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Attorney General Under Pressure as First Gay Divorce in Florida Challenges Same-Sex Marriage Ban

There are approximately 46,523 divorces filed each week in the United States, but one historic divorce in Florida last week has sparked renewed discussions about civil rights. The reason? It was the first formal divorce granted to a gay couple in Florida history.

The southern state has been locked in a debate over the constitutionality of its same-sex marriage ban since it was written into the constitution in 2008, much to the detriment of Heather Brassner and Megan Lade. Brassner pursued a divorce from her estranged partner for five years before Broward County Curcuit Judge Dale Cohen finally dissolved their civil union last week.

Cohen made waves in August when he ruled that Florida’s gay marriage ban violated the equal protection and due process guaranteed by the Constitution’s Fourth Amendment. He joined several other judges across the state in declaring the ban unconstitutional.

So what does this mean for gay marriage in the state?

There’s still a ways to go before same-sex marriage licenses will be issued in Broward County. Nevertheless, the ruling will have wider ramifications; out-of-state gay marriages will have to be recognized in Florida now, for instance.

“This is a historic day,” Brassner’s attorney Nancy Brodzki told Wink News. “This is the first divorce for a same-sex couple. It will not be the last divorce.”

Brodzki suspects that Attorney General Pam Bondi will appeal the decision, as she has for many that rejected the gay marriage ban. So far Bondi hasn’t responded, likely because her office is fighting detractors of the same-sex marriage ban on several fronts.

U.S. District Judge Robert Hinkle declared the same-sex marriage ban unconstitutional as well, but Bondi filed an emergency petition to keep the ban in place until Jan. 5 to give her time to appeal the decision.

Bondi claims that striking down the ban would result in two sets of marriage laws and general confusion between different counties.

Woman Seeking to Trademark “I Can’t Breathe,” Eric Garner’s Dying Words and Rallying Cry of Protesters

An Illinois woman is trying to trademark Eric Garner’s last words — “I can’t breathe” — for use on T-shirts and hoodies.

On July 17, white police officers confronted 43-year-old African-American Eric Garner over the distribution of unlicensed cigarettes. A friend of Garner’s caught the incident on video. Though Garner resisted arrest, he did so non-violently, saying “Every time you see me you want to arrest me, I’m tired of this. This stops today… I didn’t do nothing… I’m minding my business, officer…”

Officer Daniel Pantaleo then placed his left arm around Garner’s neck, and his right arm up below Garner’s right arm, who then fell. As Pantaleo and three other white officers tell Garner to put his hands behind his head, Garner repeatedly tells them “I can’t breathe,” which then became his final words.

On December 3, a grand jury decided not to indict Pantaleo, prompting protesters across the nation to take action. They have been rallying under Garner’s dying words. They put the phrase on signs and t-shirts, which are a great way to unify groups and organizations, and took to the streets to protest.

On December 13, 57-year-old Catherine Crump — who is not in any way related to the late Garner — applied for a legal registration of the phrase that has become a symbolic slogan for the masses protesting racism and police brutality.

According to The Smoking Gun, Crump says she hadn’t consulted with Garner’s before filing her trademark application, but that she isn’t seeking to profit off of the phrase. However, Crump also claims in her trademark application to have been using the phrase commercially since August 18. She also declined to explain what other possible motive she could have for wanting to trademark the rallying cry.

“If she’s not the first person to make these T-shirts, she’s going to be out of luck,” said University of Chicago law professor Jonathan Masur. He explained that if she was not the first person to print “I Can’t Breathe” on a t-shirt or hoodie, then she won’t receive the trademark, even if she was the first person to submit a trademark application for it and regardless of whether or not anyone else files.

If she does win the trademark, others who produce t-shirts or hoodies with “I Can’t Breathe” would have to pay royalties to her. The trademark, according to Masur, could conceivably “be worth a considerable amount of money. They could make a tidy sum.”

Luckily for protesters, the trademark only applies to its use on the clothing identified in the application — t-shirts and hoodies — and wouldn’t prevent them from using it on other material goods, such as protest signs, so it could still be used at demonstrations.

“You don’t get absolute monopoly rights over the words you trademark,” said Loyola University law professor Cynthia Ho, “because that would violate the basic premise of free speech.”

New Mortgage Guidelines Make Buying a Home Much Easier

Buying a new home just got a little easier for some people in the U.S., thanks to new offerings from mortgage giants Fannie Mae and Freddie Mac. The new guidelines do have restrictions, but are aimed at young, first-time home buyers who may not have a large lump sum for a down payment.

Fannie Mae and Freddie Mac announced the proposals for the new mortgage rates in October, but the plans are slated to go into effect in December 2014 and March 2015, respectively. According to the New York Times, the new rate offers home buyers a chance at a very small down payment — a paltry 3%.

This is good news for a number of potential home owners who have been unable to make larger down payments; however, critics of the 3% mortgage say that it could cause a new housing crisis similar to the one that occurred a few years ago, which was caused by easy lending.

Proponents of the 3% mortgage say that it is offering more first-time home ownership to people who would otherwise be unable to buy a house. The Fannie Mae guidelines stipulate that the borrower cannot have owned a home in the last three years, and that the home must be a single unit with a fixed-rate term. Freddie Mac requires potential home owners to go through a homebuying education program. There are also, of course, minimum credit scores for eligibility.

Another part of these programs that alleviates the financial burden of home ownership is that under the Fannie Mae and Freddie Mac 3% programs, home owners are able to cancel their private mortgage insurance premiums when the mortgage drops below 80% of the value of the home.

This is in addition to the savings that homeowners should also look into the reduce the amount they’re paying for homeowner’s insurance. Installing sprinkler systems, smoke alarms, and deadbolt locks can save a home owner up to 20%. There are a number of other different measures to take, but these typically depend on the state the homeowner lives in and the deductibles that the insurer offers.

Ruble Woes Continue as IKEA Resumes Sales in Russia

International furniture giant IKEA announced that it has resumed selling kitchen appliances and furniture in Russia. Sales were suspended on Thursday, after increased demand proved too much for the company to meet.

On its website, IKEA announced that “Sales of kitchen furniture and appliances are now resumed in all IKEA Russia stores. Prices on the site are currently being updated, therefore they may differ from prices in stores.”

IKEA, along with several other companies, announced price increases in Russia after the ruble fell sharply in value. Apple also suspended sales in the country to keep up with the decreasing currency value, and several car companies, including Jaguar, Audi, Land Rover and General Motors have suspended their shipments as well.

Furniture manufacturing generates about $20 billion a year for the U.S., making it a booming market. But in Russia, where the value of the ruble has plummeted by over 40% in the past year due to falling oil prices and the Ukraine conflict, furniture sellers like IKEA are struggling to adjust prices to reflect the economic conditions.

The impending price hikes have caused a spending panic in Russia, as citizens scramble to pick up valuable goods at lower prices while they’re still available. The sudden dramatic increase in demand forced IKEA to halt kitchen furniture and appliance sales to keep up with orders.

CNN Money points to IKEA’s popular Billy bookshelf as a prime example. The product costs 1,900 rubles on the IKEA website, equivalent to about $30. It cost the equivalent of $62 before the ruble value plummeted, and the same shelf costs $59.99 in the U.S.

Many Russians looking for a deal like this may already be too late, since many retailers have already adjusted their prices. IKEA plans to change prices gradually as it restarts sales starting on Dec. 20. Inflation is expected to push prices even higher, especially for food. McDonald’s prices have already been raised.

So far none of the businesses have pulled out of Russia.

Experts Weigh in on Charitable Giving Dos and Don’ts for the Holiday Season

With the holiday season underway in the United States, many Americans are looking to help the less fortunate by donating to local and national charity organizations. But experts are warning donors to be cautious with their resources this year, in order to make sure that their donations have the maximum positive impact.

Some Americans may choose a charity simply for the tax deduction their contribution will provide at the end of the year. But this kind of quick thinking and lack of research is exactly what some less reputable charities benefit from.

Dr. Ronald Pitcock teaches an honors course on the nature of giving at Texas Christian University in Fort Worth. He warns that a “bad” charity will quite literally bank on the sympathy of others. “They know many donors will almost immediately give from trusting hearts before ever checking the organization,” he says.

Pitcock and other experts say that putting a bit of time into researching an organization can help put an end to abusive, not charitable, practices and redirect donations to more responsible organizations.

Jim Hegarty, president and CEO of Nebraska’s Better Business Bureau, explains that the organization also rates charities on its affiliate site, Give.org, to help donors with that research.

Hegarty says the process is fairly straightforward in the BBB’s ratings. The BBB applies 20 standards for charity accountability in the areas of governance, finance, effectiveness, fundraising, and transparent information.

In order to qualify for a BBB accreditation, Hegarty says organizations need to meet those 20 standards. Additionally, “Sixty-five percent of all the money [they] take in needs to go to the actual services the charity is supporting,” Hegarty says, without using too much of those funds on solicitors or for fundraising efforts.

Anna Helhoski, a writer for blog NerdWallet, suggests choosing a charity that uses approximately 80% of their funding for programs, as all groups need to pay for administrative costs and fundraising efforts. Helhoski cautions donors to stay away from organizations that use vague language, like saying only that “a portion of your donation” will be used.

Whether or not the organization reports to the BBB, donors should look for transparency when researching charities. Many organizations display their tax return information online to give the public an idea of how their funds are used.

Donors should also look to give to a cause that means something to them personally. There are over 1.4 million charity organizations in the United States, according to the National Center for Charitable Statistics, so there should be something for everyone.

Many organizations are looking for monetary donations in order to help others get through the winter. Michael Smith, the president and CEO of Goodwill of Southwestern Pennsylvania, says that his organization receives more donations during the winter months than other times of the year, even though they accept donations year-round.

Those who don’t have extra cash to spare can consider other ways to donate, such as giving clothing, household goods, food, and toys for children.

U-Va President Promises Action, But Will the Plans Be Enough?

In the wake of a staggering controversy that rocked the campus, the University of Virginia plans to move ahead with plans to improve campus security, rein in alcohol abuse, reform its Greek life culture, and stop sexual assault.

According to U-VA President Teresa A. Sullivan, the university has several measures planned. First, it plans to deploy uniformed “ambassadors” around campus to escort students home or provide other help on weekends. Second, it plans to hire more counselors to help students work through any traumatic sexual assault experiences. Third, U-VA plans to revise its written agreements with fraternities, ensuring that safety becomes the top priority.

“When you have more officers and more eyes and ears there, it can help with all kinds of difficult situations,” said Sullivan.

These were just a few of the action items Sullivan discussed in a one-hour interview with the Washington Post, which was her most comprehensive interview since the Rolling Stone article that launched the controversy. In that article, Rolling Stone accused the U-VA of responding with apathy towards sexual assault victims. Recently, the magazine had to publish an apology for “discrepancies.”

Alcohol, however, has proven to be a trickier issue. While Sullivan did say she was sympathetic to those want to crackdown on underage drinking, she fears a heavy hand might have unintended, devastating consequences.

“I don’t want students to be so afraid of police that they won’t call police when they’ve got a friend who’s in trouble,” she said. “But I think respect for the law is also an important thing for us to instill in our young people.”

Though she does have a point, the issue of drinking certainly does need to be addressed. Not only is alcohol abuse a crisis across the nation, it’s an issue plaguing the microcosm of campus life. Alcohol is the number one drug problem in the United States, after all. And what’s more, a study from the National Institute on Alcohol Abuse and Alcoholism found that about 40% of college students binge-drink.

The reason it needs to be addressed is because it’s been linked time and time again to sexual assault on college campuses. A 2013 study titled “The Relationship Between Alcohol and Sexual Assault on the College Campus” states that “As alcohol use became more problematic, the chances of a student reporting that they had been sexually assaulted increased as well … Conversely, experiencing [sexual assault] may impact drinking rates, as those who answered, ‘Yes’ or ‘Not Sure’ to being a victim of [sexual assault] were more likely to be high-risk [drinkers] (33% and 29%) and problematic drinkers (9% and 8%).”

While these action items are certainly a good step forward, they may not prove to be enough. If U-VA wants to accomplish its goals, it’s likely going to have to tackle underage drinking, too.

Americans: Be Prepared to Use the Credit Cards That the Rest of the World Already Uses… by Next October

American credit card holders have long been used to swiping their cards to pay for purchases, with their data being read from the magnetic stripe on the card. But by next year, credit card issuers plan to roll out the computer-chip-based cards that the rest of the world uses for their credit card transactions.

The switch will be part of an effort to curb the fraudulent transactions and consumer data breaches that often occur from magnetic stripe cards.

The Aite Group, a financial research firm, reports that as much as 37% of credit card fraud in the United States is attributed to counterfeit magnetic stripe cards. Because those cards contain unchanging information, the data can be copied to other cards easily and used in fraudulent transactions.

The magnetic stripe card has been replaced by with a small integrated circuit embedded within the card in most other countries in the world. These are similar to the cards used in electronic voting machines in the U.S.

Those credit cards are referred to in other parts of the world as EMV cards, which take their name from the three financial companies that introduced this new standard — Europay, MasterCard, and Visa. The latter, Visa, is the most popular brand worldwide, accounting for roughly 52% of all payment volume globally.

The cards generate new data with each transaction, effectively making counterfeiting impossible. They are used the same as the magnetic stripe cards: they are inserted into the machine and require a customer signature or a PIN (personal identification number) in the case of debit cards.

The proposed change comes at a time when the payments industry is undergoing big changes. One major player, Apple Pay, has introduced convenient mobile payments in a way that doesn’t compete directly with existing credit card issuers, and which allows companies to keep their merchant fees.

MasterCard, Visa, Discover and American Express have established an Oct. 1, 2015 deadline to make the switch to EMV cards. At fuel pumps, however, the deadline for the switch won’t occur until 2017, due to the complexity of EMV compliance.

Once the deadline arrives, the liability for credit card fraud will shift to the least EMV-compliant party in the transaction. In many cases, this will be the merchant — if they haven’t switched their old PIN machines to new EMV card machines.

Stretch of Highway 62 Closest to Arizona Border Found to Be 12 Times More Deadly Than the Average Road

On Feb. 18, 2011, a black pickup truck sped through a red light at Highway 62’s intersection with Yucca Mesa Road. The truck crashed into the left side of bus driver Johannes Gysen’s minivan, pinning Gysen inside his vehicle.

The pickup, driven by Kimberly Mendelez, had been speeding through the desert at 70 mph.

Marijuana, which was found in Mendelez’ bloodstream following the crash, is known for triggering neurogenesis — but when combined with the cocktail of painkillers and psychoactive drugs also present in her bloodstream, it’s unlikely that any brain cells were being generated.

It took approximately 20 minutes to cut Gysen out of his vehicle, and he succumbed to his injuries in the ambulance on the way to the hospital. Mendelez and her five-year-old daughter were uninjured in the crash.

While it may have been a tragedy, it certainly wasn’t an uncommon occurrence on Highway 62’s winding pathway through the desert between the Arizona border and the Coachella valley. The crash that claimed Gysen’s life was just one of an astonishing 182 deaths that have happened on Highway 62 since 2002, a new investigation by the Desert Sunreports.

The stretch of Highway 62 that runs between Parker and Twentynine Palms may be the deadliest area along this road. With 16 vehicle fatalities taking place from 2002 to 2012, Parker’s portion of Highway 62 is 12 times deadlier than the average road.

The Desert Sun’s investigation found that drugs and alcohol, despite having a hand in the crash that killed Gysen, wasn’t that common of a cause for crashes on the highway. In fact, a mere five of the 16 Highway 62 incidents near Parker involved alcohol, and only two of them involved drugs.

The investigation found that 11 of the 16 crashes to take place near Parker happened between Memorial Day and Labor Day, which is peak season for Californians who travel to Parker for river recreation.

With the majority of these crashes taking place during the daytime — meaning most drivers weren’t being blinded by a rising or setting sun — and with speed ruled out as a major contributing factor, what could be the reason for this highway’s disproportionate body count?

The answer, the Desert Sun reports, may be Highway 62’s lack of a meridian to separate the two directions of traffic and prevent head-on collisions, or barriers and rumble strips to prevent cars from drifting off to the right. That means vehicle drift is the likely reason for many of Highway 62’s crashes.

The news isn’t all bad — the Desert Sun’s report showed that fatalities on Highway 62 are in fact decreasing, thanks to bolstered efforts by cities like Parker to improve the road’s safety.

In addition, California’s Department of Transportation, Caltrans, said it plans to have spent about $50 million in the period from 2008 to 2018 on safety improvements, lane additions and expanded shoulders on the highway’s most dangerous segments.

Even so, it may be worth it for Parker residents to consider alternate routes that don’t involve driving on Highway 62 — it just might save your life.

U.K.- Based Aviva Promises To Compensate Victims of Annuity Calculation Error

A recent investigation conducted by the U.K. news publication The Telegraph revealed that the British insurance company Aviva shortchanged about 250 customers who bought annuities; Aviva is now stating that there was an error in sales calculations, and that the company plans to compensate every customer affected by the mistake.

Because an annuity functions like a regular paycheck for retirees — i.e., it provides a regular income for people after retiring — it is usually intended to last for many years, if not for the person’s remaining lifetime. The cost and value of an annuity, therefore, is based on multiple factors regarding the person’s health history, current health status, and changes in rates and inflation.

The recent investigation uncovered that Aviva sold annuities in 2013 that didn’t accurately reflect the health statuses of 250 separate customers. All of these customers had poor health conditions, such as diabetes, high blood pressure, and a history of smoking, which often contribute to shorter lifespans.

Normally, when an annuity is concerned, the seller will offer a better annuity package if the customer is predicted to have a shorter life expectancy. In this case, Aviva should have offered its 250 customers an annuity that guaranteed regular income for life, based on its own customer policies.

The Telegraph noted that, based on previous studies, about 60% of Aviva’s eligible customers should have been given lifetime annuity plans automatically; in reality, Aviva has only given extended annuities automatically to about 7% of its eligible customers.

This isn’t a rare occurrence, as many people are finding out. Although quite a few people are eligible for lifetime annuities, it’s estimated that only one out of every four eligible people actually have these annuities.

It comes as no surprise that Aviva has decided to compensate each of its 250 customers, and to make the compensation announcement very public. Even though the company is Britain’s largest insurer right now, and even though most annuity owners are fairly loyal to their seller — with over 90% of annuity owners stating that they still own their first annuity — Aviva could have even more problems down the road if the issue isn’t addressed swiftly. Economic experts are already predicting that a “floodgate of claims” could appear, as more people realize that they’ve been shortchanged by their annuity sellers too.

Unfortunately, Aviva’s mistake can’t be solved with simple financial compensation, since quite a few affected annuity owners have already passed away. It’s likely that the company’s “error” will be investigated thoroughly, since a “mistake” of that gravity is not likely to go unnoticed for well over a year. However, perhaps the silver lining in this situation is that annuity owners across the globe are paying attention and are taking a second look at their own financial plans.

Mozilla Chooses Yahoo to Be Firefox’s Default Search Engine

Studies estimate that 93% of all internet experiences begin with a query on a search engine. In most cases, that search takes place on Google: a March 2014 analysis showed that the popular service controls 67.5% of the search engine industry, placing well above its competitors, all of whom own less than 20%. However, thanks to a new deal, that superiority may be at risk: Yahoo! will replace Google as Mozilla Firefox’s default search browser.

For the past 10 years, Google has been the default search browser on Firefox’s Web browser in the United States. But despite this arrangement, tensions have been high ever since Google unveiled their Chrome web browser in 2008, drawing a considerable number of users away from Firefox. Despite a loyal audience that conducts over one billion search annually, experts say that Firefox has no choice but to become more competitive, and with Google’s contract with the company expiring at the end of November, the search engine will be replaced. The new agreement with Yahoo! is planned to last for five years.

This opportunity comes at an advantageous time for Yahoo!: the search engine is reportedly responsible for a mere 10.1% of searches, and the company’s own website has used Microsoft’s technology to generate its search results since 2010. This deal could be the perfect chance for Yahoo! to become a bigger threat to Google, and the company is duly taking action: CEO Marissa Mayer has announced that Yahoo! will unveil a redesigned search engine in December, before adding the same model to its own site in 2015. As part of their 10-year deal, the technology will continue to be supplied by Microsoft.

Despite these plans, however, it will likely be difficult for Yahoo! to overcome the legacy of their predecessor: in 2012, Google accounted for 90% of Mozilla’s royalty revenue. The company has yet to release its financial report for 2013. Likewise, the financial details of its partnership with Yahoo! have not been disclosed.

In addition to supplanting Google with Yahoo! in the U.S., Mozilla plans to switch to Baidu in China and Yandex in Russia. Firefox users around the world still have the choice to opt out of using the default browser and switching to another choice, such as Google.