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Diversity Leadership CouncilThe newsletter of the ISBA’s Diversity Leadership Council

June 2008, vol. 2, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on either of the articles that appear below.

In This Issue…

Related Court Cases

Equal Protection
Baskin v. Bogan
Dist. Ct. did not err in entering judgment in separate cases that invalidated Indiana’s (statutory) and Wisconsin’s (state constitution) bans on same-sex marriage. Challenged laws discriminated against homosexual minority based upon immutable characteristic, and states’ rationale that same-sex couples and their children do not need marriage because same-sex couples do not produce children was irrational. Ct. further found that said laws violated notions of equal protection since states failed to articulate any rationale for allowing infertile, heterosexual couples to marry and obtain financial benefits granted to marriages of fertile, heterosexual couples, but failing to give same financial benefits of marriage to same-sex couples who also do not produce children. Additionally, states’ solution for their concern regarding problem with unwanted children was not tailored to said concern because by denying marital rights to same-sex couples, they reduced incentive of such couples to adopt unwanted children and impaired welfare of those children who had already been adopted by same-sex couples.

Mandamus
Lee v. Godinez
Director of Department of Corrections is given statutory discretion to consider an eligible inmate's history of domestic battery convictions in determining whether to grant inmate discretionary early release. The award of supplemental sentencing credit (SSC) is, and always has been, discretionary, and thus changes to SSC statute do not violate ex post facto laws. Whether to grant work release or electronic home detention are matters of day-to-day operations within discretion for Department of Corrections. (HOLDRIDGE, concurring; McDADE, specially concurring.)

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