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Sotomayor’s Decision In Gay Man’s Case Shows Support of LGBT Issues

Fri, Jul 24, 2009 by AKA William

During her confirmation hearing, Sonia Sotomayor said that she would approach the issue of gay marriage with an “open mind.” And more good, if not terribly surprising, news, is that she has already demonstrated at support of LGBT rights:
chair_sonia_sotomayor

. . . in a little noticed 1995 opinion as a U.S. District Court judge in New York, she ruled that government entities cannot discriminate on the basis of sexual orientation unless they have a rational and legitimate reason for doing so, according Jon Davidson, legal director of the gay rights litigation group Lambda Legal.

“It is difficult to predict what this would mean in future cases involving LGBT issues,” Davidson said. “But it does show that she seems to be fair and [does] not automatically defer to government officials who may be discriminating based on sexual orientation.”

The 1995 opinion Davidson referred to, Holmes v. Artuz, . . . involved a discrimination lawsuit filed against the Green Haven Correctional Facility in New York‘s Duchess County. A prisoner at the facility charged that the prison violated his constitutional rights by refusing to allow him to work in a food service job there solely because he was an “overt homosexual.” [Washington Blade]

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