telnaes’s animated take on the subject over at the Washington Post. -Tony Infanti

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Posted in Feminism and Families, LGBT Rights | Comments Off

Broadcasting the Prop. 8 Trial

The federal trial regarding the constitutionality of California’s Proposition 8 is set to begin tomorrow. The district court judge who will be presiding over the trial has decided to have the trial broadcast live at several other federal courthouses and … Continue reading

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Feminist Theory Meets Empirical Research on Surrogate Mothers

The topic of surrogacy seems to elicit strong and sometimes conflicted reactions. In particular, it has been the subject of some less than favorable discussion in posts on this blog (see here and here, both cross-posts from other blogs) and … Continue reading

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Posted in Feminism and Families, Feminism and Science, Reproductive Rights | 1 Comment

No Same-Sex Marriage in New Jersey

The New Jersey Senate just voted down a bill that would have extended the right to marry to same-sex couples. The vote was 20 against and 14 in favor of the bill, with several of the forty senators apparently choosing … Continue reading

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Posted in LGBT Rights | 1 Comment

There is an iPhone app for everything

For the socially conscious LGBT shopper, the Human Rights Campaign has now released its “Buy4Equality” app for the iPhone. Before you buy a company’s product, you can now check how the company fares on HRC’s corporate equality index. Companies are … Continue reading

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Juxtaposed Parenting Decisions

Last week, the highest courts of Montana and Missouri issued rather different decisions in the ongoing debate over LGBT parenting. The Montana Supreme Court held that the partner of an adoptive mother of two children was entitled to parental rights … Continue reading

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Posted in LGBT Rights | 3 Comments

Marriageable Age in New Hampshire

With so much focus on the bill protecting religious liberty, it seems that little attention has been paid to the actual bill  extending the right to marry to same-sex couples in New Hampshire. That bill enshrines differing marriageable ages for … Continue reading

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Another installment of you can’t make this stuff up: College edition

For nearly a decade, Westmoreland County Community College, which is located outside of Pittsburgh, PA, has included “sexual orientation” and “union membership” among the list of specifically protected characteristics in published statements concerning its nondiscrimination policy. Naturally, the college’s lesbian, … Continue reading

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Posted in Academia, LGBT Rights | Comments Off

Maine Legalizes Same-Sex Marriage

Today, Maine’s governor signed into law a bill extending the right to marry to same-sex couples. (From a quick look at the Maine Constitution, art. IV, pt. 3, § 16, it appears that the law will not go into effect … Continue reading

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License to Discriminate

In an earlier post, I blogged about a California Court of Appeals decision that held that a religious high school was not a “business establishment” and, therefore, not subject to the state’s nondiscrimination law. In effect, this allowed the high … Continue reading

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Day of Silence

Tomorrow is the 13th annual Day of Silence, a day when students remain silent to draw attention to anti-LGBT name-calling, bullying, and harassment in schools. There was a highly disturbing story in the Pittsburgh Post-Gazette today in advance of the … Continue reading

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Washington to Upgrade Its Domestic Partnerships

The Washington House of Representatives passed a bill yesterday that will afford registered domestic partners all of the rights and obligations afforded to married couples. The bill passed the state’s Senate earlier this year, and the governor has indicated that … Continue reading

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New York Behind the Curve on LGBT Rights

New Yorkers have apparently been engaging in self-flagellation following the Iowa Supreme Court’s decision to extend the right to marry to same-sex couples, putting “flyover” country ahead of New York in the vanguard of advancing LGBT rights. Now a Democratic … Continue reading

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Call for Papers: Critical Perspectives on Taxation

Bridget and I just received this call for papers. The call presents a nice opportunity to contribute to the discussion about the intersection between tax and social justice. At the same time, it highlights the international composition of the critical … Continue reading

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Vermont Legalizes Same-Sex Marriage

News flash: The Vermont legislature today overrode Governor Douglas’s veto by a wide margin in the state senate and with just enough votes in the state house. This now makes Vermont the fourth state to recognize same-sex marriages (joining Massachusetts, … Continue reading

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Posted in LGBT Rights | 1 Comment

Religion and Same-Sex Marriage

Aside from the unanimity of the opinion, for me, the most interesting part of the Iowa Supreme Court’s decision in Varnum v. Brien yesterday is its forthright discussion of religious opposition to same-sex marriage and the role that it plays … Continue reading

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Posted in LGBT Rights | 4 Comments

Sweden Legalizes Same-Sex Marriage

By a wide margin, Sweden legalized same-sex marriage today. Gender neutral marriage licenses will be issued beginning May 1. Sweden is now added to a list of countries recognizing same-sex marriages that includes the Netherlands, Norway, Belgium, Canada, Spain, and … Continue reading

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Posted in LGBT Rights | 2 Comments

Bad News on Legal Recognition of Same-Sex Relationships

Bad news on two fronts in the battle for legal recognition of same-sex relationships today. First, a bill that would allow same-sex couples in Hawaii to enter into civil unions died in that state’s senate. Second, the governor of Vermont … Continue reading

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Lambda Legal Internship Opportunity

Intern in Education & Public Affairs at Lambda Legal 120 Wall Street, National Headquarters, New York Lambda Legal’s Education and Public Affairs Department seeks college and high school students for Summer 2009 semester internships in our New York City national … Continue reading

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Debunking the Myth of LGBT Affluence

UCLA’s Williams Institute came out with a new study of poverty among the lesbian, gay, and bisexual community this past Friday. Notwithstanding the general perception of lesbians, gays, and bisexuals as an affluent minority group–a perception that, it is worth … Continue reading

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Arkansas Adoption Ban Case Survives Motion to Dismiss

The ACLU’s challenge to the ban on adoption and foster parenting by cohabiting unmarried couples, which was approved by Arkansas voters last November, survived a motion to dismiss this week. As with similar bans in Alabama, Mississippi, Utah, and North … Continue reading

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LGBT Rights as Human Rights

With all of the focus on the AIG bonuses, an important bit of news might have escaped attention today. The Obama administration once again has broken with the Bush administration. This time, by signing on to the UN Statement on … Continue reading

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Prop. 8 Oral Argument

The oral argument for the Prop. 8 lawsuit before the California Supreme Court is set for tomorrow morning at 9 a.m. (Pacific Time). For those interested in watching the arguments, they will be webcast live here. They are apparently expecting … Continue reading

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LGBT Nondiscrimination Bill Introduced in Pennsylvania

Today, House Bill 300 was introduced in the Pennsylvania legislature. It would add “sexual orientation” and “gender identity” to the Pennsylvania Human Relations Act. I have reproduced below the press release from the Value All Families Coalition about the bill: … Continue reading

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Challenging the Constitutionality of DOMA

Gay and Lesbian Advocates and Defenders (GLAD) filed a lawsuit today challenging the constitutionality of a portion of the federal Defense of Marriage Act (DOMA). The suit challenges only the provision in DOMA that denies recognition to same-sex marriages for … Continue reading

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Posted in LGBT Rights | 1 Comment

Sarah Palin’s Per Diems

Things have been so busy that I haven’t had much time to post recently. Nonetheless, during the presidential campaign I posted about the tax consequences of Sarah Palin’s per diems, and that post was picked up by the New York … Continue reading

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Oral Argument Set for Prop. 8 Suit

The California Supreme Court has now set the date for oral arguments in Strauss v. Horton, which is the suit concerning the validity of Prop. 8. Argument will be held on the morning of March 5. The court further indicated … Continue reading

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The Gender Wage Gap: Strategies for the Future

February 20, 2009 University of Pittsburgh School of Law   Why do women still earn so much less than men? Why is the gender wage gap significantly worse in Pittsburgh and Southwestern Pennsylvania? What new legal and policy strategies might … Continue reading

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GO STEELERS!

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Posted in Academia | 1 Comment

License to Discriminate

In a “narrow” ruling that is really quite expansive in scope, the California Court of Appeal for the 4th District ruled last week that a private religious high school was not covered by the state’s public accommodation law. As a … Continue reading

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Gay Rights Setback in Utah

In an earlier post  following the November election, I noted how a Utah LGBT rights organization saw the potential for a silver lining in the LDS church’s support for Prop. 8. The organization, Equality Utah, planned a multipronged legislative agenda … Continue reading

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Posted in LGBT Rights | 1 Comment

Prop. 8 Donors Cannot Hide

In a blow to hypocrisy, a federal judge has rejected the attempt by Prop. 8 supporters to shield the names of those who donated in support of the measure from release to the public. I refer to this as a … Continue reading

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Interactive Map of pro-Prop. 8 Donors

Following up on Ann’s post from yesterday, I came across this story on advocate.com that provides a link to an interactive map of the pro-Prop. 8 donors. If you take the map out far enough, you can see the non-California … Continue reading

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