Brody's Notes... Nation In Brief

When Shooting Gay Porn? Make Sure It's Not In Full Uniform Says Military Appeals Court Ruling

WASHINGTON D. C. -- In what legal insiders called an "unusual" legal ruling in an even more "unusual" court case, the U.S. Navy-Marine Corps Court of Criminal Appeals has sided in part with U.S. Marine Corps Sergeant Matthew W. Simmons who had been convicted of violating USMC uniform regulations, including a prohibition on making commercial use of the uniform.

The USN-USMC Appellate Court set aside Simmons' conviction saying:

"(Simmons) was an active-duty bandsman. He took leave to appear in several commercial pornographic videos that involved sodomy with numerous other men, by his own account being paid $10,000.00 for his performances. Some of the videos included shots of him wearing his Marine dress blue coat with the Marine Corps device, decorations, and rank insignia affixed; others showed him wearing a Marine physical training jacket; and at one point he mentioned that he was a Marine. Out-takes from the videos were used to advertise the videos on a website, and one of those out-takes showed the (him) wearing the blue coat.

We are also not satisfied, on the basis of this record, that the appellant’s statements or wear of uniform items may create an inference of service endorsement of the activities depicted. The appellant never wore a complete 'uniform,' so the general public could never receive 'visual evidence of the authority and responsibility vested in the individual by the United States Government.' He did not voice any Marine support for what he was doing or any service views on the propriety or impropriety of his conduct."

The court ordered a resentencing on a remaining charge, and appeared to rule out any punitive discharge

Record Numbers Of Gay And Lesbians Applying To Become Parents In South Florida

FORT LAUDERDALE, FLORIDA -- A year ago this month, Florida's Third District Court of Appeals in Miami-Dade, ruled a 33 year-old law that barred gays and lesbians from adopting children unenforceable and the state's attorney general declined to challenge it. Same-sex couples and gay & lesbian individuals have stepped up their efforts to become parents as a result.
According to an article published Sunday in the Fort Lauderdale based South Florida Sun-Sentinel newspaper, family law attorneys estimated that more than 100 gay and lesbian persons in South Florida have pending adoption cases awaiting final court approval.

"The phones have been ringing off the hook,'' said family law attorney Elizabeth Schwartz, of Miami. "It's been 33 years of pent up desire,'' she said.
At the Foster and Adoptive Parent Association of Palm Beach County, Executive Director Marie Bond said "we're definitely seeing more families,'' from the gay and lesbian community.

High Court Refuses To Hear Discrimination Case Against World Vision

WASHINGTON D.C. -- The U.S. Supreme Court on Monday refused to hear an appeal of the 9th Circuit Court of Appeals ruling that faith-based humanitarian organizations may legally refuse to hire those outside of their religion. The original suit had been brought on behalf of several former employees of the Virgina-based evangelical group World Vision charging that it discriminated.

In its August ruling, the 9th Circuit wrote that World Vision could legally discriminate in its hiring practises based on religious affiliation agreeing with a lower court decision. The appellate court stated that World Vision qualifies as a faith-based humanitarian organization and is therefore exempt from the Civil Rights Act. The U.S. Supreme Court Monday affirmed that appeals court decision by refusing to hear the case. 

“Our Christian faith has been the foundation of our work since the organization was established in 1950, and our hiring policy is vital to the integrity of our mission to serve the poor as followers of Jesus Christ,” said Richard Stearns, World Vision U.S. president, in a statement.

North Carolina GOP Lawmaker Thinks Same-Sex Ban Is Wrong

BUIES CREEK, NORTH CAROLINA -- U. S. Representative Renee Ellmers,(R-NC) told an audience at Campbell College last week that she would not support nor vote for the proposed amendment to North Carolina's constitution that would ban same-sex marriage. A local newspaper in Raleigh, the News & Observer of Raleigh had followed up with Ellmers' office to confirm that members of the audience hadn't heard Ellmers incorrectly.

"As a voter, she would vote against a piece of legislation that would add a ban on civil unions to the protection of marriage since they are two different issues and should be dealt with separately," Congresswoman Ellmers spokesman Tom Doheny told the paper.

Doheny said Ellmers remains against same-sex marriage, but "she finds nothing wrong" with civil unions.

Maryland Governor Launches Advertising Campaign For Same-Sex Marriage Legislation

ANNAPOLIS, MARYLAND -- Maryland's Democratic Governor Martin O'Malley talks about balancing religious freedom and the freedom to marry in a 45-second spot released Monday.

“As a free and diverse people of many different faiths, we choose to be governed under the law by certain fundamental principles, among them, equal protection of the law for every individual and the free exercise of religion without government intervention,” O’Malley says in the video. “The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law.”

O’Malley, who has pledged to make the legislation a priority in 2012 appears in the first advert sponsored by Marylanders for Marriage Equality, the coalition of groups working to pass same-sex marriage legislation in the state.