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51-768: Lambda's founder William J. Thom, Esq. submitted incorporation papers for approval to the New York Courts in 1971, but his application was denied on the grounds that its proposed activities would be "neither benevolent nor charitable in purpose" and "there was no demonstrated need for its existence". That decision was overturned in 1973 by the New York Court of Appeals , which is the highest court of New York State . ( In re Thom , 301 N.E.2d 542 (N.Y. 1973).) The original incorporators, in addition to Bill Thom, were E. Carrington Boggan , and Michael J. Lavery. At their first meeting on November 10, 1973, they were elected to

102-620: A 2017 Trump administration presidential order to ban transgender troops from the US military, Lambda indicated that they would be taking action to challenge the legality of the order. The order was blocked by courts until the Supreme Court allowed it to go into effect in January 2019, but was reversed two years later by executive order of President Biden , less than a week after his inauguration in January 2021. In May 2022, Lambda Legal launched

153-476: A crime." In July 2012, Lambda founder Bill Thom was interviewed at his nursing home in Manhattan , and gave a first-hand account of the early years of Lambda Legal. This resulted in a letter from the current co-chair of Lambda Legal to Bill Thom dated September 25, 2012, in which he says "The world is a vastly better place for LGBT people than when I started practice 20 years ago and is almost unrecognizable from

204-431: A national network of volunteer Cooperating Attorneys, which widens the scope of their legal work and allows attorneys, legal workers and law students to become involved in the program by working with Lambda Legal's legal staff. Lambda Legal pursues litigation in all parts of the country, in every area of the law that affects communities they represent, such as discrimination in employment, housing, public accommodations, and

255-538: A successor was chosen at the next State election. To replace retiring or appointed judges, all substitutes were elected to full 14-year terms. In 1889, a "Second Division" of the Court of Appeals was established temporarily to help to decide the large number of cases. Its seven members were designated by Governor David B. Hill , chosen from the New York Supreme Court 's General Term benches. Chief Judge

306-462: A term of four and a half years), Charles H. Ruggles (to a term of six and a half years), and Addison Gardiner (to a term of eight and a half years). They took office on July 5, 1847. Afterwards, every two years, one judge was elected in odd-numbered years to an eight-year term. In case of a vacancy, a judge was temporarily appointed by the Governor, and at the next odd-year state election a judge

357-605: Is the highest court in the Unified Court System of the State of New York . It consists of seven judges: the chief judge and six associate judges, who are appointed by the governor and confirmed by the state senate to 14-year terms. The chief judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the chief judge of the State of New York. The Court of Appeals

408-839: The New York Reports . Specialized The New York State Unified Court System is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is the ex officio Chief Judge of New York. The Chief Judge supervises the seven-judge Court of Appeals and is chair of the Administrative Board of the Courts . In addition, the Chief Judge establishes standards and administrative policies after consultation with

459-630: The Court for the Correction of Errors and the Court of Chancery , and had eight members. Four judges were elected by general ballot at the State elections, the other four were chosen annually from among the Supreme Court justices. The first four judges elected at the special judicial state election in June 1847 were Freeborn G. Jewett (to a term of two and a half years), Greene C. Bronson (to

510-782: The Oval Office . In 2013, Lambda Legal – Midwest Regional Office was inducted into the Chicago Gay and Lesbian Hall of Fame . Its national headquarter remained in New York City , but today it has regional offices in Atlanta , Chicago , Dallas , Los Angeles , and Washington . Lambda Legal has played a role in many legal cases pertaining to gay rights , including the 6–3 United States Supreme Court 's 2003 decision in Lawrence v. Texas , which invalidated sodomy laws in

561-645: The state constitution . Initiated in 1990, as the case moved through the state courts, the passage of an amendment to the state constitution in 1998 led to the dismissal of the case in 1999. The Full Faith and Credit Clause of the Constitution would have provided that all states would be potentially required to recognize marriages obtained in Hawaii, prompting the passage of the federal Defense of Marriage Act (DOMA) in 1996 under Bill Clinton. Dozens of statutes and constitutional amendments banning same-sex unions at

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612-752: The "Little Black Book", which contains information regarding the possible consequences of gay men "cruising" for sex in public places. The "Little Black Book" includes the following material: "If you cruise in parks, bathrooms or other spaces open to public view, trust your instincts, be aware of your surroundings – and know your rights. While Lambda Legal and other groups are fighting against the ways police target men who have sex with men, having sex where others might see you and take offense can subject you to arrest, publicity and other serious consequences. If you feel unsafe, you should leave." The "Little Black Book" goes on to advise as follows: "If you’re cruising for sex and an undercover cop hits on you, what you do can still be

663-508: The "legally untenable" position couples would be in should the Supreme Court reverse him on appeal. On November 3, 1998, Hawaii voters approved an amendment to the state constitution that allowed the state "to reserve marriage to opposite-sex couples." On December 9, 1999, the state Supreme Court ruled that the marriage amendment removed the plaintiffs' legal objections to the state's eligibility requirements for marriage and definition of marriage. The Court reversed Chang's ruling and remanded

714-690: The Administrative Board and approval by the Court of Appeals. The Chief Administrator (or Chief Administrative Judge if a judge) is appointed by the Chief Judge with the advice and consent of the Administrative Board and oversees the administration and operation of the court system, assisted by the Office of Court Administration . The eleven-member New York State Commission on Judicial Conduct receives complaints, investigates, and makes initial determinations regarding judicial conduct and may recommend admonition, censure, or removal from office to

765-472: The Appellate Division. Direct appeals are authorized from final trial-court decisions in civil cases where the only issue is the constitutionality of a federal or state statute. In criminal cases, a direct appeal to the Court of Appeals is mandatory where a death sentence is imposed, but this provision has been irrelevant since New York's death-penalty law was declared unconstitutional. Decisions by

816-499: The Board of Advisors were the two lawyers who later became New York State Supreme Court Justices: Phyllis Gangel-Jacob and Shirley Fingerhood. From its inception, Lambda Legal sought diversity on its board of directors. Initially, it could find no lesbian lawyers who were willing or able to be openly associated with a gay activist organization. Nathalie Rockhill , a major figure in the early post- Stonewall days of Gay Liberation ,

867-561: The Chief Judge and Court of Appeals. The Court of Appeals promulgates rules for admission to practice law in New York. (The New York Supreme Court, Appellate Division is responsible for actual admissions. ) The New York State Reporter is the official reporter of decisions and is appointed by the Court of Appeals. The Court of Appeals was created by the New York State Constitution of 1846 to replace both

918-471: The Commission recommended that the legislature open marriage to same-sex couples and that it create as well a comprehensive domestic partnership act to be open to all couples without respect to sex. Following his appointment as State Director of Health, Lawrence H. Miike substituted for Lewin as defendant, changing the name of the case. Beginning on September 10, 1996, Judge Kevin S.C. Chang conducted

969-879: The Hawaii Attorney General's office, which concluded on December 27 that under the United States Constitution the right to marry is fundamental, but only for different-sex couples. On April 12, 1991, the Department of Health denied the license applications, citing the Attorney General's opinion. On May 1 the couples initiated their lawsuit, Baehr v. Lewin , seeking to have the same-sex exclusion declared unconstitutional. They were represented by Dan Foley , an experienced local civil rights attorney. Lambda Legal Defense and Education Fund had declined to represent them as it debated

1020-514: The Law to study the issue of granting benefits to same-sex couples. Following the failure of the first Commission, a second Commission was established. While the Commissions studied the issue the case was stayed. The Commission issued its report on December 8, 1995. In examining the many benefits associated with marriage along with public policy reasons for extending such benefits to same-sex couples,

1071-495: The Supreme Court to serve as associate judges of the Court of Appeals until the Court's calendar was reduced below two hundred cases. This goal was reached only in 1921, and henceforth no more Supreme Court justices were designated under the amendment of 1899 to serve on the Court of Appeals. Jacob D. Fuchsberg and Lawrence H. Cooke were the last judges elected by general ballot at the State election in November 1974. Afterwards

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1122-496: The United States. Lambda Legal carries out its legal work principally through test cases selected for the likelihood of their success in establishing positive legal precedents that will affect lesbians, gay men, bisexuals, transgender people and those affected by HIV. Lambda Legal's staff of attorneys works on a wide range of cases, with their docket averaging more than 50 cases at any given time. Lambda Legal also maintains

1173-541: The case for entry of judgment in favor of the defendant. As Congress considered passing DOMA, the House Judiciary Committee's Report on the legislation in 1996 discussed the implications of the Baehr case at length and argued for passage because "a redefinition of marriage in Hawaii to include homosexual couples could make such couples eligible for a whole range of federal rights and benefits." It said

1224-482: The court can be appealed to the Supreme Court of the United States but only in cases containing a point of federal or constitutional law. Decisions from the Court of Appeals are binding authority on all lower courts, and persuasive authority for itself in later cases. Every opinion, memorandum, and motion of the Court of Appeals sent to the New York State Reporter is required to be published in

1275-487: The court of last resort the Court of Appeals. Further adding to the confusion is New York's terminology for jurists on its top two courts. Those who sit on its Supreme Court are referred to as "Justices" – the title reserved in most states and the Federal court system for members of the highest court – whereas the members of New York's highest court, the Court of Appeals, are simply called "Judges". Appeals are taken from

1326-599: The first episode of its new podcast, " Making the Case ," hosted by Alex Berg. Listeners will have the opportunity to learn more about the creative strategies, unique challenges, and passion that helped win some of the most significant cases for the LGBTQ+ community and people living with HIV in recent memory. The legal department at Lambda Legal consists of a broad array of grassroots activists, corporate attorneys, Help Desk staff, and administrative professionals committed to achieving

1377-418: The four departments of the New York Supreme Court, Appellate Division to the Court of Appeals. In some cases, an appeal lies of right, but in most cases, permission (or "leave") to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals. In civil cases, the Appellate Division panel or Court of Appeals votes on petitions for leave to appeal; in most criminal cases, however,

1428-587: The full recognition of the civil rights of lesbian, gay, bisexual and transgender (LGBT) people and people living with HIV: Jenny Pizer , Chief Legal Officer and the Eden/Rushing Chair for Lambda Legal: As Chief Legal Officer, Jenny Pizer leads Lambda Legal's department of over 20 attorneys, 11 paraprofessionals, and five dozen impact litigation cases across the United States. Pizer first joined Lambda Legal's staff in 1986 as an intern while attending New York University School of Law. Pizer co-counseled

1479-617: The honorable Ann Aldrich of the U.S. District Court for the Northern District of Ohio , received her J.D. from New York University School of Law and her Bachelor of Arts from Harvard College . As a part of Lambda Legal's education component, the organization periodically publishes articles, playbooks, and surveys to educate the general public and influence public policy on issues facing the LGBTQ+ community and people living with HIV. On April 20, 2023, Lambda Legal partnered with

1530-550: The importance of marriage itself and whether taking the issue to court was a wise strategy. On October 1, 1991, the trial court dismissed the suit. Plaintiffs appealed to the Supreme Court of Hawaii . The Court considered whether the Hawaii constitution's right to privacy included a fundamental right to same-sex marriage and concluded that it did not. The Court did find however that under the state's equal protection clause, denying marriage licenses to same-sex couples constituted discrimination based on sex that required justification by

1581-621: The judges have been nominated by the Governor and confirmed by the New York State Senate . The Court of Appeals has decided some of the most important cases in American jurisprudence. 42°39′08″N 73°45′14″W  /  42.652319°N 73.753946°W  / 42.652319; -73.753946 Baehr v. Miike Baehr v. Miike (originally Baehr v. Lewin ) was a lawsuit in which three same-sex couples argued that Hawaii's prohibition of same-sex marriage violated

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1632-460: The litigation that legalized marriage between same-sex couples in California on May 15, 2008, in re Marriage Cases . On August 18 of that same year, Pizer won a unanimous California Supreme Court victory in N. Coast Women's Care Med. v. S.C on behalf of Guadalupe Benitez, a lesbian denied infertility due to the discriminatory religious objections brought forth by her doctor. She clerked for

1683-458: The majority and two by the minority. Martin Grover was the only sitting judge who was re-elected. The judges were elected to a 14-year term, which most judges did not complete, since the Constitution mandated the retirement of the judges at the end of the calendar year in which they reached the age of 70. In case of a vacancy due to death or resignation, a judge was appointed by the Governor until

1734-414: The military; HIV/AIDS-related discrimination and public policy issues; parenting and relationship issues; equal marriage rights; equal employment and domestic partnership benefits; "sodomy" law challenges; immigration issues; anti-gay initiatives; and free speech and equal protection rights. Before taking on legal work on behalf of same-sex marriage rights, Lambda Legal had to resolve an internal debate over

1785-660: The newly constituted board of directors namely Rodney L. Eubanks, Shepherd Raimi, and D. Nicholas Russo. Because of the scarcity of openly gay lawyers in 1973, Lambda Legal formed a Board of Advisors of prominent New Yorkers sympathetic to the cause of gay rights . They included US Congressperson Bella Abzug , New York State Senator Carol Bellamy , Association of the Bar President Merrell E. Clark, Rev. John Corn of Trinity Church and Martin Duberman , Distinguished Professor at City University of New York . Also on

1836-611: The non-profit organizations Black and Pink National, and Strength in Numbers Consulting Group to publish the Protected & Served? 2022 Report . The report is a data-quantitative information of personal stories conducted across over 2,500 LGBTQ+ people and people living with HIV capturing their experiences with misconduct involving police, courts, prisons, jails, schools, and other government agencies. New York Court of Appeals The New York Court of Appeals

1887-404: The petition for leave to appeal is referred to a single Justice or Judge, whose decision whether to grant or deny leave is final. In some criminal cases, some appellate decisions by an Appellate Term or County Court are also appealable to the Court of Appeals, either of right or by permission. In a few cases, an appeal can be taken from the court of first instance to the Court of Appeals, bypassing

1938-422: The plurality opinion, though Court of Appeals Judge (filling in for a recused Justice) James S. Burns wrote a concurrence of the judgment reaching the same conclusion as the plurality opinion, thus remanding the case back to the trial court. In response to the court's ruling, Hawaii enacted a new statute that defined marriage to include only different-sex couples and created the Commission on Sexual Orientation and

1989-406: The proposed statute: ...is a response to a very particular development in the State of Hawaii.... [T]he state courts in Hawaii appear to be on the verge of requiring that State to issue marriage licenses to same-sex couples. The prospect of permitting homosexual couples to "marry" in Hawaii threatens to have very real consequences both on federal law and on the laws (especially the marriage laws) of

2040-457: The significance of marriage for its constituency and the strategic wisdom of taking on the issue. In 1990, it declined to represent the plaintiffs in the initial challenge to Hawaii's denial of marriage licenses to same-sex couples. It filed an amicus brief in that case at a later stage and another in Dean v. District of Columbia , its first advocacy for same-sex marriage. Lambda Legal publishes

2091-402: The state had not established any compelling interest in denying same-sex couples the ability to marry and that, even if it had, it failed to prove that the Hawaii statute was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He instructed the state to issue marriage licenses to otherwise-qualified same-sex couples. The following day Chang stayed his ruling, acknowledging

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2142-497: The state level also followed Baehr . On December 17, 1990, three same-sex couples applied for marriage licenses at the Hawaii Department of Health with the encouragement of local gay rights activist William E. Woods . The three couples met the requirements of the state law that detailed eligibility requirements for marriage, except for being of the same sex. State health director John C. Lewin requested an opinion from

2193-489: The state under the standard known as strict scrutiny . On May 5, 1993 (with clarification issued on May 27), the Supreme Court split in a 2-1-2 decision to remand the case to the trial court to determine if the state could meet that standard by demonstrating that denying marriage licenses to same-sex couples "furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights." Justice Levinson , joined by Chief Justice Moon, wrote

2244-545: The trial in the case of Baehr v. Miike , with the name of the new State Director of Health, Lawrence H. Miike, replacing that of his predecessor. Hawaii put forth five state interests it claimed were sufficiently "compelling" to allow it to bar same-sex couples from marrying. These interests were: The state called four expert witnesses with specialties in psychology and sociology. The plaintiffs also called four expert witnesses with specialties in psychology, sociology and child development. On December 3, 1996, Judge Chang ruled that

2295-794: The world in which you took on the heroic and unprecedented task of fighting back." Represented by Lambda Legal, Immigration Equality and law firm Morgan Lewis & Bockius , in October 2020, the United States Department of State withdrew its appeal of the verdict in Kiviti v. Pompeo , and declined to appeal Mize-Gregg v. Pompeo . Federal district courts ruled the State Department's refusal to recognize children born overseas to married same-sex, American citizen couples as U.S. citizens to be unlawful in both cases. Following

2346-602: Was Daniel L. Follett . Among its members were Alton B. Parker and Joseph Potter. The Second Division was continued through 1890. In 1891, the State Constitutional Commission, headed by William B. Hornblower drafted an amendment to abolish the Second Division. A constitutional amendment adopted in November 1899 permitted the Governor, at the request of a majority of the judges of the Court of Appeals, to designate up to four justices of

2397-461: Was elected for the remainder of the term. The Chief Judge was always that one of the elected judges who had the shortest remaining term. Besides, the Court had a Clerk who was elected to a three-year term. In 1869 , the proposed new State Constitution was rejected by the voters. Only the "Judicial Article", which re-organized the New York Court of Appeals, was adopted by a small majority, with 247,240 for and 240,442 against it. The Court of Appeals

2448-519: Was executive director from 1986 to 1992, helped to author a bill passed in 1986 by the New York City Council to protect queer people against bias in housing, employment, and public accommodations. Mayor Ed Koch , who signed the bill enacting it into law said: "The legislation drafted by Tom Stoddard was perfect." In 1993, Stoddard and other nationally known gay leaders met with President Bill Clinton , first such delegation to meet inside

2499-471: Was founded in 1847 and is located in the New York Court of Appeals Building in Albany, New York . In the federal court system and in all other U.S. states , the court of last resort is known as the "Supreme Court". New York, however, calls its lower courts the " Supreme Court " – consisting of the trial court and the intermediate appellate court, known as the Appellate Division of the Supreme Court – and

2550-466: Was the first woman elected to the board in 1974. She was soon followed by lesbian law students and, in time, by lesbian lawyers. By the 1980s, men and women were equally represented on Lambda's board. Lambda's growth paralleled the growth of the gay movement. By the 1980s, with the crisis of the AIDS epidemic getting more attention, awareness of gay activism had grown significantly. Thomas B. Stoddard , who

2601-421: Was wholly re-organised, taking effect on July 4, 1870. All sitting judges were legislated out of office, and seven new judges were elected by general ballot at a special election on May 17, 1870 . Democrat Sanford E. Church defeated Republican Henry R. Selden for Chief Judge. The tickets for associate judges had only four names each and the voters could cast only four ballots, so that four judges were chosen by

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