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Newspaper
Cedar Rapids Gazette
Location
Cedar Rapids, Iowa, United States of America
Date
May 19, 1983
Page
8
The Iowa Supreme Court issued a set of decisions Wednesday covering various civil and criminal matters. Opinions address issues from contract disputes to sentencing, with several cases highlighting state and county interests and notable dissents.
The Iowa Supreme Court ruled that the state civil rights law does not cover transsexuals. The decision says the Legislature did not intend to include transsexuals in discrimination prohibitions and that transsexualism is not a disability. Audra Sommers, a male dressed as a female, sued after the Iowa Civil Rights Commission dismissed her complaint. Sommers plans sex-change surgery and seeks recognition as female.
The Iowa Supreme Court affirmed Steven Tobin's conviction for second-degree theft in Cedar Rapids. The court rejected claims of double jeopardy and ineffective counsel, ruling prior convictions not part of the offense. Tobin, 35, is serving 25 years at Fort Madison.
The Iowa Supreme Court ruled Linn County Judge Koehler erred in dismissing Leaseamerica Corporation's suit against the Department of Revenue. The court said agency director appeals were not mandatory, allowing continued court action on use taxes plus penalties and interest assessed Dec 26, 1979. Leaseamerica filed suit Dec 24, 1981 after protests and a hearing officer decision.
The Carroll school district did not discriminate against Jewish teacher Benjamin King. He used two personal days and was docked a day's pay for missing Rosh Hashanah and Yom Kippur in 1977. The court upheld the district policy of religious leaves and contract terms.
The Iowa Supreme Court split 5-4 to allow Louis Cunha to pursue a $1 million suit against prosecutors after a federal court freed him in 1971 following a 1979 Supreme Court ruling. Justices did not rule on the claim that earlier conviction was valid.
Iowa counties will keep about 70 to 80 percent of delinquent taxes owed by Rock Island and Milwaukee Road railroads, not the state, per the Iowa Supreme Court. The 1980 law aimed to fund the Iowa Railway Finance Authority and applies to taxes after its passage.
Iowa could lose 4.7 million next year if Congress repeals a plan to withhold taxes on interest and dividends. Gov. Branstad aides say officials are watching Washington and seek an alternative revenue method. The House voted to repeal the 1982 withholding law, with White House opposition and possible veto concerns.
Central Community High School students Mike Matt and Chad Connelly are among five prize winners in a U. S. Navy crest design contest for the battleship USS Iowa. Winners receive a $50 savings bond and ship image, with grand prize to be announced and a trip to Pascagoula for recommissioning ceremonies after the ship’s $500 million modernization.
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