Rep. Workman loves 10th amendment, except when it protects gays from discrimination

Daniel Williams

By DANIEL WILLIAMS | Legislative Queery

HCR 110 by Rep. Paul Workman, R-Travis County, expresses the desire of the Texas Legislature for President Barack Obama to defend the so-called Defense of Marriage Act (DOMA) against court challenges. DOMA was passed in 1996 by Congress. It prohibits the federal government from recognizing same-sex marriage and allows individual states to not recognize same-sex marriages performed in other states.

(HCR stands for “House Concurrent Resolution.” Concurrent resolutions must be passed by both the House and Senate and — in most cases — signed by the governor. They cannot create new laws but are used to express the will of the Legislature and, in some situations, to allow the Legislature to exercise its power. HCR 110 expresses the will of the Legislature for the executive branch of the federal government to take a particular course of action. If passed it would have no binding power over the president.)

—  admin

Israel appoints gay activist as labor court judge

(Dori Spivak) דורי ספיבק

While Israel’s executive branch has become quite conservative, it’s judicial branch always has been very liberal.

This week, LGBT rights activist Dori Spivak was appointed to the national labor court in Tel Aviv, according to the Israeli newspaper Ma’Ariv. While other openly gay judges have been appointed in the past, his appointment is being hailed as the first appointment of someone who has advocated for LGBT rights.

Spivak, a graduate of Harvard, is best known for serving as chairman of the Association for Civil Rights in Israel. In 1997, he won a case in the Supreme Court that allowed Israeli television to air a program about gay teens.

Ma’Ariv, a moderate Israeli newspaper, opens its coverage of the appointment by saying, “The appointment of attorney Dori Spivak as judge to make waves.”

But the concerns the newspaper details have nothing to do with Spivak’s sexual orientation. They worry about his appointment to a court that has ruled in the past that a company doesn’t have a religion so that forbidding work on Sabbath is not relevant. They also voice concern over how he might rule on cases brought by settlers in the West Bank.

“Nevertheless, controversial political views should not disqualify a candidate for judicial office,” the newspaper concludes without mentioning anything about his sexual orientation.

All of Israel’s LGBT rights have been gained through the courts, including pension benefits for same-sex partners of military personnel, recognition of same-sex marriages performed elsewhere and adoption rights.

—  David Taffet