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Challenge filed in court to Australian gay marriage ballot
U.S. Court News |
2017/08/06 23:55
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Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.
The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.
Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.
"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.
Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.
"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.
Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.
Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."
"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.
Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."
Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians. |
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Kentucky judge announces bid for state Supreme Court
U.S. Court News |
2017/08/05 11:02
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A circuit court judge in Kentucky says he will run for an open seat on the state Supreme Court.
Judge David Tapp will run for the 3rd Supreme Court District that spans 27 counties in south-central Kentucky. Justice Daniel Venters holds the seat now and says he will not seek re-election.
Tapp has been a circuit court judge for Pulaski, Rockcastle and Lincoln counties since 2005. He has received national attention for his drug court program, which relies on medically assisted treatment for some addicts. In May, U.S. Sen. Mitch McConnell appointed Tapp to a national juvenile justice advisory board.
Kentucky judicial races are nonpartisan, and their political affiliations do not appear on the ballot. |
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Myanmar court grants bail for editor in defamation case
U.S. Court News |
2017/08/05 11:02
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A court in Myanmar granted bail Friday to a newspaper editor who is being tried under a controversial defamation statute in a telecommunications law.
Kyaw Min Swe, chief editor of The Voice Daily, was arrested in June for publishing online a satirical article that allegedly mocked the efforts of the military to reach a peace agreement with ethnic minority groups.
His previous requests for bail had been rejected, but during his ninth appearance in court, the judge granted his release on bail of 10 million kyats ($7,000).
He was charged under Article 66(D) of the Telecommunications Law, which broadly defines defamation and carries a penalty of up to three years' imprisonment.
Rights groups decry the article as a restriction on freedom of expression, but the country's parliament this week turned down a bid to drop the article and decriminalize the offense.
One of the newspaper's columnists, Kyaw Zwa Naing, was also arrested on June 2 under Article 66(D), but the charge against him was dropped last month.
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Court: FAA must reconsider regulating airline seat size
U.S. Court News |
2017/07/30 11:03
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An appeals court panel said Friday that federal officials must reconsider their decision not to regulate the size of airline seats as a safety issue.
One of the judges called it “the Case of the Incredible Shrinking Airline Seat.”
The Flyers Rights passenger group challenged the Federal Aviation Administration in court after the agency rejected its request to write rules governing seat size and the distance between rows of seats.
On Friday, a three-judge panel for the federal appeals court in Washington said the FAA had relied on outdated or irrelevant tests and studies before deciding that seat spacing was a matter of comfort, not safety.
The judges sent the issue back to the FAA. They said the agency must come up with a better-reasoned response to the group’s safety concerns.
“We applaud the court’s decision, and the path to larger seats has suddenly become a bit wider,” said Kendall Creighton, a spokeswoman for Flyers Rights.
The passenger group says small seats that are bunched too close together slow down emergency evacuations and raise the danger of travelers developing vein clots.
FAA spokesman Ian Gregor said the agency was considering the ruling and its next steps. He said the FAA considers the spacing between seat rows when testing to make sure that airliners can be evacuated safely.
The airline industry has long opposed the regulation of seat size. Its main U.S. trade group, Airlines for America, declined to comment on the ruling.
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