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Politician Wants Arrests After Gays Marry

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There’s a big fight underway right now in Alabama, with a Judge overturning a marriage ban and state officials refusing to obey his order to issue licenses. Anti-gay politicians are threatening to ban all marriage licenses if the Supreme Court rules in favor of equality. And one lawmaker even wants to send clerks to jail if they issue licenses to anyone — gay or straight.

Late on Friday, a Federal judge in Alabama ruled that the state’s marriage ban is unconstitutional, and that the state must begin issuing licenses right away. Attorney General Luther Strange didn’t care for that, and has asked for an indefinite stay. Meanwhile, a state association of judges has advised their members that they can just disregard the ruling. This is almost certainly dead wrong, and I’ll talk about why in a minute. But as of this week, gay and lesbian couples are attempting to obtain marriage licenses in Alabama, so expect a tense standoff to play out over the next few days.

It’s worth pointing out that last week President Obama made history by endorsing marriage equality in the State of the Union, saying that gay and lesbian couples getting married represents “America at its best.” The last time anyone talked about marriage in a State of the Union was George W. Bush, calling for a federal constitutional ban, so this is a little better.

It makes good political sense to endorse marriage equality right now, because a new survey from Zogby shows that by 5 percentage points, voters are now less likely to vote for a candidate who opposes the freedom to marry. This puts some anti-equality Republicans in a tough spot. They can either admit they were wrong, and come out for marriage. Or they can double-down and get even more anti-gay.

That’s what Mike Huckabee did last week. He said that if the Supreme Court rules in favor of equality, states don’t have to obey the decision, and could still refuse to provide licenses. Obviously, that’s not true at all, thanks to a litte-known document called the U.S. Constitution. Maybe Huckabee has just never read it as far as Article 6, which says “The Laws of the United States … shall be the supreme law of the land; and the judges in every state shall be bound thereby.” In fact, Huckabee’s argument is identical to the one used in 1957 by another Arkansas Governor, Orval Faubus. He said the state didn’t have to abide by the school desegregation ordered in Brown v. Board of Education, and President Eisenhauer had to send the National Guard to force him to comply. So Huckabee’s great company here.

In fact, in 1958, Governor Faubus closed all Little Rock high schools for a year, for white and black students, so they wouldn’t have to be integrated. And now, that’s exactly the same strategy that anti-gay officials are pursuing with marriage. In Florida, several counties have canceled all courthouse weddings, for straight and gay couples. A South Carolina bill would revoke the salary government employees who allow a gay or lesbian couple to marry. And a crazy proposal by Representative Todd Russ in Oklahoma would prohibit state officials from issuing marriage licenses altogether. Under his proposal, state officials who issue a marriage license to any couple, gay or straight, would go to jail for up to a year.

Obviously, judges refusing to obey federal rulings, and ludicrous bills Oklahoma’s have no chance of passing constitutional muster. But they don’t have to — they’re not supposed to pass, their only purpose is to intimidate. To let us know we’re not welcome. Huckabee and Ross and officials like them are on the same page as segregationists like Orval Faubus. And that’s how history will remember them. By the way Faubus ran for governor again, 30 years later, but he was defeated by a kid named Bill Clinton.

48 Comments

  • 1. RnL2008  |  January 26, 2015 at 10:36 am

    OMG, the ANIMUS that these folks have for Gay and Lesbian American Citizens is just SHOCKING……ummm, NOT!

    Truly though, if these idiots try these antics, more lawsuits will be filed and this time it will be clear that the reason for these actions is just plain hate towards a minority group……not gonna go well for these idiots!!!

    Remember, STUPID should hurt!!!

  • 2. F_Young  |  January 26, 2015 at 10:42 am

    US: New Maryland governor axes LGBT anti-discrimination regulations

    "One of the regulations withdrawn, enacted by former Democratic governor Martin O’Malley, prevented discrimination against LGBT people in Medicaid provisions."

    http://www.pinknews.co.uk/2015/01/26/us-new-maryl

  • 3. Zack12  |  January 26, 2015 at 10:54 am

    Elections have consquences.

  • 4. All_American60  |  January 26, 2015 at 11:06 am

    Hatred, throughout world history, is most often driven by religion. (I'd find another religion.)

  • 5. ReadLearn  |  January 26, 2015 at 11:20 am

    I haven't read this any where else. Is it accurate? The judge issued a 14 day stay, so no one is able to get a marriage license for that reason, so they are not exactly "refusing." The video just seems wrong – Clerks are refusing to issue licenses "this week," because of the stay.

  • 6. F_Young  |  January 26, 2015 at 11:41 am

    Bishops Freak Out After Catholic Hospitals Consider Giving Equal Rights To Gay People
    http://thinkprogress.org/justice/2015/01/26/36153

  • 7. GregInTN  |  January 26, 2015 at 11:52 am

    I think it's more a case of "Overcome By Events". I think he made the video before the temporary stay was issued but after the Probate Judges Association issued their "advice".

  • 8. SoCal_Dave  |  January 26, 2015 at 12:19 pm

    These are the kinds of people Judge Sutton wants us to win over and let them vote on our civil rights. I sure hope SCOTUS is seeing all this.

  • 9. 1grod  |  January 26, 2015 at 12:35 pm

    Greg – Its one more case of "Overcome By Events". Others have acknowledged the variety of challenges Matt faces, and there's a willingness to cut him slack.

  • 10. RemC_Chicago  |  January 26, 2015 at 12:44 pm

    Heck, I hope SUTTON is seeing this.

  • 11. RnL2008  |  January 26, 2015 at 1:20 pm

    My opinion about Judge Sutton is well…….I'm to much of a civilized person to post what I truly think about him, as well as Cook and all the other hateful bigots out there……lol!!!

  • 12. GregInTN  |  January 26, 2015 at 1:35 pm

    I think you may have misinterpreted the tone of my reply. The sense I intended to convey was "It's more a case of "OBE" than an inaccurate video". By changing what I wrote ("more a case of") to ("one more case of"), it makes it sound like I was "piling on" criticism of Matt which was not my intent.

  • 13. hopalongcassidy  |  January 26, 2015 at 2:38 pm

    Good people just naturally do good things, bad people do bad things. For good people to do bad things, that takes religion.

    -Steven Weinberg

  • 14. Mike_Baltimore  |  January 26, 2015 at 2:43 pm

    Hogan has now been forced to amend his previous EO to add to Section K wording that helps protect GLBT individuals. The amended EO now reads:

    "Employees shall adhere to all applicable laws and regulations that provide equal opportunity to all Marylanders regardless of race, color, religion, gender, national origin, age, disability, [or] sexual orientation, MARITAL STATUS, OR GENDER IDENTITY." (The added words are capitalized; deleted words are in [ ] )
    ( http://www.gov.state.md.us/012315_exec_order.pdf )

    Why the original order did not contain such language is beyond me, but then again, one of his campaign advertisements had one of his daughters saying that Hogan would not put any restrictions on non-prescribed birth control pills. (I'm not sure what state or country Hogan and family live in, but I'm not aware of any place in the US where birth control pills are non-prescription.)

  • 15. josejoram  |  January 26, 2015 at 5:12 pm

    Irresponsable discourse by catho-fascists.

  • 16. Dr. Z  |  January 26, 2015 at 5:48 pm

    When my husband was a teenager he was send to "conversion therapy" by his atheist parents. And the Australian Labor PM who blocked marriage equality there was also an atheist.

  • 17. RnL2008  |  January 26, 2015 at 7:13 pm

    I wanted to share with you what someone thinks about Marriage:
    Good grief.

    Government is an institution that serves the public interests, the political body that exercises traditional functions like military and police (which themselves are their own institutions, and can be managed separately.)

    OF COURSE marriage is an institution that some qualify for! Just like ANY OTHER institution, like labor unions. Are CEO's allowed to join a labor union? No!

    They are called privileges, not rights. Institutions do no give rights, only privileges. Like the privilege to work for Microsoft, or marry a someone to create a new household.

    The State, itself an institution, cannot define other institutions it does not create. Marriage was never created by the state, which would violate the separation of church and state in MOST cases.

    All easily refuted … again.

    If you don't like what marriage means to the whole world … don't marry! LOL!

  • 18. Mike_Baltimore  |  January 26, 2015 at 7:14 pm

    OBE stands for 'Officer of the Most Excellent Order of the British Empire'. It is the most junior and most populous order of chivalry in the British and other Commonwealth honours systems.

    That is one of many things OBE can stand for. Other things OBE can stand for are:
    Out of Body Experience
    Outcome-Based Education
    Online Booking Engine
    On-Board Equipment
    Office of Business Economics
    Other Buggers Efforts
    Overtaken By Events
    Etc.

    Mind telling us what you mean when you write 'OBE'? If it was 'overcome by events', then since you have not explained it, you should (that is the grammatically correct manner in which to present information). If someone says 'Portland', do they mean Portland, Maine; Portland, Oregon; Portland, Indiana; Portland, Tennessee or some other Portland? (There are 14 states in the US with a place name of Portland.)

    This video just illustrates further why I think the videos and/or transcripts Matt appear in need a date placed on them. And the events of this past week/weekend/today also indicate there should be a time of production of the videos. Doing so just might eliminate most or all confusion of the content of those videos.

  • 19. GregInTN  |  January 26, 2015 at 7:28 pm

    In both my original posting and the first reply the phrase was fully used "Overcome By Events". By the third usage I decided to abbreviate it.

  • 20. VIRick  |  January 26, 2015 at 7:29 pm

    Mike, I love you dearly whenever you out-do yourself with one of these amusingly over-the-top anal discharges!

    Which reminds me, OBE could also stand for "On-line Bullshit Expert."

  • 21. All_American60  |  January 26, 2015 at 7:55 pm

    Many thanks, Dr. Z, for your living-proof exception to my "most often" statement. I wonder about the background of atheists, who own actions such as you describe.

  • 22. VIRick  |  January 26, 2015 at 8:07 pm

    Greg, agreed. It was perfectly clear.

    However, whenever Mike does this, you should feed and stroke his ego, by retorting with a totally zany answer.

    Actually, one of these days, I'm going to feed and stroke something else for Mike besides his ego, but that's just a little coy side-play issue between Mike and myself to get his full attention.

  • 23. Mike_Baltimore  |  January 26, 2015 at 8:10 pm

    On-line Bullshit Expert – of which you are experienced in?

    Just because I know of a site that contains the information I need just might mean I've researched the subject a bit more, or you don't know how to properly phrase the search?

  • 24. VIRick  |  January 26, 2015 at 8:21 pm

    Yay, I got your attention!

    OK, I concede. When it comes to that, researched or not, we're both experts.

    Now, moving on, what about the "something else?" That should cheer you up. Check my profile, and send me a follow-up.

  • 25. Mike_Baltimore  |  January 26, 2015 at 8:23 pm

    Showing that all you did was take a lazy way out. Proper grammar says that if you use an acronym, it should be preceded by the full indication of what the acronym means. There can be exceptions, such as NYC, but proper grammar says the exceptions should be very few.

    By the way, when I was in High School, there was a High School in the city of Portland, Indiana that was a member of the athletic conference the High School I attended was in. Thus I knew of at least a third city (and others) named Portland. Were you aware that it is a somewhat popular name of a locale in the US? Including at least one city in TN?

  • 26. VIRick  |  January 26, 2015 at 8:51 pm

    http://www.timesdaily.com/news/state-capital/gay-
    "Gay Alabama Lawmaker Threatens to Reveal Colleagues' Affairs"

    MONTGOMERY – State Rep. Patricia Todd, D-Birmingham, had a warning for her Statehouse colleagues over the weekend. “I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have,” Todd, the state’s only openly gay lawmaker, said on Facebook over the weekend. “I will call out our elected officials who want to hide in the closet."

    Todd was responding to comments from her fellow lawmakers after Friday’s decision by a federal judge to overturn the state’s ban on same-sex marriages. “It is pretty well known that we have people in Montgomery who are or have had affairs …” Todd told the TimesDaily this morning (26 January 2015). “I just want them to be careful what they’re saying. Some of it might come back to stick on them.” Todd said she was hurt and angered by some of the remarks and backlash she has heard since Friday. “But I know I’m on the side that is going to win, and I’m sorry they’re so ignorant,” she said.

    Several high-profile GOP leaders have spoken out against the ruling, and Attorney-General Luther Strange asked the judge to stay her order until the U.S Supreme Court considers gay marriage later this year.

  • 27. GregInTN  |  January 26, 2015 at 8:57 pm

    I think the lazy way out would have been not to have contributed to the discussion at all.

  • 28. VIRick  |  January 26, 2015 at 9:09 pm

    https://www.facebook.com/gaypridevi

    We now have a new group here, breaking through all sorts of stereotypes, called "Church Ladies for Gay Rights."

  • 29. Wolf of Raging Fires  |  January 26, 2015 at 10:14 pm

    Stupid should hurt A LOT!!!

  • 30. RnL2008  |  January 26, 2015 at 10:18 pm

    You know it should…….lol!!!

    Sent you an e-mail:-)

  • 31. samg68  |  January 26, 2015 at 10:31 pm

    http://www.scribd.com/doc/253804499/15-1022-Show-

    A parting gift from McDaniel in Arkansas…

  • 32. VIRick  |  January 26, 2015 at 11:04 pm

    Wolf, stop stealing Rose's lines. She has a patent on that one. LOL

  • 33. Raga  |  January 26, 2015 at 11:08 pm

    I don't know if this was reported already by somebody, but on Friday, the Nebraska District Court Judge Joseph F. Bataillon issued a text order canceling the January 29 hearing "pending further order of the Court". Briefing on the motion to stay proceedings was completed two days ago.

  • 34. VIRick  |  January 26, 2015 at 11:12 pm

    In "Jernigan v. Crane," in which the outgoing Arkansas AG, Dustin McDaniel, is the appellant:

    "The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees. Accordingly, appellant is directed to show cause, within fourteen (14) days of the date of this order, why this appeal should not be dismissed for failure to prosecute. See Eighth Circuit Rule 3C. January 26, 2015 Order Entered Under Rule 27A(a): Clerk, U.S. Court of Appeals, Eighth Circuit. ___________/s/ Michael E. Gans

    Appellate Case: 15-1022 Page: 1 Date Filed: 01/26/2015 Entry ID: 4237864"

    So, in 14 days, if the case which has already struck down Arkansas' ban on same-sex marriage, is thus dismissed for failure to prosecute ……

    This is an excellent maneuver by AG Dustin McDaniel, who never should have appealed the ruling in the first instance.

    Still, the endless twists and turns in the protracted saga for marriage equality become more and more curious.

  • 35. scream4ever  |  January 27, 2015 at 12:20 am

    Yah someone posted that on here. I'm surprised it didn't make the news rounds to be honest. I suspect he may be ready to simply issue a ruling without a trial, similar to what happened in Montana. He really has no reason to put it off considering he clearly will rule in our favor and the 8th Circuit isn't putting the other cases on hold.

  • 36. F_Young  |  January 27, 2015 at 12:43 am

    Gay Alabama Lawmaker Threatens To Expose Colleagues' Marital Infidelities

    "Alabama's only openly gay legislator is putting her anti-gay colleagues on notice: If they keep espousing family values rhetoric as a reason to oppose marriage equality, she'll start making their marital infidelities public."
    http://www.huffingtonpost.com/2015/01/26/patricia

    Yup, when politics gets rough, you have to be able to respond in kind. Of course, this type of threat only works if you yourself can't be accused of doing what you accuse the enemy of doing.

  • 37. flyerguy77  |  January 27, 2015 at 12:49 am

    So, the 8th Circuit of Appeals CAN dismiss the appeal if the state does not pay up the fee and lower court's decision will go into effect?

  • 38. samg68  |  January 27, 2015 at 1:20 am

    Sadly that's not going to happen, the new AG will pay, but her response should be amusing.

    Interestingly stern order from the 8th though, they surely are aware of the change in AG given the order specifies that the case includes McDaniel's successor.

  • 39. F_Young  |  January 27, 2015 at 2:34 am

    Gay rights advocates, religious freedom supporters speak out on Idaho's 'Add the Words' bill
    http://www.foxnews.com/us/2015/01/27/gay-rights-a

  • 40. F_Young  |  January 27, 2015 at 3:27 am

    Confusion, Optimism Remain as Vietnam Decriminalizes Gay Marriage
    http://www.voanews.com/content/confusion-optimism

  • 41. Rick55845  |  January 27, 2015 at 5:20 am

    That is interesting news. I hope he is planning to just issue an order. It'll be pro-ME.

    Was this Nebraska case both recognition and performance?

  • 42. F_Young  |  January 27, 2015 at 5:37 am

    Sorry, social conservatives: A Supreme Court defense of gay marriage won't be the next Roe v. Wade

    "In fact, it’s the anti-gay-marriage side that, if it got its way, would overturn laws — and nullify same-sex marriages — in 36 states. Now that’s an outcome that would energize a grassroots movement — in defense of gay marriage."

    http://theweek.com/articles/535469/sorry-social-c

  • 43. F_Young  |  January 27, 2015 at 6:20 am

    The gay marriage litmus test
    Social conservatives won’t let GOP presidential candidates dodge the question.

    "The Supreme Court’s landmark decision — oral arguments are in April, with a decision expected two months later — will only fan the flames of debate on the issue just as the nominating fight is heating up, activists predicted."

    http://www.politico.com/story/2015/01/the-gay-mar

  • 44. Litdes  |  January 27, 2015 at 7:22 am

    "And one lawmaker even wants to send clerks to jail if they issue licenses to anyone — gay or straight."

    Really, this is what passes for acceptable in the south? Grow up, live up to the Declaration of Independence and the principle that we have been striving for, and failing spectacularly, for 200 years, namely equality under the law.

  • 45. Wolf of Raging Fires  |  January 27, 2015 at 7:29 am

    I have it on good authority that she won't sue me lol

  • 46. hopalongcassidy  |  January 27, 2015 at 8:39 am

    Demonstrating that some atheists are bad people.
    Not many, though.
    😉

  • 47. Raga  |  January 27, 2015 at 9:56 am

    Yes it's both. But I doubt he canceled the hearing because he didn't feel it was necessary. I think it's because SCOTUS granted cert and resulted in a motion to stay proceedings. Since the Eighth Circuit refused to stay the Missouri case, he will probably go ahead and simply reschedule he hearing. It's also possible he might just rule on the merits without a hearing, but I don't think it likely.

  • 48. callmewit  |  January 27, 2015 at 11:21 pm

    Demonstrating that some people are just bad people. Period.

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