Gay

Lawyerly Lairs: Did a Realtor Use an Attorney’s House for Gay Sexcapades?

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An attorney's lovely suburban home was allegedly transformed into A DEN OF SEXUAL SIN....

This story — which could also qualify as a Lawsuit of the Day — is fine, funny Friday fodder. The Minneapolis Star-Tribune reports:

Adam Bunge, an attorney, and his wife, Sarah Bunge, a Lutheran pastor, put their Maple Grove home up for sale and headed off to London this year for a four-month “work holiday.”

While they were gone, they allege in a lawsuit filed last week, their real estate agent used their house and possessions for “unauthorized sexual escapades,” staining their sheets, couch, carpet and other surfaces….

“It feels like we have been violated in every sense of the word,” Adam Bunge said in an interview.

The Bunges weren’t the only ones who were “violated.” In every room of the house. And it got pretty messy up in there….

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Quote of the Day: The (Fabulous!) Silver Lining to Delayed Gay Marriage

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We’re excited, but we’re also sad. At least we’ll have a little more time to prepare and dress up.

– Ryan Dooley, a 24-year-old Latin teacher in California, upon learning that he’ll have to wait longer to marry his fiancé.

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Breaking: Judge Walker Won’t Stay Prop 8 Ruling Pending Appeal!

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Chief Judge Vaughn Walker (N.D. Cal.), who struck down Proposition 8′s ban on gay marriage in California, has denied a motion to stay his judgment pending appeal. This means that same-sex marriages in California can start immediately after August 18 at 5 PM, assuming the Ninth Circuit doesn’t grant a stay.

UPDATE (3:45 PM): No immediate gay weddings — see court order below (after the jump). Judge Walker denied a full stay pending appeal, but he did enter a stay of his judgment until August 18, 2010, at 5 PM PDT. This will give Prop 8 proponents time to appeal to the Ninth Circuit…

UPDATE (4:25 PM): Do they have standing to defend Prop 8 on the merits in the appellate court? There is a rub here. Read more after the jump.

A link to the court order and excerpts, after the jump.

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Air Force Colonel Sues To Block His Discharge Under ‘Don’t Ask, Don’t Tell’

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The Proposition 8 case — a ruling on the motion to stay judgment pending appeal is expected any minute now — isn’t the only gay-related litigation going on these days.

As reported in the New York Times, lawyers for Lt. Col. Victor Fehrenbach filed a lawsuit yesterday in federal court in Idaho. They’re seeking a temporary order blocking his discharge from the Air Force for violating the military’s ban on homosexuality.

Discharge. Hehe. The NYT article actually contains several fun double entendres.

But there are interesting legal issues here, too….

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Did the JetBlue Flight Attendant Go Down the Slippery Slope Slide to Criminality?

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We touched upon this issue in Morning Docket, both today and yesterday: Is Steven Slater — the JetBlue flight attendant who reportedly unleashed a profanity-laced tirade over the airplane’s public-address system, before fleeing the plane via the emergency-evacuation chute, beer in hand — a criminal?

Slater was hit with felony charges of criminal mischief and reckless endangerment, on the reasoning that the deployed evacuation chute could have hit someone below. But his lawyer argues that there was no endangerment, since Slater — a flight attendant with about 20 years of experience, since he entered the business at age 19 — checked to make sure nobody was below before deploying the slide.

Let’s explore the legal issues a bit more — with the help of one of our favorite commentators, memoirist turned litigatrix Elizabeth Wurtzel….

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A Friday Present for You: A Hyperlinked Copy of the Prop 8 Ruling

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The biggest legal news story of the past week — even bigger than the confirmation of Elena Kagan, which was widely expected — was the ruling of Chief Judge Vaughn Walker (N.D. Cal.) in Perry v. Schwarzenegger. Judge Walker struck down California’s Proposition 8, a voter-passed ban on gay marriage, citing due process and equal protection grounds.

The decision was popular with Above the Law readers. In our poll, about 80 percent of you expressed support. But how many of you have actually read the entire 136-page ruling? If you’re looking for some fun this weekend, curl up with our special ATL edition of the opinion.

We’ve uploaded a version of the decision in fully hyperlinked form, i.e., with links to the authorities cited by Judge Walker. It’s available below….

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A Pair of Craigslist Jobs: Getting Screwed (Chicago and D.C.)

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Ah, Craigslist — grand repository and central clearinghouse for crappy legal jobs. The job postings, seeking expensively-trained lawyers at wages that a Starbucks barista would find insulting, just keep on coming.

The latest laughable listing — which brings laughter, but also tears — comes from Chicago:

We are looking for a recent law school graduate to assist in our busy litigation practice. The position allows you to work with and learn from experienced litigators but also requires a great deal of administrative and clerical work. The successful candidate will work directly with an attorney and be intimately involved with every aspect of the day to day litigation process. This is an excellent opportunity to acquire a great deal of marketable experience in a short period of time.

The position is full time and pays $10.00 per hour. Please forward a resume if interested.

One tipster’s incredulous reaction: “Ten dollars an hour for law graduates who have taken the bar? This is in the Chicago legal market, of all places!”

Meanwhile, in D.C., there’s a Craigslist posting for summer associates who like to get screwed more literally than figuratively….

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Non-Sequiturs: 08.05.10

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Alleged shoplifter Shannon Marketic, in happier times.

* Congratulations to the best LGBT lawyers under 40! Check out the list — perhaps you know some of them? [National LGBT Bar Association]

* Speaking of gays in the law, if you’re obsessing over Judge Vaughn Walker’s sexual orientation, stop it. Just stop it. [Huffington Post]

* First Rudolph Giuliani’s daughter gets busted shoplifting beauty products, and now the same thing happens with a former Miss USA. The lesson: beauty products are way too expensive. [CBS / Crimesider]

* You think legal outsourcing is only going to affect the lives of junior associates? As Larry Ribstein explains, it’s very likely that outsourcing will lead to a fundamental change in the way we regulate lawyers and law firms. [Forbes]

* The only person who can get away with acting like Judge Judy is Judge Judy. [Bad Lawyer]

* Ann Althouse thinks peep-toe shoes are just fine — and has fabulous taste in shoes herself, by the way. [Althouse]

* How come all of the top philanderers are men? That’s just sexist. [Law and More]

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Gay People: Are You Sure You Want to Get Married?

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How is everybody doing this day after bigotry was dealt a setback? Based on an Above the Law reader poll, about 80 percent of you think that Chief Judge Vaughn Walker (N.D. Cal.) did the right thing when he struck down California’s Proposition 8.

So gay people in California may soon be able to engage in the lovely “sh** or get off the pot” conversation that dominates the life of every guy who has been dating the same girl for more than a couple of years. Yay, congratulations!

But are gays and lesbians really sure they want marriage equality? After the cake, the reception, and the honeymoon, there are a bunch of… obligations that attach to marriage. Just look at New York. We don’t even have gay marriage here, and yet same-sex partners will find themselves on the hook for all sorts of things…

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Breaking: Proposition 8 Ruled Unconstitutional!!!

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Today Chief Judge Vaughn Walker (N.D. Cal.) issued his ruling in Perry v. Schwarzenegger, the constitutional challenge to Proposition 8, California’s ban on gay marriage. The case was famously brought by Ted Olson and David Boies, two of the nation’s top lawyers (who previously faced off in Bush v. Gore, on opposite sides of the case). We first learned of the news at 4:35 PM today (via Chris Rovzar of New York magazine).

In his 136-page ruling, Chief Judge Walker — a Bush I appointee to the federal bench who is generally viewed as a moderate, not some crazy San Francisco liberal — ruled that Prop 8 is “unconstitutional under both the due process and equal protection clauses.” Accordingly, he “order[ed] entry of judgment permanently enjoining its enforcement.”

A permanent injunction? Expect Prop 8 proponents to turn to a higher court in 3, 2, 1…. But is the famously left-leaning Ninth Circuit going to be much help?

For excerpts from the opinion and more links, see below….

UPDATE: This post has been revised extensively since it was first published.

Note especially the update near the end of this post regarding Judge Walker’s STAYING THE ENTRY OF JUDGMENT.

We have also added a READER POLL, after the jump.

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