Puppet Theater: Obergefell v. Hodges Part 1

Liam '15

Oops, Wrong Side

Sometimes I hear someone, and my mind reels at the lack of self-awareness. Often times it comes in the form of cognitive dissonance.

Case in point Mat Staver.

As shown in this video posted to YouTube via Right Wing Watch, on Saturday April 25, 2015 Liberty Council founder Mat Staver addressed a march organized by NOM:

As someone who's argued before the United States Supreme Court, I certainly have respect for this court, but I have no respect and cannot respect a lawless decision. This court has not always been right on the issue of marriage. 

In the 1800s it issued the infamous Dred Scott decision, and Justice Taney said, “sorry Dred, no rights for you here at this high court,” because they said blacks were inferior human beings.

How racist and bigoted was that? How contrary to the natural law of God is that decision?

It is no decision worth respecting today, and It was no decision worth respecting then.

In 1927 the famous Oliver Wendell Holmes wrote the infamous words, “three generations of imbeciles are enough.” Saying to Carrie Buck, the Commonwealth Virginia can forcibly sterilize you to get rid of your population, because you have low IQ.

That was a racist bigoted decision flies in the face of the dignity of every person created in the image of God.

No one will defend it now and no one should have defended then.

I say now as we are standing on the precipice this major decision before the United States Supreme Court, these leaders that came together in this marriage pledge, that I hope you sign on it at defendmarriage.org are saying this, “Supreme Court of the United States with all due respect, we warn you, do not cross this line.”

As much as I am an attorney, and I respect the rule of law, I also respect a higher law. And when an earthly law collides with a higher law, we have no choice to obey higher law. We cannot comply Caesar's demands that are in direct conflict with a higher law, and that's what the Doctor Martin Luther King wrote in a letter from a Birmingham jail. There are two kinds of laws just and unjust. You have to obey the just laws, but the unjust laws are no laws at all, and we cannot obey those.

Marriage is the union of a man and a woman. As a policy matter any other union says that God’s design is flawed. As a policy matter any other unions say that boys don't need fathers and girls don't need mothers, and we know that God’s creation the divine architect that infused into the natural created order, knows what's best for the family. Children need mothers and fathers.

This United States Supreme Court, nor any governmental entity, does not have the authority to redefine God’s natural created order of marriage.

Mat, honey, the connection between Dred Scott, Buck v. Bell, and Baker v. Nelson was an unjust denial of the Due Process Clause. Or in other words, Americans are afforded the rights to life, liberty, and property.

In fact, the denial of the 5th Amendment in Dred Scott was a major point for the adoption of the 14th Amendment. It ensured that all people are afforded due process protections by both the States as well as the Federal Government.

I know in 2014 your Liberty University had a first time bar passer rate of 50% in Virginia: so I have a feeling you might not be teaching this, but based on the concept of substantive due process the right to marry is a condition of life, liberty, and property as enumerated in Loving v. Virginia, Zablocki v. Redhail, and Turner v. Safley.

In your own analogy, you are on the wrong side of history. You're not arguing for Dred Scott or Carrie Buck. You're on the side that wants to deny liberty and substantive due process. But thanks for playing and proving why your school is garbage.

If I were a betting man, I would be willing to bet that Mat knows that he is on the wrong side of history, as much of his speech reads nearly perfectly as a pro-LGBT. But quite frankly in the end I don't care.

I am curious though how Mat is going to perform civil disobedience in regards to same-sex marriage.
For civil disobedience, which MLK, Jr. prescribed, the government has to be doing something and your non-compliance is therefore disruptive. For example not paying your taxes. Or sit-ins in Government or public locations.

The only thing I can think that vaguely would qualify, is that Mat won't get married to a dude. Not much of protest there as not getting married affects nothing.

Or perhaps he will get a boyfriend and then won't get married as some sort of fucked-up, bizarro, psycho-sexual protest that only Mat Staver knows about or would makes sense to.

I have heard of people doing weirder things.

The Loophole by Garfunkel and Oates

It's either that or impotent rage. And impotent rage is never attractive.

The very last point I want to touch on is when Mat says, "This United States Supreme Court, nor any governmental entity, does not have the authority to redefine God’s natural created order of marriage."

You do realize that gay people exist, right? And that many of us have kids? And that would be a part of god's order, right? I'm not saying existence is right or wrong, but I am saying that existence is nature. If god didn't want gay people, then why do we exist.

Where do they get off speaking for god. That's pretty fucking arrogant.


Liam '15

Time-Warp

Forever ago (second post) I wrote about Barack Obama's evolution towards supporting same-sex marriage:

I believe that President Obama has lied to the American People. It's en vogue  to call the President a liar.  It's fashionable to call any president a liar actually, but that's a different subject for a different day. Despite his policy positions, he has to be a Socialist-Marxist-Kenyan-Muslim-Secularist-Atheist-Christhating-SOB, because he is lying.

The basic history of Obama goes like this. He has been in the closet for the last eight years. He experimented with supporting Gay Rights in college like so many do, but then was scared back in when he realized  people might judge him for it. Finally his conscience caught up with him and after he outed himself, he looks like the weight of the world has been taken off his chest. 

However I think President Obama was actually lying to the American Public in 2004 when he stated that marriage should be between a man and a woman religious-blah.  His comments were in contradiction to his 8 year old (law professor) statements that he supported ultra-gay marriage. And once again he said it was his personal religious convictions that made him no longer support gay-marriage.

[...]

In 2004 Obama upgraded to Obama 2.0 and became a real politician. Like any real politician his position crapped on the 14th Amendment. His official stance was the issue was separate but equal (because we all know how that worked out the first time).  I can only conclude that this was a position taken because at the time Guns, God, and Gays.  Even at this time he supported Civil Unions thus supporting the freedom to love and live with whoever you want. The moral of the story is apparently politics are stupid and make good rational men make terrible decisions for no real reasons.

Then in 2012 crazy eyes Uncle Biden blurted out in front of the whole family on Thanksgiving that President Obama is gay for gay-marriage. Interestingly his policy shift happened 2 months after the Ninth Circuit issued their decision on Perry v. Brown and after it was announced it would be heading for the Supreme Court in the not too distant near. 

I never understood the whole "evolving" phrase. If you know where you are heading intellectually why not just go there and cut out all the bullshit. Anyway, recently in his book, David Axelrod has back up my hunch.

Because of Axelrod's statements, it forced the President to respond via BuzzFeed, naturally:

“I think David is mixing up my personal feelings with my position on the issue,” Obama said. “I always felt that same-sex couples should be able to enjoy the same rights, legally, as anybody else, and so it was frustrating to me not to, I think, be able to square that with what were a whole bunch of religious sensitivities out there.” 

Obama said he believed at the time that civil unions were “a sufficient way of squaring the circle,” but that “the pain and the sense of stigma that was being placed on same-sex couples who are friends of [his]” changed his mind. 

“I think the notion that somehow I was always in favor of marriage per se isn't quite accurate,” Obama said. “The old questionnaire … is an example of struggling with what was a real issue at the time, which is, how do you make sure that people’s rights are enjoyed and these religious sensitivities were taken into account?”

Busted. One thing that probably should be mentioned again, the President campaigned in favor of same-sex marriage for his second term. So while I half heartedly call him a liar, it should not delegitimize either his authority on the subject or the progress gained due to his support.

The only portion of the President's statements that I really take issue with is "The old questionnaire … is an example of struggling with what was a real issue at the time, which is, how do you make sure that people’s rights are enjoyed and these religious sensitivities were taken into account?"

Once again it comes down to the question, "what about my religious sensitivities?" Why can't I get married in a church, just because someone from a different religion disagrees? Why should my religious beliefs count less?

I am glad to see that I have prevailed, and my hunches have been validated.


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

Sunday Morning Slander

This just in from the "some people just wanna get sued" file:

Credits for the video belong to sfpublicdefender at Youtube.com.

On January 27, 2015 at the San Francisco Hall of Justice, Deputy Public Defender, Jami Tillotson, was arrested for resisting arrest. That can't be right?

I watched the video again, and yes it has been confirmed that she has been arrested for resisting arrest.

No, no, no, no, no, no, no. Stupid. stupid. stupid. stupid. No, stupid. No!

Maybe for obstruction, maybe disobeying a lawful police order... Agugh! Even that is mind blowingly stupid.

Ok, police have discretion, right. So let's say, technically, Ms. Tillotson was obstructing justice (I'm not from California, and I am not going to waste my time looking up the Statute.) It would behoove the Police Department to not arrest her without having absolute certainty, because by arresting her in front of her CLIENT in a COURTHOUSE you have deprived her client of their 6th Amendment right and not mention a whole host of privileges that go with it.

Sorry for being lazy before. It would appear that obstruction and resisting arrest are treated by the same Statute.  Here is Cal. Penal Code § 148(a)(1):

Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

The nonsense phrase of arrested for resting arrest makes more sense... sort of... well not really as this is not obstruction which Black's Law Dictionary defines as:

Interference with the orderly administration of law and justice, as by giving false information to or withholding evidence from a police officer or prosecutor, or by harming or intimidating a witness or juror.

So nope to resist and nope to obstruction.

Furthermore what the fuck where the police doing gathering information at the Courthouse? That's very late to be gathering evidence.

And because the police were wrong, not only are they open to several lawsuits, but any would be evidence would be inadmissible. So great job dic. You'll be promoted to Chief any day now.

Alright I'm bored by this now. So much more to this based off of other articles.


Liam '15

Green Shirt

This last week, Mary Cheney posted on her Facebook page:

"Why is it socially acceptable — as a form of entertainment — for men to put on dresses, make-up and high heels and act out every offensive stereotype of women (bitchy, catty, dumb, slutty, etc.) — but it is not socially acceptable — as a form of entertainment — for a white person to put on blackface and act out offensive stereotypes of African Americans?" she asked. "Shouldn't both be OK or neither?"

Advocating blackface?! Yeah that was cheap of me, but zero shits are given on my end.

Earlier this week I was thinking of responding, but why speak as an advocate when you can post a response from a member of the community:

I cannot resist posting the top comment, which was posted by Betty Bowers:

Sorry, once again I couldn't resist.

I'm planning to post later on advocacy, because there are too many issue that I want to write about that cannot fit here. But if I can't find the words I won't.


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