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Posts for October, 2014

Kennedy lifts Nevada stay

Timothy Kincaid

October 8th, 2014

Judge Kennedy has just lifted the stay on the Nevada portion of the Ninth Circuit’s mandate to implement their ruling on marriage equality.

Confused? You’re not alone.

But what this means is that Nevada will likely begin issuing marriage licenses to same-sex couples this afternoon.

Idaho on temporary stay

Timothy Kincaid

October 8th, 2014

While Nevada has joyfully cued the violins and baked the cakes, Governor Butch Otter in Nevada Idaho seems to have won a delay in his state’s implementation of marriage equality. The Butch Otter has appealed to the United States Supreme Court and the justice responsible for granting stay in the Ninth Circuit, Anthony Kennedy, has so granted. (Reuters)

U.S. Supreme Court Justice Anthony Kennedy on Wednesday temporarily blocked an appeals court ruling that struck down Idaho’s gay marriage ban.

The brief order issued by the court said that gay marriage supporters should file a response to the state’s emergency request by 5 p.m. EDT (2100 GMT) on Thursday. The court will then decide whether to issue a more permanent stay. In the meantime, gay marriages in Idaho will not be able to proceed.

This may be but a formality until such time as briefs are filed and reviewed. And while this is disappointing and infuriating, part of our legal system is to allow all parties the right to be heard.

UPDATE: I should point out that the stay (should it be granted further life than tomorrow at 5 pm) is until the Ninth Circuit rules en banc – a larger group of judges – on the matter.

The Best Line In All of Legaldom

Jim Burroway

October 7th, 2014

The Ninth Circuit’s ruling (PDF: 238 KB/43 pages) that struck down marriage bans in Idaho and Nevada included this gem on page 21:

Same-sex marriage, Governor Otter asserts, is part of a shift towards a consent-based, personal relationship model of marriage, which is more adultcentric and less child-centric.12

No, that sentence isn’t it. It’s that tiny little 12 at the end of it, referring to the best damn footnote in all of legaldom:

12 He also states, in conclusory fashion, that allowing same-sex marriage will lead opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies. We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock-and-roll.

Colorado makes 25 – half of US States have marriage equality

Timothy Kincaid

October 7th, 2014

marriage 2014

Yesterday the state of Colorado began offering marriage licenses to same-sex couples under the determination that the denial of certiorari in the Tenth Circuit substantively applied the circuit court’s ruling about the unconstitutionality of anti-gay marriage bans to all states in the circuit.

They also took the step of requesting that the Tenth Circuit dismiss Colorado’s appeal of a district judge’s ruling on their own ban. Today the court dismissed their appeal and marriage equality became official.

Colorado became the 25th state (along with the District of Columbia) to have marriage equality.

In the next couple of days or weeks, that number will swell to 30, as other states in the Fourth and Tenth Circuit are so directed by federal judges, likely by means of summary judgment.

Peter LaBarbera Calls for “Civil Disobedience on a Massive Scale”

Jim Burroway

October 7th, 2014

From a press release:

Peter LaBarberaYesterday’s action by the Supreme Court only solidifies the idea that the powerful elites who dominate politics, media and culture do not care what the people think, expressed through the ballot box or their elected state legislators. And if “We the People’s” votes do not count, then We live not in freedom but under tyranny.

The notion that nine men and women in black robes know more about what constitutes marriage than 76 percent of Oklahoma’s voters is insulting and preposterous. Now is the time for civil disobedience on a massive scale: we hope that statesmen and citizens alike–in Oklahoma, Wisconsin, Indiana, Utah and Virginia—indeed, any state where the people’s will has been robbed by elitist judges—will reassert their state sovereignty against escalating judicial supremacy.

Tony Perkins: “Winning!”

Jim Burroway

October 6th, 2014

Family “Research” Council’s Tony Perkins has cornered the market on rose-colored glasses this afternoon:

Tony PerkinsIf liberals should be anything, it’s worried. When it comes to marriage, time is not on their side. Deep down, the Left knows it needed the Court to force same-sex “marriage” on America before more people saw the fallout for Christians like Aaron and Melissa Klein. Or sportscasters like Craig James. Or CEOs like Brandon Eich. Ask them if same-sex “marriage” is just about two people who love each other. For them, it was about losing their business, their livelihood, and their freedom.

If the Supreme Court thinks America isn’t ready for same-sex “marriage,” they’re right. As more states are forced to recognize it, people will see the ensuing attacks on religious freedom. They’ll feel the wedge driven between parents and their children when school curriculum is changed to contradict the morals moms and dads are teaching at home. They’ll shudder as more people lose their jobs because they refuse to celebrate (not just tolerate) same-sex “marriage.” Maybe then they’ll realize that the true goal is not about the marriage altar — but fundamentally altering society.

As disappointing as the Supreme Court’s silence is, the good news is that the debate over same-sex “marriage” will continue. With 92 cases on marriage flooding the courts, conservatives have a chance to push back and demand that Congress step in where SCOTUS has not. By refusing to get involved in a mess it helped create, the justices are leaving our laws vulnerable to rogue judges on the lower courts. With the exception of one district court, the benches have been filled with black-robed tyrants who insist on substituting their radical ideology for history, legal precedent, and the consensus of voters and the law. That has to stop.

Press Release of the Day

Jim Burroway

October 6th, 2014

I was wondering whatever happened to him:

Eugene Delgaudio“Delgaudio Issues Promise to Fight for Right to Vote Our Beliefs — No Black Gowned Back-Stabbing Liberal Jurist is Silencing Us”
In a recorded interview today with a Washington, D.C. area news media outlet, Public Advocate Eugene Delgaudio made a statement and now releases a complete statement here, part of which was made elsewhere:

Today with the announcement by the Supreme Court that they would not hear appeals to uphold traditional marriage we enter a new phase to preserve America’s traditional values.

We will not surrender the defense of marriage or the right to free speech for Christians and all those Americans who believe in traditional values.

I promise you one liberal jurist, John Roberts, in a gown is not going to stop millions of determined traditional marriage believers in our right to proclaim traditional marriage and our moral values.

Not without a fight.

With this decision, the Supreme Court has stripped hundreds of millions of Americans of the Right to Vote their beliefs and protect their communities and families as they see fit. It is now Supreme Court precedence that Freedom of Speech and the Right to Vote are only recognized so long as they are approved by the Liberal Establishment.

Reaction From the President

Jim Burroway

October 6th, 2014

Just two minutes ago:

Ted Cruz Is On It

Jim Burroway

October 6th, 2014

Ted Cruz

As Timothy noted, reactions from leading Republicans to today’s Supreme Court non-decision have been noticeably muted so far. Sen. Ted Cruz (R-TX) however abhors a vacuum:

“The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible,” said Sen. Cruz. “By refusing to rule if the States can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court Justices, without providing any explanation whatsoever, have permitted lower courts to strike down so many state marriage laws is astonishing.

“This is judicial activism at its worst. The Constitution entrusts state legislatures, elected by the People, to define marriage consistent with the values and mores of their citizens. Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislatures.”

And by gum, he’s gonna do something about it.

“Marriage is a question for the States. That is why I have introduced legislation, S. 2024, to protect the authority of state legislatures to define marriage. And that is why, when Congress returns to session, I will be introducing a constitutional amendment to prevent the federal government or the courts from attacking or striking down state marriage laws.

Colorado Joins the Marriage Equality Bandwagon

Jim Burroway

October 6th, 2014

20141006__pueblo-marriage-license~p1

From the Denver Post:

Colorado Attorney General John Suthers on Monday said all 64 county clerks must begin issuing same-sex marriage licenses after the U.S. Supreme Court declined to hear all appeals on gay marriage bans.

A same-sex couple in Pueblo County received the first license within hours — apparently the first gay marriage in Colorado after the high court’s action. Soon after, Larimer County Clerk and Recorder Angela Myers announced that her office would also begin issuing the licenses.

Clerks in Boulder and Denver said they were awaiting final clearance. Once the legal formalities are finalized, same-sex marriage will be legal throughout Colorado.

Colorado wasn’t one of the marriage cases rejected by the Supreme Court today, but the Denver-based Tenth Circuit Court of Appeals removed its stay after the high court declined to take the Utah case from the Tenth.

Missouri to recognize out-of-state marriage

Timothy Kincaid

October 6th, 2014

On Friday, state Judge J. Dale Youngs ruled that Missouri must recognize same-sex marriages conducted in other states in which such marriages were legal. (SLTrib)

A Kansas City judge ruled Friday that the marriages of Missouri gay couples wed in states or countries where such relationships are legally recognized must be honored by their home state.

The ruling affects more than 5,400 Missouri couples who were married in places where same-sex marriages are legally recognized, including states such as Illinois and Iowa.

Following today’s decision by the SCOTUS not to issue certiorari in same-sex marriage cases, the Missouri Attorney General issued a statement that the state will not appeal the state court marriage recognition ruling. Missouri borders Iowa, Oklahoma, and Illinois, all of which now offer same-sex marriage.

GOP response to lack of certiorari

Timothy Kincaid

October 6th, 2014

Today the Republican Party quickly responded to the decision by the US Supreme Court to deny certiorari to marriage equality appeals with the following:

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Silence, echoing silence is all that can be heard from party leaders.

As Jim has shown, the usual voices of the anti-gay extremists have been loud in condemnation. But where are RNC Committee Chairman Reince Preibus? Surely this merits a moment of his time.

And as for House Majority Leader John Boehner… well perhaps he’s too busy to comment today. He’s on his way to San Diego to raise money for a gay GOP congressional candidate.

Sure they may both say something about the denial of cert. They may even remind us that they “personally uphold the traditional definition of marriage” or something of the sort. But gone are the days of blistering retort or angry denunciation.

And that, as much as anything, is a sign that while the fighting isn’t over, we’ve already won.

The Most Momentous Supreme Court Non-Decision Ever Made

Jim Burroway

October 6th, 2014

EqualityChart

With today’s Supreme Court non-decision, about 53% of all Americans now live in jurisdictions with marriage equality. That’s twenty-four states and the District of Columbia. Indiana, Oklahoma, Virginia, Wisconsin and Utah will open their clerk offices to same-sex couples as soon as the various Federal District Courts go through their formalities. Those formalities are already out of the way in Colorado, Oklahoma, Virginia and Utah. Things are happening so fast I wouldn’t be surprised if Indiana gets the go-ahead before I finish writing this post. Meanwhile, you can expect that Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming will follow suit any day now, since they too are now bound by the decisions already handed down in the in the 4th Circuit, 7th Circuit, and 10th Circuit Courts of Appeals.

The biggest wild card remains the Sixth Circuit, which heard oral arguments last August in a Michigan challenge to that state’s constitutional amendment banning same-sex marriage. That court also heard oral arguments from four other states — Ohio, Kentucky and Tennessee — challenging those states’ bans on recognizing legal marriages from out of state. If the Sixth Circuit goes all contrarian and upholds any of those bans, then we could expect the issue to be dropped once again at the Supreme Court’s footsteps.

And to think that barely over a decade ago, our relationships were still criminalized in fourteen states.

Now, it’s possible that the three-judge panel in Cincinnati may rule against marriage equality. It’s also conceivable that a three-judge panel in the Fifth, Eighth and Eleventh Circuits could uphold a same-sex marriage ban in, say, Louisiana, for example.

But if one did, it seems much more likely that the entire circuit would step in for an en banc decision. But even if that didn’t happen, then sure, maybe an anti-equality decision could conceivably make its way to the U.S. Supreme Court. But by then, some two-thirds or more of all Americans are likely to be living in marriage equality states. Would the Supreme Court go back and overturn all of that? That now seems preposterous. Today’s non-decision is the new law of the land.

Bryan Fischer’s extra helping of stupid

Timothy Kincaid

October 3rd, 2014

Bryan Fischer, the Director of Issues Analysis for the American Family Association, is not the sort of person you want for a neighbor. Nor your garden variety bigot, Fischer specializes in spouting the most offensive thing he can think of about pretty much anything and anyone, but especially about gay people.

And most of what he says has no basis in reality. Nor does he care. Fischer doesn’t even try to tie his rants into facts or logic – that doesn’t get him the attention he craves.

I try not to oblige this man’s sad effort to be seen and heard. But today’s an exception. Today Bryan Fischer has tweeted something so absurdly ridiculous that it merits mention.


Followed by

He’s not the first to claim that HIV was not the cause of AIDS. We’ve heard from plenty of HIV denialists in our community. But that school of argument has pretty much died out.

Maybe Sen. John Cornyn Was Right After All

Jim Burroway

September 29th, 2014
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