Here's what Mike Huckabee told right-wing radio host Hugh Hewitt, his lips dripping with the words of interposition and nullification:
If the courts make a decision, I hear governors and even some aspirants to the presidency say well, that's settled, and it’s the law of the land. No, it isn't the law of the land. Constitutionally, the courts cannot make a law. They can interpret one. And then the legislature has to create enabling legislation, and the executive has to sign it, and has to enforce it.
Dear Mike, no. Please check out the Supremacy Clause in Article VI of the Constitution.
Linda Greenhouse at NYT explains why.
Lassana Bathily, a Malian Muslim immigrant who saved several lives from terrorist Amedy Coulibaly earlier this month at a kosher supermarket, has been granted French citizenship. He had applied for it last summer. Congrats to him. When we overgeneralize about Islam, and talk as if we are in a religious war, we play into the hands of people like Coulibaly and hurt people like Bathily. That makes no sense.
As the President celebrates the advance of marriage equality, Speaker Boehner keeps his grim face, the six SCOTUS justices maintain their practiced neutrality (they have cases pending, and were not there as a partisan cheering section), and one of the heroes of Selma rises to his feet.
It is worth noting that by using the phrase "civil right" about gay marriage last night, the President moved the discussion forward. Those of us who have been on the front lines of the marriage equality fight have studiously avoided using that phrase, because it has been a sore point with African American voters. We used phrases like "equal rights" and "human rights" instead. Here in D.C., when the Foundation for All D.C. Families hired Celinda Lake to do a poll on marriage equality in 2006, this was one of the points we examined.
The issue of messaging, where you consider your audience when framing your message, may seem cynical and calculating, but when you are trying to persuade people and win their votes, it is not helpful to start by pissing them off. This is a linguistic point on which white gay activists have respectfully let black leaders like Rep. John Lewis and President Obama take the lead. And if there is a greater moral authority than John Lewis, I would like to know who.
David Badash at The New Civil Rights Movement reports:
The American Family Association has issued a call claiming two liberal Supreme Court justices should recuse themselves from ruling on the same-sex marriage cases the Court just accepted Friday.
"Kagan and Ginsburg: Recuse Yourselves!" reads the press release. "Supreme Court Justices Elena Kagan and Ruth Bader Ginsburg should recuse themselves from making any same-sex marriage decisions because they have both conducted same-sex marriage ceremonies," it adds.
Other Supreme Court justices have officiated at different-sex weddings, so its unclear why officiating at a legal same-sex wedding should make any difference.
Hilarious. Dear Bryan Fischer: when you get Justices Scalia and Thomas to recuse themselves, come back and talk to me.
Lyle Denniston reports at SCOTUSblog:
Taking on a historic constitutional challenge with wide cultural impact, the Supreme Court on Friday afternoon agreed to hear four new cases on same-sex marriage. The Court said it would rule on the power of the states to ban same-sex marriages and to refuse to recognize such marriages performed in another state. A total of two-and-a-half hours was allocated for the hearings, likely in the April sitting. A final ruling is expected by early next summer, probably in late June.
The Court fashioned the specific questions it is prepared to answer, but they closely tracked the two core constitutional issues that have led to a lengthy string of lower-court rulings striking down state bans. As of now, same-sex marriages are allowed in thirty-six states, with bans remaining in the other fourteen but all are under court challenge.
UPDATE 7:51 p.m. The Obama administration will file a brief in the same-sex marriage cases, supporting equal access to marital rights in all of the states, Attorney General Eric Holder said in a statement.
I really hope that counsel for our opponents boils it down during oral arguments by saying, "Your Honors, what about the chirren?!!" and sitting back down.
The Blade reports:
A federal judge in South Dakota became the latest to rule against a ban on same-sex marriage on Monday, striking down the state’s law on the basis that it violates rights under the Fourteenth Amendment.
In a 28-page decision, U.S. District Judge Karen Schreier, a Clinton appointee, grants summary judgement to plaintiff same-sex couples in the case, saying South Dakota’s marriage ban runs contrary to their rights to equal protection and due process under the U.S. Constitution.
“In Loving, the Supreme Court addressed a traditionally accepted definition of marriage that prohibited Mildred Jeter and Richard Loving from marrying,” Schreier writes. “Because Virginia’s laws deprived that couple of their fundamental right to marriage, the Court struck down those laws. Little distinguishes this case from Loving. Plaintiffs have a fundamental right to marry. South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification.”
The decision is stayed pending appeal.
Lyle Denniston at SCOTUSblog reports:
The Supreme Court, returning from its winter recess, decided on Monday not to take on a same-sex marriage case that remains under review in a federal appeals court, but otherwise took no action on that constitutional controversy. The Court made no comment as it turned down a plea by same-sex couples in Louisiana to review that state’s ban, which had been upheld by a federal trial judge in New Orleans (Robicheaux v. George).
The four same-sex marriage cases challenging the Sixth Circuit’s ruling that upheld four states’ bans have now been set for consideration by the Justices at their Conference on Friday of this week.
From Friday. Chris Gender reports that the Fifth Circuit hearing on marriage equality was sounding very good for our side:
More than halfway through the morning’s arguments, an exasperated Justin Matheny, the assistant attorney general in Mississippi charged with defending the state’s ban, tried to change his tune during his rebuttal arguments.
When it became clear that the three-judge panel was leaning against upholding the bans, Matheny acknowledged that the “trajectory” for marriage rights for same-sex couples is “undeniable” — but added his new argument: “it’s not there yet.”
Judge Patrick Higginbotham, born in Alabama almost eight decades ago and appointed to the appeals court by President Reagan more than three decades ago, spoke up. And though the older judge was hard to hear at times, he spoke loudly and clearly when he responded to Matheny: “Those words, ‘Will Mississippi change its mind?’ have resonated in these halls before.”
Ward 6 Councilmember Charles Allen this morning introduced the "Collaborative Reproduction Amendment Act of 2015," which was co-introduced by all of his colleagues. As I said to several CMs on Monday in urging them to co-introduce:
[This bill] will legalize and regulate surrogacy parenting agreements. A coalition of advocates has been working on this with former Judiciary Chair Tommy Wells and his staff, principally Anne Phelps (who is now working for Charles), for the past two years. Given its complexity and the crush of other business before the committee, it did not get done last year.
This bill is a top legislative priority for GLAA. It represents the last big piece of family law in need of modernizing to bring it in line with the District’s policy of equality for all families.
GLAA’s statement on surrogacy from our 2014 policy brief is here:
Former Florida governor Jeb Bush stirred memories of his brother George from 2004 as he strove both to pander to the anti-gay right and to strike a civil tone in discussing the arrival of marriage equality in Florida. Here he is on Sunday:
It ought be a local decision — I mean, a state decision. The state decided. The people of the state decided. But it's been overturned by the courts, I guess.
And here he is on Monday, revising and extending his remarks:
We live in a democracy, and regardless of our disagreements, we have to respect the rule of law. I hope that we can show respect for the good people on all sides of the gay and lesbian marriage issue – including couples making lifetime commitments to each other who are seeking greater legal protections and those of us who believe marriage is a sacrament and want to safeguard religious liberty.
Sound familiar? Here is what I wrote in Salon in March 2004:
After calling for a constitutional amendment against same-sex marriage without once mentioning the dreaded words "gay" or "lesbian," President George W. Bush ended on a conciliatory note: "We should also conduct this difficult debate in a manner worthy of our country, without bitterness or anger. In all that lies ahead, let us match strong convictions with kindness and goodwill and decency." This reminds me of Dame Edna Everage, who, after saying something horribly cruel about her bridesmaid Madge Allsop, habitually adds, "I mean that in a nurturing and caring way."
I would love to have Jeb explain to me what religious liberty has to do with this. The anti-gay right throws that expression around all the time, but its only meaning here is their liberty to infringe on mine. How long will the Republican Party and its purported leaders cling to this degrading nonsense?
Joy erupts in a Miami courtroom as Judge Sarah Zabel of the Eleventh Judicial Circuit of Florida lifts a stay and allows gay couples to marry. Congrats to all the happy couples and all who helped make this happen.
On Saturday, January 10 at 2 pm, a rally and march will be held in D.C. for Ohio transgender youth Leelah Alcorn, who was recently driven to her death by intolerance and abuse. The rally will be held at Mt. Vernon Square/Washington DC Convention Center. The organizers write:
"My Death Needs To Mean Something"
Join us January 10th as we gather in honor of Leelah's wishes to stand up for the rights of transgender and gender non-conforming people everywhere.
This event will consist of a few speakers followed by a march.
For more information on the circumstances surrounding the death of Leelah Alcorn, as well as to read her final message, please see the following (warning: suicide and transphobia trigger warnings apply): http://www.lgbtqnation.com/2014/12/transgender-teen-struck-and-killed-on-ohio-interstate-in-apparent-suicide/
If you or someone you know is transgender or gender non-conforming and feeling suicidal, please know that there is a suicide hotline dedicated to transgender people that you can call: http://www.translifeline.org/
My look at the year ahead in LGBT activism is now up at Bay Windows. Here's an excerpt:
From a liberal perspective, 2015 promises continued fights against right-wing aggressions that include vagina policing and other gender-based discrimination; attacks on church-state separation; xenophobia; quackery disguised as science; biased profiling and excessive force by police; and criminalization of healthcare issues.
None of these will be resolved by the likely nationwide victory for marriage equality in the U.S. Supreme Court. Thus, in the words of Ella Baker, "We who believe in freedom cannot rest." Here are some thoughts for the work ahead.
My year-in-review is now up at the Washington Blade. Here is an excerpt:
Military and international. The transition to openly gay military service has gone so smoothly it has generated little news. The fight to end discrimination against transgender service members continues; two dozen have been discharged in the past two years. The First Circuit Court of Appeals ruled that a lawsuit by Sexual Minorities Uganda against Scott Lively for crimes against humanity can proceed. In diplomatic news, Ted Osius III joined a growing list of openly gay envoys when he was sworn in as ambassador to Vietnam.
Health. Senator Elizabeth Warren (D-MA) led 80 senators and House members in urging an end to the lifetime ban on blood donations by men who have had sex with men, calling for science to replace stereotypes. The U.S. Centers for Disease Control and Prevention called for wider use of Pre-exposure Prophylaxis (PrEP) for HIV prevention, despite strong opposition by Michael Weinstein of AIDS Healthcare Foundation. There have been no new HIV infections among more than 500 Kaiser Permanente customers using PrEP. New York and the District of Columbia adopted rules forbidding health insurers from denying medically necessary treatment to transgender people. D.C. joined California and New Jersey in passing legislation banning "ex-gay" conversion therapy for minors.
Media. Schadenfreude was rampant after Sean Eldridge failed in his bid to buy a congressional seat and husband Chris Hughes provoked a mass walkout at The New Republic by sacking top editors. Hughes was faulted for wrecking a century-old magazine in his effort to create a "vertically integrated digital media company," that is, a word salad. Former TNR writer Jamie Kirchick at The Daily Beast dubbed them "America's worst gay power couple," but their youthful hubris and confusion of wealth for wisdom transcend sexual orientation.
Right Wing Watch reports. He aggressively opposes non-discrimination protections for LGBT people, yet HE is the one being persecuted.
Today's update on marriage equality by Matt Baume at AFER.
This morning, I was honored to attend on behalf of GLAA as Mayor Vince Gray signed Bill 20-501, the Conversion Therapy for Minors Prohibition Amendment Act. Thanks to Gray, bill introducer Mary Cheh, and all who worked in support of this important legislation to protect our youth from a dangerous and discredited outgrowth of anti-gay junk science. It now goes to Capitol Hill for the requisite congressional review period before becoming law.
Read GLAA's testimony from last June.
Matt Baume of AFER gives an update on marriage equality fights across the country.
I agree with The New York Times.
For years I've thought that we cannot be like countries where leaders of the outgoing regime are jailed by the incoming one. The resulting political turmoil would not be worth it. But I am changing my mind. Dick Cheney's brazen, no-apologies trash talk has helped me reconsider. If he had the sense to choose a quiet retirement it might be one thing; but he continues his provocations and his aggressive contempt for international norms to which America is a signatory, and for simple decency. So we got the turmoil anyway. Meanwhile, the lack of justice looms larger. Indict him or give him a one-way ticket to The Hague.
When police officers are murdered, it tears at the foundation of our society. This heinous attack was an attack on our entire city.— Bill de Blasio (@BilldeBlasio) December 21, 2014
Opportunity! Folks need to stand up for Wenjian Liu & Rafael Ramos, and cops need to stand up for Eric Garner! #BlackAndBlueLivesMatter— Jeffrey Wright (@jfreewright) December 21, 2014
I agree with Jeffrey Wright. Citizens and police must stand together against violence and for justice for all. Otherwise madmen, provocateurs, and sociopaths will rule the day. My heart goes out to the families of the slain officers, and all who are the victims of senseless violence.
Mike Hayes at BuzzFeed reports:
In his first interview since announcing Officer Darren Wilson would not be indicted in the shooting of Mike Brown, St. Louis County Prosecutor Bob McCulloch told radio station KTRS that he allowed witnesses he knew were lying to testify to the grand jury.
As Shaun King at Daily Kos points out, the perjurer whose testimony most lined up with that of Wilson was Witness #40, who turns out to be a white supremacist named Sandy McElroy. No perjury charges are being contemplated.
McCulloch should be fired at minimum and possibly disbarred. This is not justice. Anyone who could defend him after this is not really disagreeing, they just don't give a crap. We cannot accept this.
In a victory for gay rights advocates in China, a Beijing court ruled on Friday that a Chinese clinic must pay compensation to a gay man who sued it for giving him electric shocks intended to change his sexual orientation.
Stating that homosexuality is not a mental illness, the Haidian District People’s Court ordered the Xinyupiaoxiang Counseling Center in the southwestern city of Chongqing to pay 3,400 renminbi, or $560, for costs incurred by the plaintiff, Yang Teng. It also ordered Baidu, China’s leading search engine, which was also named in the lawsuit, to remove the advertisement that Mr. Yang said led him to the clinic.
China bears watching. Now the world's largest economy, it has been a friendlier place for gay activists than one might have expected from a totalitarian state. Congrats to Yang and best of luck to his comrades for continued progress.
Bilerico reports that Attorney General Eric Holder has announced that transgender people are protected under Title VII of the Civil Rights Act of 1964 under the category of sex-based discrimination. This is a big step forward.
George Stinney, wrongly convicted and executed in 1944 at age 14 in South Carolina, was exonerated Wednesday by circuit court Judge Carmen Mullen. When he went to the electric chair, he was so small he had to sit on a phone book for the execution.
We do not have the knowledge of gods. There are too many people with motives to lie, to make false accusations, to seek out a scapegoat, to set an example. We should abolish the death penalty if only for this reason. It is good for Stinney's name to be cleared at long last; but his life was stolen. The sadness of this is beyond adequate expression.
My column for this week is now online at the Blade. Here is an excerpt:
The Michigan House of Representatives recently passed a bill modeled on the 1993 federal Religious Freedom and Restoration Act, which featured in the Hobby Lobby case. The Michigan measure may allow emergency medical technicians to invoke sincerely held religious beliefs in refusing to serve LGBT people.
Where will religious demands in daily commerce end? If you view conscience clauses only in terms of gay families, the problem might seem limited. But what about people who object to interracial marriage or to second or third marriages after divorce? Assuming that gay conservatives are motivated by more than axe grinding against gay liberals, why does their solicitude for the religious right appear reserved for gay-related cases?
If an anti-gay Christian receives legal exemptions, why should a Christian Scientist parent opposed to modern medicine not be exempt from child welfare laws? Why should a Muslim devoted to the subordination of women (which, to be fair, is disputed within Islam) not invoke Sharia Law? Satanists, amusingly, have already responded to a Ten Commandments monument at the Oklahoma state capitol by demanding equal placement of a monument to the demon Baphomet.
I neglected to post this several days ago when Sen. Cory Booker (D-NJ) spoke out against congressional interference with D.C. voters' choice to decriminalize possession of small amounts of marijuana. Thank you, Senator.
Why is a horse in a wedding dress any more related to gay couples than to straight couples? Gay people are not seeking to marry horses, but other human beings. But somehow, this sort of stunt seems to persuade some people.
Sen. Elizabeth Warren lets Citigroup have it.
Sen. Elizabeth Warren blasts bankers: 'Dodd-Frank isn’t perfect. It should have broken you into pieces.' http://t.co/idf3wwnW7B— Raw Story (@RawStory) December 13, 2014
GOP senator mansplains democracy to Elizabeth Warren http://t.co/KMPjnY07vu— HuffPost Politics (@HuffPostPol) December 13, 2014
City Paper reports.
In summary: The people of the District of Columbia have the right to govern ourselves, except when we don't. The fight continues.
Matt Baume of AFER gives a marriage equality update.
Over the weekend, Republicans in the Michigan Statehouse passed a “license to discriminate” bill that would give just about anyone the right to refuse service to LGBT people if it conflicted with their religious beliefs.
The broadly written Religious Freedom Restoration Act would allow, for example, an EMT to refuse emergency treatment to a gay person or a pharmacist to refuse to refill HIV medication, because God decreed gays and lesbians should be put to death.
The measure is similar to one in Arizona that even right-wing governor Jan Brewer thought went too far and vetoed.
A similar issue arose during the D.C. marriage equality fight in 2009, and the overbroad religious exemption demanded by the Archdiocese of Washington was rejected by Phil Mendelson, then chair of the D.C. Council Judiciary Committee, at GLAA's urging.