vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Defense of Marriage Act
Pedersen v. Office of Personnel Management is a case filed by GLAD in Connecticut on behalf of same - sex couples in Connecticut , Vermont , and New Hampshire , in which GLAD repeats the arguments it made in Gill .
Defense of Marriage Act
On July 31 , 2012 , Judge Vanessa Bryant ruled that `` having considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to Section 3 of DOMA as a legislative scheme , the Court finds that that no conceivable rational basis exists for the provision . The provision therefore violates the equal protection principles incorporated in the Fifth Amendment to the United States Constitution . '' She held that `` laws that classify people based on sexual orientation should be subject to heightened scrutiny by courts '' but determined Section 3 of DOMA `` fails to pass constitutional muster under even the most deferential level of judicial scrutiny . '' The case is currently on appeal to the Second Circuit , and on August 21 , 2012 , Pedersen asked the Supreme Court to review the case before the Second Circuit decides it so it can be heard together with Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services . The Supreme Court denied these petitions on June 27 , 2013 , following its decision in Windsor .
Defense of Marriage Act
In June 2012 , filing an amicus brief in Golinski , two former Republican Attorneys General , Edwin Meese and John Ashcroft , called the DOJ 's decision not to defend DOMA Section 3 `` an unprecedented and ill - advised departure from over two centuries of Executive Branch practice '' and `` an extreme and unprecedented deviation from the historical norm '' .
Defense of Marriage Act
Golinski v. Office of Personnel Management is a challenge to Section 3 of DOMA in federal court based on a judicial employee 's attempt to receive spousal health benefits for her wife . In 2008 , Karen Golinski , a 19 - year employee of the Ninth Circuit Court of Appeals , applied for health benefits for her wife . When the application was denied , she filed a complaint under the Ninth Circuit 's Employment Dispute Resolution Plan . Chief Judge Alex Kozinski , in his administrative capacity , ruled in 2009 that she was entitled to spousal health benefits , but the Office of Personnel Management ( OPM ) announced that it would not comply with the ruling .
Defense of Marriage Act
The Court finds that neither Congress ' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests . Further , after concluding that neither the law nor the record can sustain any of the interests suggested , the Court , having tried on its own , can not conceive of any additional interests that DOMA might further .
Defense of Marriage Act
In 2009 , United States Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt declared DOMA unconstitutional in in re Levenson , an employment dispute resolution tribunal case , where the federal government refused to grant spousal benefits to Tony Sears , the husband of deputy federal public defender Brad Levenson . As an employee of the federal judiciary , Levenson is prohibited from suing his employer in federal court . Rather , employment disputes are handled at employment dispute resolution tribunals in which a federal judge hears the dispute in their capacity as a dispute resolution official .
Defense of Marriage Act
Nickles said , `` If some state wishes to recognize same - sex marriage , they can do so '' . He said the bill would ensure that `` the 49 other states do n't have to and the Federal Government does not have to . '' In opposition to the bill , Colorado Rep. Patricia Schroeder said , `` You ca n't amend the Constitution with a statute . Everybody knows that . This is just stirring the political waters and seeing what hate you can unleash . '' Barr countered that the Full Faith and Credit Clause of the Constitution grants Congress power to determine `` the effect '' of the obligation of each state to grant `` full faith and credit '' to other states ' acts .
Defense of Marriage Act
On April 19 , 2013 , U.S. District Judge Consuelo Marshall ordered that a suit brought in July 2012 by Jane DeLeon , a Philippine citizen , and her spouse , Irma Rodriguez , a U.S. citizen , could proceed as a class action . The plaintiffs , represented by the Center for Human Rights and Constitutional Law , contended that DeLeon was denied a residency waiver because of DOMA Section 3 .
Defense of Marriage Act
Following the end of the U.S. military 's ban on service by open gays and lesbians , `` Do n't ask , do n't tell , '' in September 2011 , Admiral Mike Mullen , Chairman of the Joint Chiefs of Staff , noted that DOMA limited the military 's ability to extend the same benefits to military personnel in same - sex marriages as their peers in opposite - sex marriages received , notably health benefits . Same - sex spouses of military personnel were denied the same access to military bases , legal counseling , and housing allowances provided to different - sex spouses .
Defense of Marriage Act
Tim Coco and Genesio J. Oliveira , a same - sex couple married in Massachusetts in 2005 , successfully challenged this policy and developed a model since followed by other immigration activists . The U.S. refused to recognize their marriage , and in 2007 Oliveira , a Brazilian national , accepted `` voluntary departure '' and returned to Brazil . They conducted a national press campaign A Boston Globe editorial commented , `` Great strides toward equality for gays have been made in this country , but the woeful fate of Tim Coco and Genesio Oliveira shows that thousands of same - sex couples , even in Massachusetts , still are n't really full citizens . '' The editorial gained the attention of Senator John F. Kerry , who first lobbied Attorney General Eric Holder without success . He then gained the support of Homeland Security Secretary Janet Napolitano , who granted Oliveira humanitarian parole , enabling the couple to reunite in the U.S. in June 2010 . Humanitarian parole is granted on a case - by - case basis at the Secretary 's discretion .
Defense of Marriage Act
Our straightforward legal analysis sidesteps the fair point that same - sex marriage is unknown to history and tradition , but law ( federal or state ) is not concerned with holy matrimony . Government deals with marriage as a civil status -- however fundamental -- and New York has elected to extend that status to same - sex couples .
Defense of Marriage Act
A spokesman for House Speaker Boehner said BLAG would not appeal the ruling , On July 7 , 2011 , the DOJ announced that after consultation with BLAG it would no longer raise objections to `` bankruptcy petitions filed jointly by same - sex couples who are married under state law '' . Immigration
Defense of Marriage Act
On October 13 , 2011 , Carmen Cardona , a U.S. Navy veteran , filed a lawsuit in the United States Court of Appeals for Veterans Claims seeking disability benefits for her wife that the Veterans Administration and the Board of Veterans Appeals had denied . Cardona is represented by the Yale Law School Legal Services Clinic . At the request of BLAG , which is defending the government 's action , and over Cardona 's objections , the court postponed oral argument in Cardona v. Shinseki pending the Supreme Court 's disposition of writs of certiorari in other DOMA cases .
Defense of Marriage Act
In 2013 , Mike McCurry , the White House press secretary at the time , recalled that Clinton 's `` posture was quite frankly driven by the political realities of an election year in 1996 . '' James Hormel , who was appointed by Clinton as the first openly gay U.S. Ambassador , described the reaction from the gay community to Clinton signing DOMA as shock and anger . On Hormel 's account , Clinton had been the first President to advocate gay rights , push for AIDS funding , support gay and lesbian civil rights legislation , and appoint open LGBT people to his Administration . Thus his signing of DOMA was viewed by much of the community as a great betrayal .
Fundamental rights in India
The court repealed section 309 of the Indian penal code , under which people attempting suicide could face prosecution and prison terms of up to one year . In 1996 however another Supreme Court ruling nullified the earlier one . ) `` Personal liberty '' includes all the freedoms which are not included in Article 19 ( that is , the six freedoms ) . The right to travel abroad is also covered under `` personal liberty '' in Article 21 . In 2002 , through the 86th Amendment Act , Article 21 ( A ) was incorporated . It made the right to primary education part of the right to freedom , stating that the State would provide free and compulsory education to children from six to fourteen years of age . Six years after an amendment was made in the Indian Constitution , the union cabinet cleared the Right to Education Bill in 2008 . Rights of a person arrested under ordinary circumstances is laid down in the right to life and personal liberty . No one can be arrested without being told the grounds for his arrest . If arrested , the person has the right to defend himself by a lawyer of his choice . Also an arrested citizen has to be brought before the nearest magistrate within 24 hours . The rights of a person arrested under ordinary circumstances are not available to an enemy alien . They are also not available to persons detained under the Preventive Detention Act . Under preventive detention , the government can imprison a person for a maximum of three months . It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and integrity of the nation , it can detain or arrest that person to prevent him from doing this possible harm . After three months such a case is brought before an advisory board for review .
Jumping the broom
A decade later , the Marriage Act 1836 , which introduced civil marriage , was contemptuously referred to as the ' Broomstick Marriage Act ' by those who felt that a marriage outside the Anglican church did not deserve legal recognition . Some also began to use the phrase to refer to non-marital unions : a man interviewed in Mayhew 's London Labour and the London Poor admitted : `` I never had a wife , but I have had two or three broomstick matches , though they never turned out happy . ''
Bill of Rights 1689
On 21 July 1995 a libel case brought by Neil Hamilton ( then a member of parliament ) against The Guardian was stopped after Justice May ruled that the Bill of Rights ' prohibition on the courts ' ability to question parliamentary proceedings would prevent The Guardian from obtaining a fair hearing . Section 13 of the Defamation Act 1996 , was subsequently enacted to permit MPs to waive their parliamentary privilege and thus cite their own speeches if relevant to litigation .
Defense of Marriage Act
Under DOMA , persons in same - sex marriages were not considered married for immigration purposes . U.S. citizens and permanent residents in same - sex marriages could not petition for their spouses , nor could they be accompanied by their spouses into the U.S. on the basis of a family or employment - based visa . A non-citizen in such a marriage could not use it as the basis for obtaining a waiver or relief from removal from the U.S.
Defense of Marriage Act
On April 18 , 2011 , House leaders announced the selection of former United States Solicitor General Paul Clement to represent BLAG . Clement , without opposition from other parties to the case , filed a motion to be allowed to intervene in the suit `` for the limited purpose of defending the constitutionality of Section III '' of DOMA . On April 25 , 2011 , King & Spalding , the law firm through which Clement was handling the case , announced it was dropping the case . On the same day , Clement resigned from King & Spalding in protest and joined Bancroft PLLC , which took on the case . The House 's initial contract with Clement capped legal fees at $500,000 , but on September 30 a revised contract raised the cap to $1.5 million . A spokesman for Boehner explained that BLAG would not appeal in all cases , citing bankruptcy cases that are `` unlikely to provide the path to the Supreme Court ... ( E ) ffectively defending ( DOMA ) does not require the House to intervene in every case , especially when doing so would be prohibitively expensive . ''
Freedom of speech by country
United Kingdom citizens have a negative right to freedom of expression under the common law . In 1998 , the United Kingdom incorporated the European Convention , and the guarantee of freedom of expression it contains in Article 10 , into its domestic law under the Human Rights Act . However , there is a broad sweep of exceptions including threatening , abusive or insulting words or behavior intending or likely to cause harassment , alarm or distress or cause a breach of the peace ( which has been used to prohibit racist speech targeted at individuals ) , sending any article which is indecent or grossly offensive with an intent to cause distress or anxiety ( which has been used to prohibit speech of a racist or anti-religious nature ) , incitement , incitement to racial hatred , incitement to religious hatred , incitement to terrorism including encouragement of terrorism and dissemination of terrorist publications , glorifying terrorism , collection or possession of a document or record containing information likely to be of use to a terrorist , treason including advocating for the abolition of the monarchy ( which can not be successfully prosecuted ) or compassing or imagining the death of the monarch , sedition ( no longer illegal , sedition and seditious libel ( as common law offences ) were abolished by section 73 of the Coroners and Justice Act 2009 ( with effect on 12 January 2010 ) ) , obscenity , indecency including corruption of public morals and outraging public decency , defamation , prior restraint , restrictions on court reporting including names of victims and evidence and prejudicing or interfering with court proceedings , prohibition of post-trial interviews with jurors , scandalising the court by criticising or murmuring judges , time , manner , and place restrictions , harassment , privileged communications , trade secrets , classified material , copyright , patents , military conduct , and limitations on commercial speech such as advertising .
Defense of Marriage Act
Immigration rights advocate Lavi Soloway reported on June 19 , 2012 , that the Board of Immigration Appeals ( BIA ) had in four cases responded to green card denials on the part of the U.S. Citizenship and Immigration Services ( USCIS ) by asking the USCIS to document the marital status of the same - sex couples and determine whether the foreign national would qualify for a green card in the absence of DOMA Section 3 . He said the BIA is `` essentially setting the stage for being able to approve the petitions in a post-DOMA universe . ''
Apartheid
The NP passed a string of legislation that became known as petty apartheid . The first of these was the Prohibition of Mixed Marriages Act 55 of 1949 , prohibiting marriage between whites and people of other races . The Immorality Amendment Act 21 of 1950 ( as amended in 1957 by Act 23 ) forbade `` unlawful racial intercourse '' and `` any immoral or indecent act '' between a white and a black , Indian or Coloured person .
Defense of Marriage Act
Although individual members of Congress have every right to express their views and the views of their constituents with respect to their religious beliefs and principles and their personal standards of who may marry whom , this court can not conclude that Congress is entitled to solemnize such views in the laws of this nation in disregard of the views , legal status and living arrangements of a significant segment of our citizenry that includes the Debtors in this case . To do so violates the Debtors ' right to equal protection of those laws embodied in the due process clause of the Fifth Amendment . This court can not conclude from the evidence or the record in this case that any valid governmental interest is advanced by DOMA as applied to the Debtors .
Fundamental rights in India
Articles 31A and Article 31B are added by First constitutional amendment in 1951 . Article 31B says that any acts and regulations included in the Ninth Schedule of the constitution by the Parliament can override the fundamental rights and such laws can not be repealed or made void by the judiciary on the grounds of violating fundamental rights . In 2007 , Supreme Court ruled that there could not be any blanket immunity from judicial review for the laws inserted in the Ninth Schedule . Apex court also stated it shall examine laws included in the Ninth Schedule after 1973 for any incompatibility with the basic structure doctrine .
Defense of Marriage Act
He also announced that although it was no longer defending Section 3 in court , the administration intended to continue to enforce the law `` unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law 's constitutionality . ''
Constitution of the United Kingdom
Under European Law , as developed by the ECJ , the EC Treaty created a `` new legal order '' under which the validity of European Union law can not be impeded by national law ; though the UK , like a number of other EU members , does not share the ECJ 's monist interpretation unconditionally , it accepts the supremacy of EU law in practice . Because , in the UK , international law is treated as a separate body of law , EU law is enforceable only on the basis of an Act of Parliament , such as the European Communities Act 1972 , which provides for the supremacy of EU law . The supremacy of EU law was confirmed by the House of Lords in the Factortame litigation , in which part of the Merchant Shipping Act 1988 was `` disapplied '' because it conflicted with EU law . In his judgment in Factortame , Lord Bridge wrote :
Freedom of speech by country
Freedom of speech is protected by Article 40.6. 1 of the Irish constitution . However the article qualifies this right , providing that it may not be used to undermine `` public order or morality or the authority of the State '' . Furthermore , the constitution explicitly requires that the publication of `` blasphemous , seditious , or indecent matter '' be a criminal offence , leading the government to pass a new blasphemy law on 8 July 2009 .
Cousin marriage
Apart from the religion - based personal laws governing marriages , the civil marriage law named Special Marriage Act , 1954 governs . Those who do not wish to marry based on the personal laws governed by religious and cultural practices may opt for a marriage under this law . It defines the first - cousin relationship , both parallel and cross , as prohibited . Conflict may arise between the prohibited degrees based on this law and personal law , but in absence of any other laws , it is still unresolved .
English contract law
In the late 20th century , Parliament passed its first comprehensive incursion into the doctrine of contractual freedom in the Unfair Contract Terms Act 1977 . The topic of unfair terms is vast , and could equally include specific contracts falling under the Consumer Credit Act 1974 , the Employment Rights Act 1996 or the Landlord and Tenant Act 1985 . Legislation , particularly regarding consumer protection , is also frequently being updated by the European Union , in laws like the Flight Delay Compensation Regulation , or the Electronic Commerce Directive , which are subsequently translated into domestic law through a statutory instrument authorised through the European Communities Act 1972 section 2 ( 2 ) , as for example with the Consumer Protection ( Distance Selling ) Regulations 2000 . The primary legislation on unfair consumer contract terms deriving from the EU is found in the Consumer Rights Act 2015 . The Law Commission had drafted a unified Unfair Contract Terms Bill , but Parliament chose to maintain two extensive documents .
Defense of Marriage Act
On January 5 , 2012 , the U.S. District Court for the Northern District of Illinois in Chicago decided the suit of a same - sex binational couple . Demos Revelis and Marcel Maas , married in Iowa in 2010 , sought to prevent the USCIS from applying Section 3 of DOMA to Revelis 's application for a permanent residence visa for Maas and , in the court 's words , `` that their petition be reviewed and decided on the same basis as other married couples . '' Judge Harry D. Leinenweber , a Reagan appointee , denied the government 's motion to dismiss . BLAG has argued for the suit to be dismissed . In July the court stayed proceedings until mid-October because the USCIS was considering denying the plaintiffs ' request on grounds unrelated to DOMA .
Fundamental rights in India
Article 32 is also called citizens right to protect and defend the constitution as it can be used by the citizens to enforce the constitution through the judiciary .
Constitution of the United Kingdom
Following the accession of the UK to European Economic Community ( now the European Union ) in 1972 , the UK became bound by European law and more importantly , the principle of the supremacy of European Union law . According to this principle , which was outlined by the European Court of Justice in 1964 in the case of Costa v. ENEL , laws of member states that conflict with EU laws must be disapplied by member states ' courts . The conflict between the principles of the primacy of EU law and of parliamentary supremacy was illustrated in the judgment in Thoburn v Sunderland City Council , which held that the European Communities Act 1972 , the Act that initiated British involvement in the EU , could not be implicitly repealed simply by the passing of subsequent legislation inconsistent with European law . The court went further and suggested that the 1972 Act formed part of a category of special `` constitutional statutes '' that were not subject to implied repeal . This exception to the doctrine of implied repeal was something of a novelty , though the court stated that it remained open for Parliament to expressly repeal the Act . Following the UK 's referendum on EU membership in June 2016 , it is politically conceivable that Parliament would now do so , but constitutional lawyers have also questioned whether such a step would be as straightforward in its legal effects as it might seem at first sight . The Thoburn judgment was handed down only by the Divisional Court ( part of the High Court ) , which occupies a relatively low position in the legal system .