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India's top court recognizes third gender category
Legal World News | 2014/12/11 15:10
India's top court on Tuesday issued a landmark verdict recognizing transgender rights as human rights, saying people can identify themselves as a third gender on official documents.

The Supreme Court directed the federal and state governments to include transgendered people in all welfare programs for the poor, including education, health care and jobs to help them overcome social and economic challenges. Previously, transgendered Indians could only identify themselves as male or female in all official documents.

The decision was praised as giving relief to the estimated 3 million Indians who are transgender.

The court noted that it was the right of every human being to choose their gender while granting rights to those who identify themselves as neither male nor female.

"All documents will now have a third category marked 'transgender.' This verdict has come as a great relief for all of us. Today I am proud to be an Indian," said Laxmi Narayan Tripathi, a transgender activist who, along with a legal agency, had petitioned the court.

The court's decision would apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.

"The spirit of the (Indian) Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender," the court said in its order.

The Supreme Court specified its ruling would only apply to transgender people but not to gays, lesbians or bisexuals. India's LGBT communities have been protesting the court's recent decision to reinstate a colonial-era law banning gay sex, which they say will make them vulnerable to police harassment.

The court also ordered the government to put in place public awareness campaigns to lessen the social stigma against transgender people.


Ginsburg back at home, expected at court next week
Legal World News | 2014/12/11 14:48
Supreme Court Justice Ruth Bader Ginsburg has returned home after undergoing an operation to implant a heart stent to clear a blocked artery and is expected to hear oral arguments on Monday.

Ginsburg, 81, experienced discomfort during exercise with a personal trainer Tuesday and was rushed to MedStar Washington Hospital Center. The stent procedure came after doctors discovered a blockage in her right coronary artery, court spokeswoman Kathy Arberg said.

Stents, a kind of mesh scaffolding, are inserted into about half a million people in the U.S. each year to prop open arteries clogged by years of cholesterol buildup. Doctors guide a narrow tube through a blood vessel in the groin or an arm, inflate a tiny balloon to flatten the blockage and then push the stent into place.

Ginsburg has had a series of health problems, including colorectal cancer in 1999 and pancreatic cancer in 2009. She was hospitalized after a bad reaction to medicine in 2009 and suffered broken ribs in a fall two years ago. Still, the court's oldest justice has not missed any time on the job since joining the high court.

Appointed by President Bill Clinton in 1993, she has rejected suggestions from some liberals that she should step down and give President Barack Obama a chance to name her successor. She leads the court's liberal wing.

Her hospitalization just three weeks after elections handed Republicans control of the Senate raised anew the question of whether Obama would be able to appoint a like-minded replacement if she were to retire.

Ginsburg has repeatedly rebuffed suggestions that it's time to step down. She remains one of the court's fastest writers and has continued to make frequent public appearances around the country.


Grant to help veterans court expand services
Legal World News | 2014/12/11 14:46
A federal grant will help the Tennessee Veterans Treatment Court expand services over the next three years so that it can serve more people in Shelby, Montgomery and Davidson counties.

The court allows service members and veterans who end up in the criminal justice system to choose treatment and recovery programs instead of ending up behind bars.

The Leaf-Chronicle reports the $1.5 million grant will allow the Montgomery County veterans court to increase its capacity from 40 to 78. Much of the Fort Campbell Army post is located in the county.

In all, the grant will allow the program to serve 263 more veterans over a three-year period.

"It's much more than just a way for veterans to avoid a jail sentence," said E. Douglas Varney, Commissioner of the Tennessee Department of Mental Health. "This is a voluntary decision for a service member who's arrested on a non-violent offense to seek help, get into recovery and start receiving the mental health and substance abuse treatment they need."

Officials aim to help veterans find out why they engage in criminal behavior and break the cycle. In addition to assessing, analyzing and treating problems, services including job assistance are available to those who volunteer.


Kansas watches high court justice on gay marriage
Legal World News | 2014/12/11 14:43
Kansas gay-rights advocates are watching the U.S. Supreme Court as they hope same-sex couples can get marriage licenses this week.

U.S. Supreme Court Justice Sonia Sotomayor on Monday temporarily blocked gay marriages in Kansas, but it wasn't clear how long she or the high court would continue to do so.

Sotomayor put on hold a federal judge's injunction preventing the state from enforcing its gay-marriage ban. The lower-court ruling was to take effect at 5 p.m. CST Tuesday.

The judge's injunction came in a lawsuit filed last month by the American Civil Liberties Union. Kansas wants to keep enforcing its ban while the lawsuit is reviewed.

Sotomayor directed the ACLU to respond Tuesday. If the justice reconsiders, gay couples could head to Kansas courthouses Wednesday morning.


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