Courts & Law

Posted by AzBlueMeanie:

The United States District Court for the Western District of Texas today issued an opinion striking down two key parts of an abortion restriction that Texas passed earlier this year. Sarah Kliff writes at Wonkblog, Wendy Davis couldn’t stop a Texas abortion law. But a federal court just did.

The decision halts two key provisions of House Bill 2: A requirement
that abortion providers have admitting privileges at a local hospital
and another barring medical abortions.

"The admitting privileges provision of House Bill 2 does not bear a
rational relationship to the legitimate right of the State in preserving
and promoting fetal life or a woman's health and, in any event, places a
substantial obstacle in the path of a woman seeking an abortion of a
nonviable fetus and is thus an undue burden to her," U.S. District Judge
Lee Yeakel wrote in the opinion.

On the medical abortion ban, he wrote, "Although the medication
abortion provisions do not generally place an undue burden on a woman
seeking an abortion, they do if they ban a medication abortion where a
physician determines, in appropriate medical judgment, such a procedure
is necessary for the preservation of the life or health of the mother."

This is a big deal for the 12 Texas abortion providers that filed
suit against the restrictions, which were set to take effect on Oct. 29.

Posted by AzBlueMeanie:

I know that "Birthers" think Hawaii is some exotic foreign country rather than the 50th state, and the American media tends to disregard news from Hawaii because its time zone does not coincide with their broadcasts or print deadlines, but there is news happening in Hawaii this week that deserves the media's attention. Here is the Honolulu Star-Advertiser today:

The Special Session of the Hawaii Legislature for SB1 – Hawaii Marriage Equity Act begins today.
Fervent assemblies precede session (subscription required).

The Hawaii Reporter does not require a subscription. Senate Committee on Judiciary and Labor to Hold Hearing on Marriage Equality Bill:

The Senate Committee on Judiciary and Labor will hold a hearing on Senate Bill (SB) 1, Relating to Equal Rights, on Monday, October 28, 2013 at 10:30 a.m. at the State Capitol Auditorium.

The hearing will follow the convening of the Second Special Session of 2013 called by Governor Neil Abercrombie.

“Listening to public input, we’ve strived to strike a balance between
the concerns expressed by both sides of this issue,” said Senator
Clayton Hee, Chair of the Senate Committee on Judiciary and Labor. “We
have also done our best to provide the public with ample opportunity to
review the measure posted online to offer further input. Everyone
wishing to participate may do so by submitting testimony.”

Posted by AzBlueMeanie:

Hawaii Governor Neil Abercrombie has called for a Special Session of the Hawaii Legislature beginning on Monday for SB1 – Hawaii Marriage Equity Act.

State Rep. Richard Lee Fale has posted the following information about the Special Session. October Special Session Update:

My office has received a lot of calls about the special session that
the governor has called, beginning October 28. This communication is
going out to answer questions about how you can be involved in the
scheduled special session. I want to be clear, I do not agree with the
Governor's decision to call a special session. I believe it is a
reckless and forced attempt to push major legislation without ample time
for review and public input. That being said, the constitution allows
the governor to call a special session. Therefore, if you want to have
your voice heard on the same gender marriage issue, you will need to
speak up during this special session.

How to Submit Testimony

If you are interested in submitting testimony on SB1- Hawaii Marriage Equity Act here are some guidelines:

1. Testimony needs to be submitted BEFORE 10:30AM Sunday, Oct 27.
2. Testimony can be submitted to the Senate Judiciary Committee. You will first need to create an account on the www.capitol.hawaii.gov website.
3. Click here to create an account, so that you can submit testimony.
4. Click here for hearing notice instructions and links. Testimony may be submitted by email, fax, or on the Internet.

Committees that will hear Senate Bill 1 (SB1)

Senate Bill 1 – SB1 – Hawaii Marriage Equity Act is scheduled to be
heard by the following committees. You can also express your views on
SB1 by contacting the members of the following committees:

• Senate Committee on Judiciary and Labor
  Clayton Hee, Chair
  Click here for the members of this committee.
• House Judiciary Committee
  Click here for the members of this committee.
• House Finance Committee
  Click here for the members of this committee.