March 11th, 2014
In January, the Ninth Circuit Court of Appeals ruled on a HIV drug pricing dispute between GlaxoSmithKline and Abbott Laboratories. Part of the dispute was over whether a potential juror could be excused because he was gay. Although Abbott insists that they excused him for other reasons, the Ninth Circuit found otherwise and ruled that just as one cannot exclude racial minorities or women from the jury pool, gay people also could not be excluded.
But the more important portion of their ruling had to do with why a gay man could not be excluded. For the first time at the Appeals Court level, it was determined that discrimination based on sexual orientation is subject to heightened scrutiny. This was a game changer.
Although courts have increasing held that gay people are entitled to equality in marriage and other matters, they’ve done so on ‘reasonable basis’ determinations, the lowest level of consideration. It is generally agreed that if laws that segregate by orientation are held to heightened scrutiny, few if any can survive.
In fact, so certain is this conclusion that the Democratic Attorney General and Republican Governor of Nevada decided that they would not even defend their state’s anti-gay marriage ban, citing the Ninth Circuit’s ruling.
However, all of this is subject to the US Supreme Court upholding or striking down the Ninth Circuit’s standard of scrutiny. If they were to hear Abbott Lab’s appeal (or that of AbbVie, the spin-off that is now the legal party in the dispute), they could strike down this decision and deal a rather heavy blow to the community.
But they won’t.
Because they are not going to hear the appeal.
Because Abbott Labs has decided that some things are more important than winning in court. (BuzzFeed)
An AbbVie spokesman, Dirk van Eeden confirmed that the company would not be pursuing further appeals in the case.
“AbbVie recognizes that the implications of the Court’s findings extend far beyond the underlying case. For that reason, we chose not to appeal,” van Eeden told BuzzFeed.
This is a potentially multi-million dollar decision. Frankly, I’m a bit stunned.
They may still appeal another section of the ruling. And perhaps they figured they’d lose anyway so why put out the cost of appeal. Or maybe they didn’t want to alienate customers.
But on the face of it, AbbVie chose to behave like a good citizen and neighbor. And because of that decision, I believe that probably before the end of the summer all area covered by the Ninth Circuit – Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and possible Guam and the Mariana Islands – will have marriage equality.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.