Stop Voting for Dumb Fucks

This is a call for people to stop electing Government Officials who say stupid shit.  Case in point, Alabama's Chief Justice Roy Moore:


The flurry of stupidity is breath taking, but I will do my best.

"There is no word marriage in the Constitution" 

Well except for Article IV Section 1... whoops. "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

I mean, sure, it does not directly say marriage, but it definitely means marriage. And this Article is definitely germane to the second question of Obergefell v. Hodges.

"The states can also resist... They can define what authority they have."

Nope.

Article VI says something different, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

"Blah blah blah... 10th amendment argument... blah blah blah"

Honey, we also have a 14th Amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Equal protection, due process, life liberty and property, these are all afforded to every citizen of the United States, and no state can take those away without a damn good reason. It is not left up to the individual State to decide; it was federalized by the 14th Amendment.

If a law violates any of these principles, and then is ruled unconstitutional, it is no longer law.

If the 10th Amendment superseded the 14th Amendment, then the 14th Amendment would be pointless.

"The Bowers Court says..."

Bowers is no longer precedent. It was over turned on June 26, 2003, with Lawrence v. Texas. It was kind of a big deal. I'm not sure, but  it might have been covered by the newspapers in Alabama.

Why not quote Dred Scott while you're at it?


*****


I'm fucking bored by this. I could go on but too bored. Ennui could be deadly.

How the fuck did this idiot ever get elected the first time around. For fuck sakes I learned this shit in 8th grade. Roy Moore knows less about the law than an 8th Grader. It's fucking embarrassing.

There are a lot of reasons I'm glad I'm not from Alabama and some how Roy Moore nears the top of that list.


Liam '15

Back to 'bama

Alabama AG, Luther Strange, filed an appeal to the SCOTUS in regards to Strange v. Searcy. The only possibly bad news for marriage equality is that the appeal falls directly and only to Clarence Thomas.

In his plea, Lex Luther explained that the state needs a longer stay because:

The decisions by the District Court and the Eleventh Circuit (App. B, C) to deny a longer stay have created confusion in the State. Probate judges, who are not supervised by the Attorney General and are not under his control, issue marriage licenses. As an association, the Probate Judges initially said they did not believe they were subject to the District Court’s injunction and remained under an obligation to follow Alabama law. Later, at least some individual Probate Judges reached a different conclusion.The Chief Justice of the Supreme Court of Alabama,who also heads the Administrative Office of Courts which may have bearing on the authority of Probate Judges and the administration of their work, has expressed doubts about the scope of the District Court order and its application to members of the Alabama Judicial Branch, when the only Defendant before the District Court was the Attorney General.

So, gay marriage needs to be put on hold, because Roy Moore is a dumb fuck who doesn't know the difference between the Constitution and a Bazooka Joe wrapper. Luther admits that Judge Granade issued a warning to the Probate Judges warning that they had two weeks to get their shit together, and if they refused they would get sued. But you that wasn't clear enough or anything.

All of this aside the appeal gets sort of bizarre, when under the section  "The Attorney General is likely to prevail on the merits of his appeal." (hahahahah, yeah you are going to succeed, uggh):

The interests supported by opposite-sex marriage are, at the very least, rational. States are not in the marriage business “to regulate love.” Id. at 404. Instead, state marriage laws link children to their biological parents (and link these biological parents to each other) by imposing a package of privileges and obligations—such as presumptions of paternity—that make less sense in the context of same-sex relationships. It is not irrational or malicious for state laws to reflect an “awareness of the biological reality that couples of the same sex do not have children the same way as couples of opposite sexes.” Id. at 405. It is instead the background against which the institution of marriage has developed over the last several thousand years. 

So you're going to just shit all over adoption then, huh? I mean you did read over this, right, and you saw what you were righting. And no warning bells were going off, saying, "this is kind of a band argument."

I mean really, straight people, are you going to put up with this shit.Marriage is just about popping out babies and only your biological spawn. THIS IS WHAT YOUR GOVERNMENT THINKS OF YOU!

And back to the beginning of that paragraph, where it says, "States are not in the marriage business 'to regulate love.'" That's the argument gay couples are making... so thanks, I guess.


'Liam 15

Alabama Song

Update I

***According to his Twitter Feed, Judge Steven Reed of Montgomery County will issue marriage licenses unless a stay is put into place. Super cool!***

Update II

*** Judge Callie V. Granade (awesome judge name) has issued a 14 day stay that also clarifies the original order. Particularly this section:  

3.Granting a Stay Will Irreparably Harm the Plaintiffs and Other Same-Sex Couples

As indicated above and in its order granting the injunction, the court has already found that same-sex couples face harm by not having their marriages recognized and not being allowed to marry. The harms entailed in having their constitutional rights violated are irreparable and far outweigh any potential harm to the Attorney General and the State of Alabama. As long as a stay is in place, same-sex couples and their families remain in a state of limbo with respect to adoption, child care and custody, medical decisions, employment and health benefits, future tax implications, inheritance and many other rights associated with marriage. The court concludes that these circumstance constitute irreparable harm.

Ausgezeichnet!***

On Friday Judge Callie V. Granade (greatest judge's name since Learned Hand) from the Federal Southern District of Alabama ruled that the State's Marriage Amendment and Statutes are unconstitutional under federal law. As of this moment no stay has been issued.

However because some people just want to be sued,  Alabama Probate Judges Association (which is a non-binding, but contains Probate Judges) had to weigh in. According to this report by Crystal Carr from ABC 33 in Birmingham, the dumb fucks Probate Judges have decided not to issue marriage licences:

"Judge Granade's ruling in this case only applies to the parties in the case and has no effect on anybody that is not a named party. The probate judges were not parties in this matter," Al Agricola, attorney for the Alabama Probate Judges Association, explained. "The legal effect of this decision is to allow one person in one same-sex marriage that was performed in another state to adopt their partner's child. There is nothing in the judge's order that requires probate judges in Alabama to issue marriage licenses to same sex couples." 

Hmm... I did not know that in the South the word "Attorney" is defined as "one who is dumber than a sun-baked jar of mayonnaise," but much is explained.

Ok let me 'splain this to you... Attorney General was named on behalf of State... you know that thing you belong to... the nice judge lady say laws stopping certain couples from marring are no longer there... if you don't marry people when they ask, you get sued.

Ughh. Is there a fucking See 'n Say that can explain this to the fucking knuckle dragging mouth breathers? The judge says "unconstitutional."

Ok,you do not need to be named for the decision have an effect on you! So yes, the Judge didn't order you to do anything; however it would behoove you to follow the law!!!!!!! 

Don't believe me; here is the Conclusion from Searcy v. Strange, No.14-0208-CG-N (S.D.Ala. Jan. 23, 2015):

For the reasons stated above, Plaintiffs’ motion for summary judgment (Doc.21), is GRANTED and Defendant’s motion for summary judgment (Docs. 47), is DENIED. 

IT IS FURTHER ORDERED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate they [sic.] Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. 

IT IS FURTHER ORDERED that the defendant is enjoined from enforcing those laws. 

DONE and ORDERED this 23rd day of January, 2015.

In summary, the Plaintiff won. The following section of the Alabama Constitution is no longer governing:

(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage. 

The following statute is no longer governing:

(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act."
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.

According to Fed. R. Civ. P. 24(b), failure to issue marriage licenses can allow aggrieved parties to intervene as plaintiffs in pending actions, allow certification of plaintiff and defendant classes, allow issuance of successive preliminary injunctions, and which will allow successful plaintiffs to recover costs and attorney’s fees.

Done. So here is a little Brecht:




Liam '15

Meh.

***Just a quick heads up, the following post is incomplete. In the past I wouldn't post an incomplete writing, and it would sit unpublished forever. So this will be sloppy and unpolished and flawed. ***

I just don't have time to finish or the energy to clean it up. I also am bummed out about Town of Greece and the future out look of the Lemon Test.

***

Recently while speaking at the Pastor for Life Luncheon, Chief Justice for the Supreme Court of Alabama, Roy Moore raised some red flags about his opinions of law.

The video of his speech is supposed to be here, but I can't get it to work due to blogspot hating the world... or it does work, Yay!!!!!



Moore's Comments in three parts.

1. The 1st Amendment applies only to Christians:

Nope. The 1st Amendment states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Notice how it doesn't say Christians. Me too. Now, I might not be some backwater, inbred, shirtless fuck Supreme Court Justice of Alabama, but the phrase "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" seems pretty clear on what type of laws we can make prohibiting the exercise of religion.

Even if the 1st actually stated that only Christians had the benefit of freedom of religion and speech, the 14th amendment would take care of that issue.

Here is the Lemon test as spelled out by the US Supreme Court (the Burger Court no less) in Windmar v. Vincent, 454 U.S. 263, 272 (1981).

A policy will not offend the Establishment Clause if it can pass the following three-pronged test: (1) It has a secular legislative purpose; (2) its principal or primary effect would be neither to advance nor to inhibit religion; and (3) it does not foster "an excessive government entanglement with religion." 

2. Without God There Wouldn't be Freedom of Religion, so no Freedom of Religion for Those Who Worship False Gods 

Ugggggggh the stuuuuuuuuppppppppidddd make it stop make it stop. If you take away people's freedom of religion, there's no freedom of religion... stupid stupid stupid. So yes, if there is a god, it's thanks to that particular god that there is freedom of religion and no thanks to Moore.

Ok before I jump to conclusions here is what Moore said:

Buddha didn't create us, Mohammed didn't create us. It’s the God of the Holy Scriptures.

They didn't bring the Koran over on the pilgrim ship, Mayflower. Let’s get real, let’s go back and learn our history. Let’s stop playing games.

No One, No One claims that Buddha or Mohammed created the universe. If you're going to be an asshat at least get your facts straight.

Secondly as discussed by countless legal scholars, religions benefit from the establishment clause. In Weiss v. District Board, 76 Wis. 177 (1890) Catholics sued the state of Wisconsin, because they were being discriminated against when their children were forced to read out of the wrong Bible. Or a Unitarian in Abington School District v. Schempp, 374 U.S. 203 (1963) who was upset that their school time was being wasted.

When it comes to religion in the law, there is always an asshole who will push for further religious purity. The principles enshrined in the 1st Amendment and regulated by the Lemon Test help shield religious people from bigoted assholes who want to force their interpretations of religion on others.


3. Life Begins at Conception.

Finally Moore stated:

That's in Blackstone's commentaries. As soon as the infant stirs in its mother's womb, they didn't have the technology we have to day. But they knew that when it kick it was alive. Today our courts say it's not alive until the head comes out. If technology’s supposed to increase our knowledge, how did we become so stupid?

He goes on to state life begins at conception.

Where to begin...since he called people stupid, I think I'll start there.

Open a fucking text book; life does not "begyen" at conception. Life begins prior to conception with the production of millions of haploid gametes. Men produce living cells know sperm cells containing one half of a man's genomic sequence, which takes about 130 days to form. Women produce eggs or ovum before she is even born. Then one night when they are teenagers, and they've had too many wine-cooler, the man's penis becomes engulfed with blood, and they knock boots until the male is forced to apologies and say "well, that's never happened to me before, I'll call you tomorrow." And then he doesn't... Asshole.

It's kind of fucking embarrassing that a gay has to explain this to fully grown man. But the important thing to take away is that if you want to play the science game, make sure you understand the science involved.

Perhaps this video can shed some light on this issue.



Furthermore, courts don't claim that life begins at birth. If anything they are ruling on rights. In this country a human being does not have a full set of right until they reach adulthood. And for good reason. We don't want children to be treated as adults.

It's also funny that he would mention Blackstone and life in one breath.  Blackstone's ratio states:

All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer.

How will he rule in an upcoming Death Penalty case. A new stet of statistics came out over the weekend from Gross at the University of Michigan, which shows that at least 4 percent of people that have been sentence to death have been vindicated.

We do not know how many people have been falsely executed.

But Blackstone didn't say executed, he said suffer.

Liam '14