supreme court

We Do

Here’s an update on the continuing destruction of traditional marriage in the United States:

BACKGROUND:  In June 2013, the Supreme Court declared the so-called “Defense of Marriage Act” (DOMA) to be unconstitutional. That ruling compelled the federal government to recognize and treat equally all marriages considered to be legal in any one of the 50 states. At that point, there were half a dozen or so states that extended marriage equality to same-sex couples.

That ruling was a critically important step in civil rights in America, because while state laws govern who can be married, the vast majority of legal and financial benefits of marriage are bestowed by the federal government. In fact, there are 1,138 federal benefits that accrue to married couples that are not available to swinging singles. Benefits in areas such as Social Security, Taxation, Estates & Inheritance, Adoption, Immigration, Family & Medical Leave, Employee Benefits for Federal Workers, and much more. It’s not just about all that sanctimonious sanctity stuff.

That 2013 Supreme Court ruling did NOT strike down the anti-same-sex-marriage laws in any of the 40+ states still banning marriage equality. But the ruling was a seismic shift in the legal landscape. The writing was on the wall. The bigots had lost. But they kept up the fight… if only to keep those contributions flowing from America’s pews and Barcaloungers.

Dozens of lawsuits were filed by same-sex couples wishing to marry in every state which still banned marriage equality. These cases percolated up through the judicial system. In state courts rising to state supreme courts, and in federal courts rising up through the appellate levels. And you can almost feel sorry for the folks working so diligently to fight marriage equality. Almost. They tried soooo hard. They tried everything. They continued even to the point of looking absolutely ridiculous – and wasting millions of their taxpayers’ dollars. And now, they have not only lost… They have been annihilated. In fact, on more than a few occasions, they have been basically laughed out of court. As well they should be.

Since DOMA was eviscerated, there have been something like 40 court rulings in a row in favor of marriage equality. In every corner of the country. From judges known to be liberal, moderate and conservative. Appointed by Reagan, Bush, Clinton, Bush and Obama. The bigots always put the same question to the courts: We think it’s icky, so why can’t we prevent gay marriage in our state? And they got the same answer every time: Denying gay Americans access to marriage is a direct (obvious, flagrant) violation of their Constitutional rights to due process and equal protection. Period. Now go home. And brush up on your constitutional law. One of my favorite of these rulings came from a federal judge in Pennsylvania, who wrote:

Penna.MarriageRuling.JohnEJonesIII

In some cases, a state stopped its legal campaign to prevent marriage equality once a federal court said it could not. (That was true in Pennsylvania after Judge John E. Jones III issued his ruling, excerpted above.) The governor or attorney general knew that to pursue this to the appellate court or Supreme Court would be a pointless waste of time and money. In the reddest of the red states, though, there was no backing down. Damn the torpedoes! Full speed ahead! When the 4th, 7th and 10th Circuits had all ruled in favor of marriage equality, five states appealed to the Supreme Court: Utah, Oklahoma, Wisconsin, Indiana and Virginia.

The Supreme Court put these five cases on the list of those they would consider taking at the end of September. But when the Court released the list of cases it would definitely be taking in the new term, none of these marriage cases were on it. Hmmm. Que pasa, Supremos?

THEN TODAY, the first day of the new term, a bombshell: The Supreme Court announced it had rejected the marriage appeals from all five states. Whaaaaaa? That was initially misconstrued as a refusal to rule on these cases, but the decision not to consider the appeals is a de facto ruling, as it lets stand all of the appellate court rulings in those cases. And all of those rulings were in favor of marriage equality. And – double bonus feature! – Circuit Court of Appeals rulings, once given the force of law, apply to ALL of the states covered by that circuit. So, in addition to the five states who challenged the rulings, an additional six states are swept up in the nuptials news. It may take a few days for their unused kansas.ybmachinery of legal equality to crank up, but you will soon be able to gay marry the gay of your dreams in Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming.

Kansas… looks like you’re not in Kansas anymore!

So yes, a good day for equality and for America. We went from 19 to 30 states with marriage equality. More than 60% of Americans are now living in states with marriage equality. Not “gay marriage”. Just… marriage. And the bigoted anti-gay laws in the remaining 20 states (Texas, Florida, Ohio, Georgia, etc) are now hanging by a legal thread. Stay tuned for more rainbow-colored rice being thrown, coast to coast. Click here for a great series of maps showing the status of states with marriage equality, and the states with pending appeals (i.e., the next to go).freedomtomarrylogo

Many of us are disappointed that the Court did not take on these cases and issue a definitive ruling wiping the remaining discriminatory laws off the books, just as it did in 1967 with bans on interracial marriage. That may be yet to come. Some believe the 5th Circuit offers the (sad) possibility of issuing a pro-discrimination ruling. That would be appealed to the Supreme Court – which would have no choice but to take the case, given its action today. You cannot have a country where marriage equality is the law of the land, except in a handful of states. For excellent in-depth coverage of all the legal actions and status in the battle for marriage equality, go to FreedomToMarry.org.

And if you are mourning the loss of your treasured, traditional biblical marriage, I offer you this message from Betty Bowers, America’s Best Christian. Like so many of your fellow flock, you may not really understand what kinds of marriage the bible endorses. Let Betty show you the light.

The End (so far)

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A Cosmo Kind of Guy

I’m reblogging this post from six months ago, in light of this week’s Supreme Court decision taking away abortion clinic buffer zones. It’s time for all of us to volunteer to be escorts now.

P.S. This unanimous decision came from nine Justices who decided last year that they deserved a 100+ foot buffer zone from protestors. Which makes them hypocritical pussies, imho.

The End

How many times have you come face to face with it? Must be thousands. Standing in the checkout line at the supermarket, you look up and there it is telling you How to Lose 5 Lbs in 5 Mins! or What He Wants That He Won’t Tell You or Lipo: Is it for You? Cosmopolitan magazine. But I guess I’ve always been more of a People guy. “Cosmo” (in the vernacular) aims at a demographic target that is, as far as I can tell, the opposite of me. So, imagine my surprise when I clicked on the link in a tweet and landed on this. Of course, it’s not what you think. I have a newfound respect for Cosmo. And for Cosmo girls, if this is the sort of guy they shed lbs for.

The article highlights just one of the insanities in America caused by “mostly older white men……

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[046] Thank you, Edie Windsor

And thank you, Mr President.

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On June 26, 2013, the Supreme Court ruled 5-4 that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. The case was United States v. Windsor, and it was filed by a woman named Edie Windsor who had to pay nearly $400,000 in federal estate taxes after her wife, Thea Spyer, passed away in 2007. While the State of New York recognized their marriage, the federal government did not – because of DOMA. 

Following the Court’s historic ruling in Windsor, the Administration has moved to implement the decision so that loving, committed, legally married same-sex couples can enjoy the same federal rights, benefits and obligations as other married couples. Just this Monday, the Justice Department issued a new policy memorandum to “formally instruct all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.”

edie.thea.3xWhen the Court handed down its decision last June, President Obama called Edie from Air Force One to congratulate her on her victory. And earlier this week, the President invited Edie to the France State Dinner and the Oval Office to thank her in person. – from The White House blog

Edie was Time’s “runner up” for Person of the Year last year. But she never took a back seat to anyone. Edie + Thea lived an epic love story, shown in this beautiful photo essay by Time photo editor Paul Moakley.

Endless Love: Inside the Photo Albums of Edith Windsor and Thea Spyer

Day 046 #100happydays