Joshua A. Newville

Last updated
Joshua A. Newville
Joshua A. Newville.webp
Born (1984-08-09) August 9, 1984 (age 39)
NationalityAmerican
OccupationAttorney
Known forCivil rights litigation, Podcasting

Joshua A. Newville, known as simply Josh Newville (born August 9, 1984), [1] is an American attorney, mediator, adjunct law professor, and investigative podcaster. He owns Newville PLC, a Minneapolis, MN-based law firm that focuses on employment law, civil rights and mediation. [2] [3]

Contents

Education

Newville earned his J.D., cum laude, from University of Minnesota Law School and his B.A. in Political Science from the University of Minnesota. [4] [5]

Same-sex Marriage Litigation

In 2014, Newville gained national attention for taking on the last two unchallenged state bans on same-sex marriage in the United States. [6] [7] [8]

On May 22, 2014, Newville filed a federal lawsuit, Rosenbrahn v. Daugaard , on behalf of six same-sex couples against South Dakota officials, seeking the right to marry and recognition of marriages performed in other jurisdictions. [9]

On June 6, 2014, Newville filed a similar lawsuit, Ramsay v. Dalrymple , on behalf of seven same-sex couples in North Dakota. [10]

U.S. District Court Judge Karen Schreier heard arguments in Rosenbrahn v. Daugaard on October 17, 2014. The state defendants argued she was bound by the United States Court of Appeals for the Eighth Circuit's decision in Citizens for Equal Protection v. Bruning (2006), which Newville argued did not address the questions the plaintiffs raised in his case. [11] On November 14, Judge Schreier denied the defense's motion to dismiss. [12] She found that the U.S. Supreme Court's decision in Baker V Nelson was no longer valid precedent and that Bruning did not address due process or the question of a fundamental right to marry. She dismissed the plaintiffs' claim that South Dakota violated their right to travel. She set a briefing schedule to conclude December 8. [13]

On January 12, 2015, U.S. District Court Judge Karen Schreier granted Newville's motion for summary judgment in Rosenbrahn v. Daugaard , striking down South Dakota's ban on same-sex marriage but putting a stay on her order until appeals were exhausted. [14] South Dakota Attorney General Marty Jackley immediately announced that he would appeal the decision to the United States Court of Appeals for the Eighth Circuit. [15] The Court of Appeals later affirmed Judge Schreier's opinion following Obergefell v Hodges . [16]

After the first same-sex marriage licenses were issued in South Dakota on June 26, 2015, Newville told reporters that he was ecstatic for his clients and as a gay man himself. [17]

On June 29, 2015, the U.S. District Court in North Dakota issued an order in Ramsay v. Dalrymple holding that North Dakota’s ban on same-sex marriage was unconstitutional. [18]

Other Notable Civil Rights Cases

In 2016, Newville represented a whistleblower and helped the government recover $6.2M in a Medicare fraud case. [19] Newville's client was awarded more than $1.2 million. [20]

In 2017, Newville won a case at the Minnesota Supreme Court that clarified that undocumented workers are entitled to protection under a Minnesota law that prohibits retaliatory employment discharge. [21] [22]

In 2021, Newville won summary judgment for a police shooting victim against the Las Vegas Metropolitan Police Department. [23] [24] After U.S. District Court Judge Richard F. Boulware found in favor of Newville's client, the case settled for $525,000. [25] [26]

In 2023, Newville won an Equal Rights case at the State of Wisconsin Labor & Industry Review Commission that clarified the standard in criminal record employment discrimination cases in Wisconsin. [27]

Missing Persons Podcast

Newville hosts an investigative podcast about missing persons. [28] The first season debuted in 2022 and uncovered new leads in the 2002 disappearance of 20-year-old college student Joshua Guimond from College of Saint Benedict and Saint John's University. [29] [30]

Related Research Articles

Liberty Counsel is a 501(c)(3) tax-exempt religious liberty organization that engages in litigation related to evangelical Christian values. Liberty Counsel was founded in 1989 by its chairman Mathew Staver and its president Anita L. Staver, who are attorneys and married to each other. The Southern Poverty Law Center has listed Liberty Counsel as an anti-LGBT hate group, a designation the group has disputed. The group is a Christian ministry.

Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.

<span class="mw-page-title-main">2008 California Proposition 8</span> Ballot proposition and state constitutional amendment passed in November 2008

Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.

Same-sex marriage has been fully recognized in Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

<span class="mw-page-title-main">LGBT rights in Minnesota</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Minnesota have the same rights and responsibilities as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. By legislation passed in 1997, it denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

This is a list of events in 2011 that affected LGBT rights.

<span class="mw-page-title-main">LGBT rights in Iowa</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.

<span class="mw-page-title-main">LGBT rights in Virginia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the Commonwealth of Virginia enjoy the same rights as non-LGBT persons. LGBT rights in the state are a recent occurrence with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.

<span class="mw-page-title-main">LGBT rights in North Dakota</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.

<span class="mw-page-title-main">LGBT rights in South Dakota</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

<span class="mw-page-title-main">History of gay men in the United States</span>

This article addresses the history of gay men in the United States. Unless otherwise noted, the members of same-sex male couples discussed here are not known to be gay, but they are mentioned as part of discussing the practice of male homosexuality—that is, same-sex male sexual and romantic behavior.

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten. Same-sex marriage will be recognised in Estonia by 2024.

Same-sex marriage has been legal in North Dakota since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which invalidated state bans on same-sex marriage throughout the United States. Until then, North Dakota had restricted marriage to the "union of one man and one woman" both by statute and in its State Constitution.

Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.

This is a list of notable events in the history of LGBT rights that took place in the year 2015.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

The history of LGBT residents in South Dakota spans back to precolonial Native American times, but has become much more visible in the 21st century.

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

References

  1. https://www.facebook.com/joshnewville "Facebook" Retrieved November 14, 2014. [ user-generated source ]
  2. University of Minnesota Law School profile. Retrieved June 3, 2023
  3. Newville PLC profile Retrieved June 3, 2023
  4. "South Dakota sued over same-sex marriage ban". Argus Leader. Retrieved 2023-05-03.
  5. "Attorney & Mediator | Joshua Newville". Newville PLC. Retrieved 2023-05-03.
  6. http://blog.pfaw.org/content/Dakotans-File-Suit-All-Fifty-States-Now-Have-Either-Marriage-Equality-or-a-Legal-Challenge-in-Progress People For The American Way. Retrieved November 10, 2014.
  7. "Meet the guy who may take the last unchallenged gay marriage bans to court". Washington Post. Retrieved 2023-02-17.
  8. Winter, Michael. "Lawsuit challenges North Dakota gay marriage ban". USA TODAY. Retrieved 2023-02-17.
  9. "Gay couples sue South Dakota to overturn same-sex marriage ban". MSNBC.com. Retrieved 2023-05-03.
  10. "Nation's last unchallenged gay marriage ban brought to court". Washington Post. Retrieved 2023-05-03.
  11. Young, Steve. "No quick decision made in S.D. gay marriage lawsuit". Argus Leader. Retrieved 2023-05-03.
  12. "FOX 9 Minneapolis-St. Paul". FOX 9 Minneapolis-St. Paul. 2023-05-01. Retrieved 2023-05-03.
  13. "4:14-cv-04081 #38 - Order | PDF | Baker V. Nelson | Suspect Classification". Scribd. Retrieved 2023-02-17.
  14. (January 12, 2015). https://www.nytimes.com/aponline/2015/01/12/us/ap-us-gay-marriage-south-dakota.html?_r=0 The New York Times. Retrieved January 15, 2015.
  15. "Same-Sex Marriage Rights Attorney Applauds Win But Will Challenge Stay". SDPB. 2015-01-13. Retrieved 2023-02-17.
  16. Rosenbrahn, et al. v. Dougaard, et al. (Aug 11, 2015). https://ecf.ca8.uscourts.gov/opndir/15/08/151186P.pdf U.S. Court of Appeals. Retrieved January 10, 2022.
  17. reports, Staff and wire. "First same-sex marriage license issued in South Dakota". Argus Leader. Retrieved 2023-02-17.
  18. "SSA - POMS: PR 02712.037 - North Dakota - 03/10/2020". secure.ssa.gov. Retrieved 2023-02-17.
  19. Cruz, Jessica de la. "Osceola company pleads guilty to manipulation of test data and obstruction of Health Dept. oversight". Amery Free Press. Retrieved 2023-02-17.
  20. Newville PLC (Oct 27, 2016) https://www.newville.com/post/newville-whistleblower-case-leads-to-6-2-million-recovery-defendant-ceo-faces-up-to-one-year-in-p Retrieved June 3, 2023.
  21. "FindLaw's Supreme Court of Minnesota case and opinions". Findlaw. Retrieved 2023-02-17.
  22. Tribune, Mila Koumpilova Star. "Threat of deportation hangs over wrongful firing lawsuit". Star Tribune. Retrieved 2023-02-17.
  23. "He was naked and running away when police shot him. Metro now owes him $525K". Las Vegas Review-Journal. 2021-12-27. Retrieved 2023-02-17.
  24. "Funke v. Hatten, Case No. 2:19-cv-01335-RFB-EJY | Casetext Search + Citator". casetext.com. Retrieved 2023-02-17.
  25. Beals, Monique (2021-12-28). "Las Vegas police to pay $525K settlement to man who was shot while running away". The Hill. Retrieved 2023-02-17.
  26. "Las Vegas police reach massive settlement over shooting involving naked man". Associated Press. 2021-12-28. Retrieved 2023-02-17.
  27. "Fair Employment Decision (Lane v. Bellin)" (PDF). State of Wisconsin Labor & Industry Review Commission. 2023-03-16. Retrieved 2023-10-14.
  28. "Simply Vanished". Simply Vanished. Retrieved 2023-06-03.
  29. "20 years after Josh Guimond's disappearance, podcast turns up new leads". MPR News. 2022-07-20. Retrieved 2023-06-03.
  30. "Podcast reveals new info on Josh Guimond missing person case". Kare 11 News. 2022-06-20. Retrieved 2023-06-03.