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Criminal Justice

Lambda Legal is urging a California court to reverse several convictions from a 2009 sting operation in the Warm Sands neighborhood of Palm Springs, Calif., because the arrests were the result of discriminatory enforcement of the laws.

Lawrence King, a 15-year-old student at E.O. Green Middle School in Ventura County, California, was shot and killed by a classmate in February. Brandon McInerney, only 14 years old, was charged as an adult in the shooting. Students say McInerney targeted King because he was openly gay.

A coalition of 27 groups fighting for lesbian, gay, bisexual and transgender rights, including Lambda Legal, is urging prosecutors to try McInerney in juvenile court, and not as an adult.

"We call on prosecutors not to compound this tragedy with another wrong," the statement says. "The facts in this matter seem clear: one boy killed another in a climate of intolerance and fear about sexual orientation and gender expression….[but] prosecuting the alleged perpetrator as an adult will not bring Lawrence King back nor will it make schools safer for LGBT youth.

"We must respond to this tragedy by strengthening our resolve to change the climate in schools, eliminate bigotry based on sexual orientation, gender identity or expression and hold schools responsible for protecting students against discrimination and physical harm."

According to research released by the Centers for Disease Control and Prevention, children sent to adult court are more likely to re-offend than those committing similar offenses who remain in the juvenile justice system.

Lambda Legal Files Federal Lawsuit Charging Johnson City Police Department with Bias

(Johnson City, Tennessee, September 30, 2008) — Today Lambda Legal is filing a federal lawsuit in Tennessee on behalf of Kenneth Giles against Johnson City and its police chief. The lawsuit centers on the fact that the Johnson City Police Department (JCPD), in a highly unusual action for that Department, released photos of Giles and 39 other men who were arrested in a public sex sting operation.

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Groups Advocating for LGBT Rights Urge D.A. to Charge Alleged Lawrence King Murderer as a Minor

A coalition of 27 groups fighting for lesbian, gay, bisexual and transgender rights today is urging Ventura County prosecutors to try 14-year-old Brandon McInerney in juvenile court, and not as an adult. McInerney has been charged as an adult in the February 12 murder of his E.O. Green Middle School classmate, 15-year-old Lawrence King.

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Texas High Court Slams Shut Door to Justice in Prosecution Under 'Homosexual Conduct' Law

(DALLAS, April 18, 2002) - Lambda Legal Thursday said it likely will go to the United States Supreme Court now that the Texas Court of Criminal Appeals refused to hear an appeal by two Houston men convicted of violating the ‘Homosexual Conduct’ Law by having consensual sex in the privacy of one man’s home.

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Ohio Supreme Court Overturns Anti-Gay Soliciting Law

(CHICAGO, Wednesday, May 15, 2002) - The Ohio Supreme Court ruled today that the state’s importuning (soliciting) law, which criminalizes expressions of sexual interest between people of the same sex, is unconstitutional.

In a unanimous decision, Ohio’s highest court ruled that the law violates the Equal Protection clauses of the United States and Ohio Constitutions.

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Another Lambda Legal Victory - Arkansas Supreme Court Decision Strikes Down State's Sodomy Law

(New York, Tuesday, July 9, 2002) - The Arkansas Supreme Court has ruled in Jegley v. Picado, a lawsuit brought by seven lesbian and gay Arkansas residents challenging the state's same-sex-only sodomy law, that the law violates the state constitutional rights to privacy and equal protection. Lambda Legal Defense and Education Fund (Lambda Legal) was successful in urging the Court, on behalf of the plaintiffs, to void the state's ban on intimate relations between consenting adults of the same sex.

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U.S. Supreme Court asked to review constitutionality of Texas "Homosexual Conduct" Law

(New York and Dallas, Tuesday, July 16, 2002) - Lambda Legal, representing two Houston men, today asked the United States Supreme Court to review the Texas "Homosexual Conduct" Law and declare it unconstitutional. That law bans intimate relations, including oral and anal sex, between consenting adults of the same sex. The Texas law does not apply to heterosexual couples, but instead singles out same-sex couples for this criminal ban. The men represented by Lambda Legal were arrested and convicted for having sex in the privacy of one man's home.

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U.S. Supreme Court Will Hear Lambda Legal's Challenge To Texas 'Homosexual Conduct' Law

(New York, Monday, December 2, 2002) - The U.S. Supreme Court announced today that it will hear Lambda Legal's case challenging the constitutionality of Texas's "Homosexual Conduct” law, which criminalizes oral and anal sex by consenting gay couples and is used widely to justify discrimination against lesbians and gay men.

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Arkansans Urge Supreme Court to Keep Government Out of Their Bedrooms

(NEW YORK, October 30, 2001) — Lambda Legal Defense and Education Fund, on behalf of seven Arkansas lesbians and gay men, is urging the Arkansas Supreme Court to strike down the state’s archaic ban on intimate relations between consenting adults of the same sex.


In its legal brief filed Monday, Lambda argues that it is wrong for the government to single out gay people with a criminal law it does not apply to non-gay people and to try to dictate highly intimate, personal relationships.

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