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Brazil's supreme court votes to make homophobia a crime
Law Firm News | 2019/06/14 16:28
Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.

"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.

Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.



Estranged husband, girlfriend in court for missing mom case
Law Firm News | 2019/06/01 23:44
A missing mother of five's estranged husband and his girlfriend are set to make their first court appearances in Connecticut after being charged with evidence tampering and hindering prosecution .

Fotis Dulos and Michelle Troconis are scheduled to be arraigned Monday at Norwalk Superior Court.

Both were arrested Saturday night in connection with the investigation into the May 24 disappearance of 50-year-old Jennifer Dulos in New Canaan. She was last seen dropping off her children at school and is still missing.
Details of the charges have not been released.

Jennifer and Fotis Dulos have been embroiled in a contentious divorce and child custody case for the past two years. It wasn't clear if Dulos and Troconis have criminal court lawyers who could respond to the allegations.


Kenya's Judges Uphold Laws That Criminalize Gay Sex
Law Firm News | 2019/05/27 01:45
Kenya's High Court has chosen to uphold colonial-era laws that criminalize gay sex, dashing the hopes of activists who believed the judges would overturn sections of the penal code as unconstitutional and inspire a sea change across the continent.

Three judges said Friday that the laws in question did not target the LGBTQ community. They were not convinced that people's basic rights had been violated, they said.

"We are not persuaded by the petitioners that the offenses against them are overboard," one of the judges said, according local media.

The case stems from to a petition filed in 2016 by activist Eric Gitari, with the support of organizations serving LGBTQ Kenyans. They argued that two sections of Kenya's penal code violated people's rights: Article 162 penalizes "carnal knowledge ... against the order of nature" with up to 14 years in prison, and Article 165 castigates "indecent practices between males" with the possibility of five years' imprisonment.


High court sides with Crow tribe member in hunting dispute
Law Firm News | 2019/05/20 04:48
The Supreme Court on Monday sided with a member of the Crow tribe who was fined for hunting elk in Wyoming's Bighorn National Forest, giving him a good chance to get a more than $8,000 fine against him overturned.

The case the justices decided 5-4 is a win for Clayvin Herrera and his tribe, which had argued they had hunting rights in the forest.

Herrera's case began in 2014 when he went hunting with family. The group began on the Crow tribe's reservation in southern Montana but crossed into the neighboring Bighorn National Forest in Wyoming, where they killed several elk.

Soon after, a game warden saw photos Herrera posted on a bragging website for hunters, including one of him crouched in the snow behind an elk he shot and another with its antlers balanced on his shoulders. The game warden ultimately identified the area where the photos were taken in the Bighorn National Forrest, and Herrera was cited for killing an elk there during the winter, when it is prohibited.

But Herrera, backed by the federal government, argued that when his tribe gave up land in present-day Montana and Wyoming under an 1868 treaty, the tribe retained the right to hunt on the land, including land that became Wyoming's Bighorn National Forest.

The state of Wyoming had argued that the Crow tribe's hunting rights ceased to exist after Wyoming became a state in 1890 or after Bighorn National Forest was established in 1897. But the Supreme Court disagreed, with Justice Neil Gorsuch joining his four liberal colleagues - justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan - in ruling for Herrera.

The court's four other justices said they would have ruled that a prior case settled that Crow tribe members like Herrera don't have an unrestricted right to hunt and fish in the Bighorn National Forest and are subject to the game laws of Wyoming.


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