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9th Circuit Ruling Changes the Application of “Don’t Ask, Don’t Tell”
Just as the legislative campaign to repeal “Don’t Ask, Don’t Tell” began this past week with the newly introduced Military Readiness Enhancement Act of 2010, a case arising out of the 9th Circuit Court of Appeals has altered the way the law is practiced for the nine states within its jurisdiction.
At issue is a ruling in the case of an Air Force major from Washington State who
was dismissed from the military after she was found to have been in a lesbian relationship. The court introduced a more stringent standard for dismissal under “Don’t Ask, Don’t Tell.” Under this standard, in order for a gay service member’s discharge to be constitutional, the military must demonstrate that the firing promotes cohesion or discipline in the unit. In prior cases, a more lenient standard had been applied which required the military to show that the person had engaged in homosexual activity, made statements about being gay, or tried to marry someone of the same sex.
The U.S. government declined to repeal the ruling which leaves in effect two different standards. According to some lawyers, if the military is found to have discharged people within the 9th Circuit without applying the higher standard, it could be forced to pay punitive damages in federal court.
To read more about the 9th Circuit Ruling, visit: www.npr.org
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Legislative and Public Support for Repealing “Don’t Ask Don’t Tell”
Just this week, Senator Joseph Lieberman introduced the Military Readiness Enhancement Act of 2010 in the U.S. Senate in an effort to repeal the military’s “Don’t Ask, Don’t Tell,”. Repealing “Don’t Ask, Don’t Tell” has received overwhelming support from the military and legislature as well as the general public. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff voiced his personal believe that “Don’t Ask, Don’t Tell” compromises the military’s integrity. Former Vice President and Defense Secretary Dick Cheney and Gen. Colin Powell also support its repeal.
So far, more than 13,500 service members have been fired under the law since 1994, according to the Service members Legal Defense Network. Defense Department figures show 1,047 people were discharged in 2008 and 2009.
HRC (Human Rights Campaign) recently launched a national action alert and announced details of the ongoing campaign to repeal DADT. HRC is asking members and supporters to sign up and join the growing network of supporters to repeal DADT. To learn more visit: www.hrc.org/RepealDADT
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COMMUNITY EVENTS – Mark Your Calendars! |
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The Naked I performance and panel discussion explore legal issues confronting transgender people in Minnesota
 Friday, March 19, 7:00 to 9:45 pm, Auditorium
Join us from 7 to 9:45 pm, Friday, March 19, for a one-hour presentation of Tobias K. Davis’ play, “The Naked I,” followed by a discussion with legal experts designed to educate lawyers about the elimination of bias or prejudice against transgender people. Refreshments and snacks will be provided by El Meson Bistro compliments of MLBA.
Panelists will discuss barriers to hiring, retention, and promotion, as well as barriers to professional development and full participation of transgender people in the Minnesota legal profession.
Panelists include:
• Moderator Phil Duran, Staff attorney, OutFront Minnesota
• Joni Thome,Halunen & Associates, Minneapolis
• Karen Clark, Minnesota state representative
• Kris Maul,Project coordinator, Capella University
This event is free and open to the public. Attendees will receive one Elimination of Bias CLE. Donations will be accepted on behalf of the Trans Youth Support Network. To register, go to: www.wmitchellalumni.net. If you encounter any difficulties while registering, please contact events@wmitchell.edu or Jodi Mammenga at 651-290-6370.
Sponsors include Out!Law, William Mitchell Student Bar Association, William Mitchell, the Office of Student Affairs, the Office of Multicultural Affairs, the Minnesota Lavender Bar Association, and Theatre Company.
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2010 MLBA Annual Member Meeting, Tuesday April 13th 6:30pm at Amore Victoria Ristorante
All Minnesota Lavender Bar Association (MLBA) members, guests, and interested law students are cordially invited to attend the 2010 MLBA Annual Member Meeting on Tuesday, April 13.
MLBA has reserved a private space at Amore Victoria Ristorante, located at 1601 W. Lake St. in Minneapolis' Uptown neighborhood. This is a great time to mingle with fellow members and future board nominees. Come join us for some great conversation and food as there will be no outside speakers –but plenty of opportunities to connect in a relaxed and friendly atmosphere.
The business meeting, which will include nominations of new board members will take place from 6:30-7:15; afterward, social time and dinner from 7:15-8:30. We hope you can join us for a pleasant evening.
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JustFair Lobby Day, Wednesday April 21st All day
Just Fair Lobby Day is just one month away and Outfront MN needs your help in making it one of the best yet. Starting March 16th and continuing for the next several weeks, Outfront will be hosting volunteer events in their offices on Tuesdays and Saturdays.
Volunteer Opportunities include data entry, answering phones and creating signs. Anyone interested in volunteering before or during Just Fair Lobby day should contact Community Organizer Kelly Lewis at (612) 822-7664 or klewis@outfront.org.
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| Career Opportunities |
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Hamline University Seeks Law School Alumni Relations Director
Hamline University seeks an Alumni Relations Director for the School of Law to plan and implement programs designed to foster effective engagement between the law school and its alumni as well as among the individual alumni, and to assist Law Career Services in its efforts to promote employment of law alumni. For full description: www.hamline.edu/careers.
To apply, send cover letter, resume, and three references electronically to hujobs@hamline.edu or by mail to: Office of Human Resources, Hamline University, 1536 Hewitt Avenue, St. Paul, MN 55104
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Commission on Judicial Selection Announces Seventh Judicial District Vacancies
The Commission on Judicial Selection today announced that applications are now being accepted for two trial court bench vacancies in the Seventh Judicial District. The first vacancy is as a result of the retirement of the Honorable Elizabeth A. Hayden on December 11, 2009. The second vacancy is as a result of the retirement of the Honorable Paul E. Widick on February 1, 2010. The Minnesota Supreme Court certified the continuation of the chambers of both positions for the city of St. Cloud in Stearns County.
Licensed Minnesota attorneys who are residents of the Seventh Judicial District may request an application for these positions by calling John Hultquist at 651-296-0019, via e-mail at john.hultquist@state.mn.us or by writing:
Ronald J. Schutz, Chair Commission on Judicial Selection
30 State Capitol
75 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
All candidates for these vacancies must submit an application. Applications and letters of recommendation must be submitted to the above address so they are received no later than 4:30 p.m. on Tuesday, April 6, 2010.
Applicants are asked not to contact the commission members individually, as the nine at-large members and the four district members will conduct interviews at a later date.
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Job Opportunities posted
on MLBA website
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MLBA receives a number of notices from employers seeking candidates for open positions. We try to post these on our web site regularly, and in fact have now created a specific page dedicated to sharing these opportunities.
Please click here for more information. http://www.mnlavbar.org/
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