At the hearing, questions were raised about what factors contribute to defining an assault based on discrimination and the potential need for a definition of “sexual orientation,” which recognizes transgender and increased understanding of more fluid expressions of sexuality.Video of arguments before the Nebraska Supreme Court is below. The Duncan appeal starts at about the 24:10 mark.
“Do we have to adopt a new definition or standard?” asked Chief Justice Michael Heavican at one point. Most of the seven judges in session asked what the attorneys arguing opposite sides of the case would add to an opinion that would give guidance to judges in future cases. At other times they wondered aloud if it would require a change in law from the state legislature.
Tuesday, March 22, 2016
NE hate crime law could change after assault on gay-friendly straight Marine, Ryan Langenegger