The Domestic Violence Survivors Justice Act (DVJSA) allows New York courts to impose reduced or alternative sentences and to resentence incarcerated individuals, when documented domestic abuse significantly contributed to the offense and a standard sentence would be unduly harsh. Penal Law § 70.45 provides the determinate-sentencing framework that courts may depart from under the Act. Penal Law § 60.1
In Elaine W. v. Joint Diseases North General Hospital, 81 N.Y.2d 211 (1993), pregnant women who were denied admission to an inpatient detoxification program challenged the hospital’s categorical exclusion as sex discrimination under New York State's Human Rights Law. The hospital defended its policy on safety grounds, asserting that it lacked obstetrical services and could not treat any pregnant patient.
In the case Emilee Carpenter LLC v. James, a professional photographer, Emilee Carpenter, challenged New York’s public-accommodations statutes (under the Human Rights Law and Civil Rights Law) after indicating she would decline to provide wedding-photography services for same-sex couples due to her religious and personal beliefs about marriage.
New York State’s Gender Expression Non-Discrimination Act (GENDA) adds "gender identity or expression" as a protected characteristic under New York’s civil rights laws. The statute defines gender identity or expression as a person’s actual or perceived gender-related identity, appearance, or behavior, regardless of their sex assigned at birth. The law prohibits discrimination on the basis of gender identity or expression in employment, housing, education, public accommodations, and credit decisions.
In the case Hernandez v. Robles, 7 N.Y.3d 338 (2006), 44 same-sex couples challenged New York State’s Domestic Relations Law after being denied marriage licenses. Lower courts upheld the statute, and the New York Court of Appeals affirmed, holding that the legislature could restrict civil marriage to opposite-sex couples. The Court concluded that the statute did not violate state or federal equal protection under the standards applied.
The Court of Appeals, New York’s highest court, removed Romano, a town and village justice, from office, in part, because of his insensitivity to victims of domestic violence. The justice engaged in egregious misconduct in his courtroom, at an arraignment, where a defendant was charged with violating a protection order and assaulting his wife. After reviewing the charges, Romano stated, from the bench, “What’s wrong with that? You’ve got to keep them in line once in a while.” The Court of Appeals concluded that the evidence in the record supported the Commission’s fi
The plaintiff, who was from Côte d'Ivoire, appealed a Board of Immigration Appeals (“BIA”) decision affirming the denial of her asylum application, withholding of removal, and protection under the Convention Against Torture. Her asylum claim was based on female genital mutilation (“FGM”) and her fear that her daughters would be subjected to FGM if she was removed.
The plaintiff, a female professor sued the defendant, alleging that her salary raises were less than those of comparable male professors in violation of the Equal Pay Act and Title VII. At trial, both parties’ experts provided statistical evidence based on multiple regression analyses controlled to eliminate any observed gender disparity, including rank, years of service, division, tenure status, and degrees earned. Both experts found a difference in pay between comparable men and women, but disagreed about the statistical significance of that difference.
The Marriage Equality Act amended New York’s Domestic Relations Law to make civil marriage equally available to couples regardless of gender. It states that a marriage is valid whether the spouses are of the same or different gender, and bars officials from denying a marriage license based on the applicants’ gender identity.
A landlord sought to evict a survivor of domestic violence from her apartment, alleging nuisance in violation of the lease. The woman was the only person on the lease. Her landlord’s nuisance claim was based on a fight that had occurred between her and her husband. The woman moved for summary judgment based on the Violence Against Women and Department of Justice Reauthorization Act of 2005 (“VAWA 2005”).
