Ernesto Scorsone | |
---|---|
Judge of the Fayette County Circuit Court | |
In office August 2008 –November 30, 2021 | |
Appointed by | Steve Beshear |
Preceded by | Sheila Isaac |
Succeeded by | Jeffrey Taylor |
Member of the Kentucky Senate from the 13th district | |
In office November 25,1996 –August 2008 | |
Preceded by | Mike Moloney |
Succeeded by | Kathy Stein |
Member of the KentuckyHouseofRepresentatives from the 75th district | |
In office January 1,1985 –November 25,1996 | |
Preceded by | Carolyn Kenton |
Succeeded by | Kathy Stein |
Personal details | |
Born | February 15,1952 |
Political party | Democratic |
Spouse | John Davis |
Residence | Lexington,Kentucky |
Alma mater |
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Ernesto Scorsone is a notable LGBT advocate,American lawyer,politician and retired judge from Kentucky.
Ernesto Scorsone was born in Palermo,Italy,on February 15,1952. His family immigrated to the United States in 1960.
Scorsone earned a bachelor's degree from the University of Kentucky in 1973 and a Juris Doctor from the University of Kentucky College of Law in 1976. After a year of public defender work,he began private practice in Lexington in 1977.
A Democrat,Scorsone was first elected to the Kentucky House of Representatives 1984,defeating Democratic incumbent Carolyn Kenton for renomination. In 1996,he was elected to the Kentucky Senate from the 13th District and re-elected without opposition in 2000 and 2004. He was the first openly gay member of the Kentucky General Assembly.
In 1998 Scorsone was the Democratic nominee for the open 6th district seat in the United States House of Representatives,but he lost the general election to Republican Ernie Fletcher by seven points (53%–46%). Fletcher would go on to be elected Governor.
In the legislature,Scorsone advocated for measures to protect the wellbeing of Kentuckians and to ensure equal treatment for all. Among his accomplishments while serving in the General Assembly:
In November 2007 he was named to Governor-elect Steve Beshear's transition team. [2]
His leadership on LGBT issues has been extensive and has marked much of his career. He led the legal battle to overturn Kentucky's sodomy statute and a successful legislative fight against a constitutional amendment to reinstate the law. Scorsone successfully worked to amend the state's penal code to include,the first time,a hate crime provision based on sexual orientation and helped organize the campaign for a fairness ordinance in Lexington to protect employment,housing and accommodation. He successfully petitioned and helped draft a gubernatorial executive order in 2003 protecting LGBT state employees from job discrimination.
On August 7,2008,Governor Steve Beshear appointed Scorsone as Fayette Circuit Court Judge. In November of that year,he was elected to the post without opposition. Among other accomplishments as a circuit judge,he initiated a conciliation conference process to avoid home foreclosures in Fayette County.
In March 2016,the Kentucky Department of Health and Family Service's claim,as argued by Louisville attorney and general counsel to the Kentucky office of Kentucky's governor Matt Bevin,that the clinic was operating in unsanitary conditions and conducting abortions without an ambulance agreement,which both health inspection and an ambulance agreement are both required of all facilities that solely perform abortions. The defense attorney,Mr. Scott White,asserted that the EMW provides other necessary women's care that would classify the clinic as a general health facility,not an abortion clinic,including providing mammograms and other care. [3]
The inspection that reported the unsanitary conditions was initiated by an anonymous call to the Kentucky Department of Health and Family Services. The testimony from the two inspectors later disclosed to the attorney for EMW of Lexington,Mr. Scott White,later revealed that the anonymous call was from the office of the governor,Matt Bevin,and whose office instructed the inspectors not to return without finding something. Judge Scorsone denied the Kentucky Department of Health and Family Service's request for a temporary injunction to close the EMW Women's Clinic,citing the undue burden to the people's right to have an abortion and the closure of the clinic would have a disproportional impact to Kentucky by the clinic being only one of two facilities that will provide an abortion within the state. This ruling was subsequently overturned by a unanimous decision by the Kentucky Court of Appeals,ruling that "the circuit court's findings and conclusions are clearly erroneous" and that the case was not about "seeking to prevent women from obtaining abortions," but instead was about the state's right to "regulate the manner in which abortions are performed in this commonwealth." [4]
In May 2017,Judge Scorsone held a hearing upon a defendant's pre-trial motion asserting an applied challenge to the death penalty brought forth within Commonwealth of Kentucky v. Travis Bredhold,who was 18 years and 5 months old when he was charged in 2013 with murder and robbery in the fatal shooting of a Marathon gas station attendant. The pre-trial motion brought forth by the defense counsel asserted that the evolving standards of science have produced evidence that those under twenty-one (21) years of age is still ongoing with mental development,including both in rational and emotional mental faculties. Therefore,in light of the scientific evidence,the evolving standards of decency would preclude the death penalty within the Commonwealth's case since the defendant was under the age of twenty-one (21) years old at the time of the crime. In August 2017,Judge Scorsone issued an order ruling in favor of the motion declaring the death penalty unconstitutional. Judge Scorsone also applied the decision consistently to other cases involving similar defendants,including a case against Justin Smith and Efain Dias,who,along with juvenile co-defendant Roman Gonzales,who is being tried as an adult,were indicted in the murder of University of Kentucky student and Kentucky Kernel photographer,Jonathan Krueger,in the course of a robber on Maxwell Street in 2015. Bredhold's defense team asked Scorsone to extend that exclusion to people 21 and younger. Prosecutors argued that the death penalty is constitutional and argued that there is no national consensus with respect to offenders under 21. [5]
"Contrary to the commonwealth’s assertion,it appears there is a very clear national consensus trending toward restricting the death penalty,especially in cases where defendants are 18 to 21 years of age," Scorsone wrote in his opinion. The judge cited research showing that 18- to 21-year-olds are less culpable for the same reasons that the U.S. Supreme Court found teens under 18 to be. The age group lacks maturity to control their impulses and fully consider risks,making them unlikely to be deterred by knowledge of likelihood and severity of punishment,the judge wrote. In addition,they are susceptible to peer pressure and emotional influence. And their character is not yet well formed,"meaning that they have a much better chance at rehabilitation than do adults," the judge wrote. "Given the national trend toward restricting the use of the death penalty for young offenders,and given the recent studies by the scientific community,the death penalty would be an unconstitutionally disproportionate punishment for crimes committed by individuals under 21 years of age," Scorsone wrote.[ citation needed ]
In 2018,the Kentucky Supreme Court bypassed the Kentucky Court of Appeals to grant cert upon the question and to hear the case. While the case is still pending,Travis Bredhold's trial is now set to begin June 1,2020. The judge blocked off four weeks for the trial. [6]
Judge Scorsone swore in Lexington's new mayor,Linda Gorton,at the University of Kentucky on January 6,2019. [7]
Scorsone's civic activities include service with numerous organizations that support the Lexington/Fayette County community and its citizens as well as Kentuckians' interests statewide. He has particularly focused on issues related to health care,gender bias and LGBTQ initiatives. He was a founder of JustFundKY, [8] a nonprofit education organization,and led the organization's fundraising campaign that created an endowment of more than $1 million to fund anti-discrimination efforts in Kentucky.
Scorsone has been recognized by the Kentucky Human Rights Commission [9] (named to the Civil Rights Hall of Fame [10] ),the Kentucky Conference for Community and Justice,the American Heart Association,the Bluegrass Chapter of the Kentucky Fairness Alliance,the Kentucky Association of Criminal Defense Lawyers and was designated "One of Ten Best Legislators" by the Lexington Herald-Leader. He is a recipient of the Charles W. Anderson Medal, [11] named for Kentucky's first African-American legislator to recognize an extraordinary commitment to freedom and justice.
Ernest Lee Fletcher is an American physician and politician who was the 60th governor of Kentucky from 2003 to 2007. He previously served three consecutive terms in the United States House of Representatives before resigning after being elected governor. A member of the Republican Party,Fletcher was a family practice physician and a Baptist lay minister and is the second physician to be elected Governor of Kentucky;the first was Luke P. Blackburn in 1879. He was also the first Republican governor of Kentucky since Louie Nunn left office in 1971.
Stephen Roberts Nunn is an American convicted murderer and former politician who served as the Deputy Secretary of Health and Family Services for the Commonwealth of Kentucky.
The Freedom of Access to Clinic Entrances Act is a United States law that was signed by President Bill Clinton in May 1994,which prohibits the following three things:(1) the use of physical force,threat of physical force,or physical obstruction to intentionally injure,intimidate,interfere with or attempt to injure,intimidate or interfere with any person who is obtaining an abortion,(2) the use of physical force,threat of physical force,or physical obstruction to intentionally injure,intimidate,interfere with or attempt to injure,intimidate or interfere with any person who is exercising or trying to exercise their First Amendment right of religious freedom at a place of religious worship,(3) the intentional damage or destruction of a reproductive health care facility or a place of worship.
The University of Kentucky J. David Rosenberg College of Law,also known as UK Rosenberg College of Law,is the law school of the University of Kentucky located in Lexington,Kentucky. Founded initially from a law program at Transylvania University in 1799,the law program at UK began operations in 1908;it was one of the nation's first public law schools. In 1913,the college became the first in the nation to institute a trial practice program,and is host to the tenth-oldest student-run law review publication in the United States. The dean of the College of Law is Mary J. Davis,who happens to be the first woman dean of the Rosenberg College of Law.
The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms,as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline:for that right,see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism;for that,see Timeline of feminism.
This is a timeline of reproductive rights legislation,a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following:the right to legal or safe abortion,the right to birth control,the right to access quality reproductive healthcare,and the right to education and access in order to make reproductive choices free from coercion,discrimination,and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections,and freedom from coerced sterilization,abortion,and contraception,and protection from practices such as female genital mutilation (FGM).
As established and defined by the Kentucky Constitution,the government of the Commonwealth of Kentucky is composed of three branches:the Executive,Judicial,and Legislative.
The following outline is provided as an overview of and topical guide to the United States Commonwealth of Kentucky:
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions,others permit it up to a certain point in a woman's pregnancy,while others allow abortion throughout a woman's pregnancy. In states where abortion is legal,several classes of restrictions on the procedure may exist,such as parental consent or notification laws,requirements that patients be shown an ultrasound before obtaining an abortion,mandatory waiting periods,and counseling requirements.
Lesbian,gay,bisexual,and transgender (LGBT) persons in the U.S. commonwealth of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity is legal in Kentucky,although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision,which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country,was handed down on June 26,2015.
Matthew Griswold Bevin is an American businessman and politician who served as the 62nd governor of Kentucky from 2015 to 2019 and was the third Republican elected to that office since World War II. He is currently the CEO of Neuronetrix Solutions,LLC.
Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26,2015. The decision,which struck down Kentucky's statutory and constitutional bans on same-sex marriages,was handed down on June 26,2015,and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.
A general election was held in the U.S. state of Kentucky on November 3,2015. All of Kentucky's executive officers were up for election. Primary elections were held on May 19,2015.
Andrew Graham Beshear is an American attorney and politician who has served as the 63rd governor of Kentucky since 2019. A member of the Democratic Party,he is the son of former Governor Steve Beshear.
The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes,such as reforms through new interpretations of laws by precedents.
Timothy Neil Philpot is an American lawyer,author and judge. He was elected to serve as a family court circuit judge in Fayette County,Kentucky in 2004,and again in 2006 and 2014,in the latter case with a term expiring in January 2023. He previously served as a Republican member of the Kentucky Senate from 1993 to 1998 and as the president of Christian Business Men's Connection from 1996 to 2003. As a judge,Philpot has been criticized for making controversial statements about LGBT people but also has been defended as not allowing his social views to influence his judicial decisions. Philpot is an author of a semi-autobiographical novel drawing on cases he has heard and his experiences as a judge,explored from his socially conservative Methodist perspective.
The 2019 Kentucky gubernatorial election took place on November 5,2019,to elect the governor and lieutenant governor of Kentucky. The Democratic nominee,Kentucky Attorney General Andy Beshear,defeated Republican incumbent Matt Bevin by just over 5,000 votes,or 0.37%,making this the closest gubernatorial election in Kentucky since 1899 by total votes,and the closest since 1915 by percentage. It was also the closest race of the 2019 gubernatorial election cycle.
Abortion in Texas is illegal in most cases. There are exceptions to save the mother's life,or prevent "substantial impairment of major bodily function",but the law on abortion in Texas is written in such an ambiguous way that it is unclear to physicians what health harms to the mother constitute an exception. This has prompted expecting mothers with health complications to leave the state or forced them to give birth while jeopardizing their health. The legal status of abortion in Texas is due to a trigger law passed in July 2021 that came in effect on August 25,2022,as a consequence of the U.S. Supreme Court's 2022 decision Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade. The law makes no exception for pregnancies resulting from rape or incest.
Abortion in Kentucky is illegal. There were laws in Kentucky about abortion by 1900,including ones with therapeutic exceptions. In 1998,the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s,members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019,Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. In that year,57% of people in Kentucky said abortion should be "illegal in all or most cases." A bill passed and made effective in April 2022 lowered the threshold to 15 weeks,the second most restrictive limit in effect in the United States behind Texas,and introduced regulations that made abortion illegal until it was blocked in federal court.
Cameron v. EMW Women's Surgical Center,P.S.C.,595 U.S. ___ (2022),was a United States Supreme Court case related to the ability of state officials to intervene to defend the constitutionality of state laws.