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Equality news round-up: military’s ban on transgender troops to end in May, and more

Community/Meta LGBT Legal Cases

– The Department of Defense is set to end its ban on open transgender service in May.

– Nebraska wants the full Eighth Circuit Court of Appeals to rehear the marriage case.

– Texas says it is now complying with the Supreme Court’s ruling in Obergefell.

Thanks to Equality Case Files for these filings

65 Comments

  • 1. A_Jayne  |  August 26, 2015 at 11:21 am

    Welcome back, Scottie!

  • 2. Bruno71  |  August 26, 2015 at 1:08 pm

    Stay DENIED In Kentucky clerk abrogation case: http://www.scribd.com/doc/276268285/15-5880-28

  • 3. guitaristbl  |  August 26, 2015 at 1:30 pm

    They will go to SCOTUS for sure.

  • 4. sfbob  |  August 26, 2015 at 1:43 pm

    The state isn't going to lift a finger to support her and neither will the county. There's well-established and pretty uncontroversial precedent for a ruling against Davis even. I would guess this is one issue where there's little disagreement between liberal and conservative judges. Civil servants when acting in an official capacity speak for the state, not for themselves.

    Davis and Liberty Counsel will try to go to SCOTUS after being turned down on appeal. SCOTUS won't grant cert. And that will be the end of it.

  • 5. wes228  |  August 26, 2015 at 2:05 pm

    There is no cert to grant yet. They will have to ask Kagan, as Circuit Justice of the 6th Circuit, to grant a stay. She can grant or deny it herself or refer it to the whole Court.

  • 6. Bruno71  |  August 26, 2015 at 2:13 pm

    Curious to see if Kagan decides herself or goes to the whole court. In reality, the best gauge of whether or not that should be done is probably guessing how willing the defendant is to go "justice shopping" after being rejected by the first one. But SCOTUS may have different logic.

  • 7. Tony MinasTirith  |  August 26, 2015 at 2:13 pm

    Request for Stay by Kentucky County Clerk Denied.

    From the 6th Circuits's Order:

    "…The request for a stay pending appeal relates solely to an injunction against Davis in her official capacity. The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell , it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal."

    I guess they told her!

    …and Elena Kagan is Chief Justice for the sixth circuit! hahahahahahahahahah

  • 8. Zack12  |  August 26, 2015 at 2:23 pm

    Hear that Kim.
    Now either do your job, resign or go to jail.

  • 9. RnL2008  |  August 26, 2015 at 2:32 pm

    Boy, now what will she do? Frankly, she belongs in jail on contempt charges UNTIL such time as she decides to follow the law!!!

  • 10. Tony MinasTirith  |  August 26, 2015 at 2:36 pm

    I guess we'll see just how deeply held her beliefs are. I hope the court does soon issue an arrest warrant for contempt and issue fines, if Davis continues to defy the court or refuses to resign.

  • 11. RnL2008  |  August 26, 2015 at 2:47 pm

    Hey Sweetie, good to read your comments and I hope all is well with you and yours. I am 16 days out of total knee replacement surgery and doing very well:-)

    Yes, it would be nice to see her have to put up or shut-up regarding her beliefs……..and UNTIL someone does charge her with contempt, I seriously doubt she will issue Marriage Licenses!!!

  • 12. Tony MinasTirith  |  August 26, 2015 at 3:24 pm

    Hey Rose, Good to have you back too. Hope you and the Mrs. are doing well.

    I'm don't recall if Judge Bunning's stay releases immediately upon the decision of the 6th or only on the 30th. Perhaps someone knows. We should hear soon her response, and if or when she'll appeal to SCOTUS. I highly doubt SCOTUS will grant cert. I hope Justice Kagan refers he issue to the full court instead of denying it herself, otherwise Davis will just prolong this by justice shopping. Hmmm, I wonder if she can request an en banc hearing from the 6th alone on the stay. The courts need to shut these people down quickly. We can't have a group of people claim they're above the law that everyone else in society must adhere to just because they claim they have religion.

    If the private business owner/photographer in New Mexico had no case in SCOTUS, then a public servant would seem to have even less of a case using the same religion rational.

  • 13. aiislander  |  August 26, 2015 at 3:30 pm

    There has been far too much leniency already on this four-times married hypocrite. Slap her with contempt and throw her overly ample ugly butt into the hoosegow! Preferably as a cellmate of a very strong and very overly aggressive lesbian with anger and impulse control issues!

  • 14. sfbob  |  August 26, 2015 at 3:38 pm

    There won't be enough votes in the whole court to grant a stay which is why Kagan will go there rather than simply turning the request down.

  • 15. sfbob  |  August 26, 2015 at 3:42 pm

    There are good reasons to keep her OUT of jail. If she's held on contempt charges, the county judge executive could issue marriage licenses in her stead which he has indicated he'd be willing to do. That would provide an immediate benefit to the plaintiffs but it might also moot their case, thereby freeing Davis to go right back to violating the law.

  • 16. sfbob  |  August 26, 2015 at 3:44 pm

    I'm not sure but I don't think an en banc re-hearing is available on a preliminary injunction, only on a final decision. Perhaps someone with more expertise could correct me if I'm mistaken.

  • 17. Elihu_Bystander  |  August 26, 2015 at 3:47 pm

    The Sixth Circuit Panel:

    Damon Keith nominated by Jimmy Carter 1977

    John M. Rogers nominated by G. W. Bush 2001

    Bernice B. Donald nominated by Barack Obama 2011

  • 18. Bruno71  |  August 26, 2015 at 3:50 pm

    Unfortunately, the temporary stay is likely still in effect until after August 31st or SCOTUS acts.

  • 19. dlejrmex  |  August 26, 2015 at 3:56 pm

    There is something in the water in KY… here is the other Davis saying he will die before issuing a marriage license… sheesh…
    http://www.rightwingwatch.org/content/kentucky-cl

  • 20. Tony MinasTirith  |  August 26, 2015 at 4:00 pm

    I don't think she is entitled to even request an en banc hearing on the stay denial…but I'm not sure either. I do know if they could get away with it, they would do whatever they can to stall and delay the implementing of the district ruling.

  • 21. RnL2008  |  August 26, 2015 at 4:04 pm

    We are doing good………I'm just recovering and she's making sure I follow the doctor's orders and the physical therapist.

    I'd tend to agree with you as well, have Justice Kagan refer to the whole court…..this prevents Justice shopping.

    Hi Bob,
    You have a point, but when is ENOUGH truly enough? She has had her 15 minutes of fame and Liberty Counsel has proven time and again that they give poor legal advice……….maybe instead of just a lawsuit to make her compile, the plaintiff's file a lawsuit for damages……..maybe a heavy financial burden might help her to see the stupidity of her ways….though doubtful.

  • 22. sfbob  |  August 26, 2015 at 4:13 pm

    Possibility. Of course if the plaintiffs do that she'll immediately declare bankruptcy.

  • 23. sfbob  |  August 26, 2015 at 4:14 pm

    I guess he'll just hold his breath until he dies. Or something. These people really have some sort of martyr complex; it's more than a bit creepy.

  • 24. Tony MinasTirith  |  August 26, 2015 at 4:21 pm

    They'd need 5 votes from SCOTUS justices to grant a stay wouldn't they? Or is it 4? I think it's 5.

  • 25. Tony MinasTirith  |  August 26, 2015 at 4:22 pm

    It's as I said…the luck of the draw with the Panel. Imagine, we might not have a SCOTUS ruling Marriage Equality the law of the land if this was the Panel in the Obergefell case last year… instead the fall of the bans in the 6th, while the 11th, 1st and 8th and 5th wound their way up to SCOTUS. By then Ginsburg will probably be gone.

  • 26. Tony MinasTirith  |  August 26, 2015 at 4:26 pm

    Or more likely start a religious GoFundMe Campaign and gain 4x the fine. This has probably been her plan all along. To become a martyr, start a godfundme type campaign (there is a religious version) and make out like a bandit.

    Davis is going to milk donors for everything she can and laugh herself all the way to the bank and into an early retirement… unfortunately. She will be taking a page from NOMs playbook.

  • 27. Tony MinasTirith  |  August 26, 2015 at 4:28 pm

    I'd just tell him, don't let the coffin lid hit you on the way out.

  • 28. RnL2008  |  August 26, 2015 at 4:33 pm

    Damn, these folks are just down right MORONS and are totally CLUELESS as to God's message truly is and that they somehow think they have some right to speak for God or some Higher Power and they really should get theor own closet in order first!!!

  • 29. VIRick  |  August 26, 2015 at 4:48 pm

    Tropical Storm Erika Up-Date

    Basically put, we're doing a repeat drill from Hurricane Danny (which fizzled out), only this time, it could be for real, as it's already quite breezy here, and the blessed thing, with a much larger, but ill-defined storm mass, is heading directly toward us.

    Tropical Storm Warnings are already in place for all the islands from Antigua through to Puerto Rico, inclusively, with Tropical Storm Watches in place for Guadeloupe, the north coast of the Dominican Republic, the Turks and Caicos Islands, and the SE Bahamas.

    At 2 PM tomorrow, Thursday, 27 August, the center of Erika is projected to be located at 18.1N and 64.0W. We're at 18.35N and 64.85W. That means, at best, that the center will pass about 10 miles to our south,– maybe,– or right through the front door if we're not so lucky. They're predicting 3-5 inches of rain, with up to 8 inches falling on higher elevations (my biggest concern). So, if/when the electrical power is shut off, I'm done for the duration. And with blowing rain and flooding, the power will be shut off.

    This afternoon, Wednesday, the early flight from Miami got in (and out), but that will be the last service until after the storm passes. The cruise ship port continues to remain closed.

  • 30. RemC  |  August 26, 2015 at 5:09 pm

    Hate those hurricanes. Bleah. At least with them, unlike earthquakes, you know when one is coming and can prepare. When the power went out, and the oven & refrigerator died—I'd eat chocolate chip cookies for days out of anxiety. And read by candlelight.

  • 31. Tony MinasTirith  |  August 26, 2015 at 5:11 pm

    Do you have a Storm Shelter you could get to? I don't even know what we'd do without your constant esoteric marriage news posts. Hopefully Erika will fizzle out too.

    Good Luck Rick.

  • 32. VIRick  |  August 26, 2015 at 5:26 pm

    Sixth Circuit Court DENIES Stay Pending Appeal as Demanded by Anti-LGBT Kentucky County Clerk Kim Davis

    According to the Sixth Circuit Court, on 26 August 2015, Kentucky county clerk Kim Davis has “little to no likelihood” of prevailing upon appeal. Equality Case Files has the ruling:

    “The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.”

    It’s not yet clear if today’s ruling dissolves the temporary stay issued last week by a lower court. That stay was due to expire on 31 August. It’s expected that the Liberty Counsel will now immediately appeal to SCOTUS. http://www.joemygod.com/2015/08/26/breaking-sixth

  • 33. Tony MinasTirith  |  August 26, 2015 at 5:47 pm

    If this Davis case gets bumped up to SCOTUS for a Cert request, I hope Kennedy just tells the RATS to talk to the hand….after their disgraceful, unprofessional dissents. Everyone expects the childish unprofessional dissents from Scalia. Robert's should have been more professional and known better.

    With anything going up to SCOTUS regarding residuals to Obergefell, I hope Kennedy won't even give the RATS the time of day because of their bad attitude. Perhaps on any future gay related cases going to SCOTUS, in relation to Kennedy's vote, the nasty dissents of the RATS will come back to bite them in the ASScots.

  • 34. Tony MinasTirith  |  August 26, 2015 at 6:11 pm

    Julia Gillard’s Just Come Out In Support For Marriage Equality, Which Is A Bit Bloody Late Isn’t It
    http://junkee.com/julia-gillards-just-come-out-in


    Gee, today is just one big reason for LGBTI people and their supporters to bash their heads against the wall in frustration, isn’t it. Giving the Michael Kirby Lecture at Melbourne’s College of Law and Justice earlier today, former Prime Minister and longtime opponent of marriage equality Julia Gillard has magically done an about-turn and announced she’s seen the light on the issue, which would be bloody wonderful if it had happened three years ago when she was in a position to do something about it.

  • 35. VIRick  |  August 26, 2015 at 7:34 pm

    Tony, the last flight has departed, the port is closed, and there's no escape, as the island is way too tiny for there to be any "safe" area. This house is fine as a shelter. We've already survived two massive hurricanes here (not that I need another one). It's more the annoyance of not having electricity (or communications) for an extended period of time that bothers me, just as RemC mentioned. And when it happens, that's it. You may not hear from me for a while, while I slowly go mad from eating too many chocolate chip cookies.

  • 36. VIRick  |  August 26, 2015 at 8:25 pm

    Meanwhile, there are the other two Kentucky clerks who are refusing to issue marriage licenses to same-sex couples, one of which is seriously begging for a lawsuit. So far, no one has bothered with him, no matter how much pleading and begging he has done. From http://www.advocate.com :

    Casey County Clerk Casey Davis and Whitley County Clerk Kay Schwartz also object to issuing marriage licenses to same-sex couples; like Kim Davis, they say that doing so would violate their Christian beliefs.

    In an interview this week with a West Virginia radio host, Casey Davis said he’s showing love to LGBT people by telling them they’ll go to hell if they don’t repent of their “lifestyle of sin.”

    “When you stand for what’s right and when you tell someone of the danger that they are in, and I think that when a person lives a lifestyle of sin, whether it is homosexuality or drunkenness or drug addiction or adultery or thievery or any kind of sin that you continue in or live in, you are endangering yourself of spending eternity in hell,” Davis told Tom Roten. “So in my view of what the Bible says, when you’re truly loving someone, you stand and you lovingly tell them, ‘This is not the way to heaven, this is not the way of right.’” Davis also said he’s willing to die over the issue. http://www.advocate.com/marriage-equality/2015/08

  • 37. Tony MinasTirith  |  August 26, 2015 at 8:35 pm

    Well at least tie yourself to a palm tree and put on your floaties. If we don't hear from you in a week, we'll send out the Coast Guard. Hopefully in the meantime, The Davis Clerk's in Kentucky will have complied, or be in Federal Prison with Rod Blagovich.

  • 38. VIRick  |  August 26, 2015 at 8:39 pm

    In answering my own query, Judge Bunning's temporary stay is still due to expire on Monday, 31 August 2015. So, Kim Davis and her staff had better be ready to issue marriage licenses to everyone, effective from that date. The rest of the case can continue on its merry appeal.

    And btw, since SCOTUS refused to extend Judge Hinkle's stay back in December 2014 on the cases involving marriage equality for the entire state of Florida, I can not see them extending any stay on a case involving some lowly clerk post-"Obergefell."

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

    Tony, if worse comes to worse, we hide in the closet,– literally!!

    The latest projections now place Erika at 18.6N and 65.0W by about 8 PM tomorrow, 27 August. So, that means that the center will pass about 10-15 miles to our north,– maybe.

  • 40. Tony MinasTirith  |  August 26, 2015 at 8:55 pm

    Ohhhh, and I'm sure you HATE going back in the Closet. Take your tablet with you, so you can keep giving us updates on the latest Marriage Equality Happenings in Mexico as long as you have battery power and cell or wifi.

  • 41. VIRick  |  August 26, 2015 at 9:28 pm

    El Salvador Supreme Court Rules Street Gangs are Terrorist Groups

    El Salvador's Supreme Court ruled Monday, 24 August 2015, that the country's street gangs and those who support them financially will now be classified as terrorist groups. The ruling was made as part of a denial of attempts to challenge the constitutionality of the El Salvador's Special Law Against Terrorist Acts. The court defined terrorism as the "organized and systematic exercise of violence," placing any gang which attempts to claim state powers in that category. The freezing of funds belonging to those tied to terrorist groups was also deemed constitutional by the court.

    El Salvador has faced many controversial issues in recent years. In April 2015, the Legislative Assembly of El Salvador approved a measure to amend the constitution to limit marriage and adoption to couples with only one man and one woman. http://jurist.org/paperchase/2015/08/street-gangs

  • 42. VIRick  |  August 26, 2015 at 9:52 pm

    Per Equality Case Files:

    In "Ramsay v. Dalrymple," one of two North Dakota marriage cases in federal court:

    Today, 26 August 2015, the parties have reached an agreement on the Plaintiffs' attorney's fees and costs in the amount of $58K.

    "In the interests of resolution of this matter without further litigation and the further accumulation of attorneys’ fees and costs, the Parties, by and through their counsel of record, now hereby stipulate to an award of attorneys’ fees and costs to Plaintiffs."

    The breakdown is:
    – $48, 717.00 to Madia Law, LLC
    – $6,997.08 to National Center for Lesbian Rights
    – $2,285.92 to Thomas Fiebiger, Esq. http://files.eqcf.org/cases/314-cv-00057-72/

  • 43. VIRick  |  August 26, 2015 at 10:01 pm

    Per Equality Case Files:

    In "Jernigan v. Crane," the Arkansas marriage case in federal court:

    On 26 August 2015, the Wagoner Law Firm filed a motion for $49,754 in Plaintiffs' attorney fees in the district court case.

    The plaintiffs' attorney, Cheryl Maples, has previously filed a separate motion for $15,900.00 in fees and $511.47 in costs in the district court case.

    Also filed today was Wagoner's motion for $12,897.50 in plaintiffs' attorney fees for the appeal to the 8th Circuit Court of this same case. http://files.eqcf.org/cases/413-cv-00410-71/

  • 44. VIRick  |  August 26, 2015 at 10:13 pm

    Per Equality Case Files:

    In "Hard v. Bentley," with the SPLC representing the Alabama widower in the wrongful death suit, seeking recognition of his Massachusetts marriage, while contending with the evil mother-in-law:

    Pat Fancher, intervenor, represented by Roy Moore's Foundation for Moral Law, as of 26 August 2015, is appealing the district court ruling in favor of Paul Hard to the the 11th Circuit Court. The notice is here: http://bit.ly/1Lxw31l

    Fancher also wants an injunction, restraining order, or something,– anything,– in place to assure that Paul doesn't get access to the funds duly owed him while her appeal is pending.

    This woman is giving fleas a bad name, while Roy Moore's "non-profit" sucks her dry like a nightmare vampire.
    http://files.eqcf.org/cases/213-cv-00922-99/

  • 45. Mike_Baltimore  |  August 26, 2015 at 10:13 pm

    "slowly go mad from eating too many chocolate chip cookies."

    And/or fat?

    VBG

  • 46. scream4ever  |  August 26, 2015 at 11:22 pm

    Yah this will be slapped down quick.

  • 47. scream4ever  |  August 26, 2015 at 11:29 pm

    I believe cunt is a fitting term for this woman.

  • 48. VIRick  |  August 26, 2015 at 11:37 pm

    At 2 AM on 27 August 2015, the center of TS Erika was located 55 miles NE of Guadeloupe, 70 miles ESE of Antigua, and 290 miles ESE of us. The worst winds and squalls are to the north and east of the center, so Antigua is presently in the bull's eye. Then St. Barths, St. Martin, Anguilla. Then the British Virgin Islands. We want it to pass to our north. But right now, the wind is whistling in from the north, meaning that we are on the western, or leading edge. Obviously, the electrical power is still on. However, otherwise, and except for emergency personnel, our local government of the USVI, as well as all the banks, will be shut down on Thursday, 27 August. The airport is already closed (except for the NOAA Hurricane Hunters), the port has been closed to shipping for days, and ferry service between the islands is suspended.

    At 5 AM on 27 August, the center of TS Erika was located at 16.8N and 61.5W, or about 35 miles N of Guadeloupe and 30 miles SE of Antigua, as the center of it cuts between those two islands, meaning, too, that it's aimed directly at the tiny island of Montserrat. It has gained some strength, and the barometer here (mounted on the living room wall) has begun to drop.

  • 49. Tony MinasTirith  |  August 27, 2015 at 12:11 am

    I try hard to refrain from name calling. It's not always easy though. I try to stick to attacking their position, their argument, their methods instead of attacking them personally…though it's tough.

  • 50. VIRick  |  August 27, 2015 at 12:58 am

    "…. cunt …."

    OK, so who can draw us a picture? I have no idea what one of those might be, or what it could possibly be used for!!! Does anyone have a clue?

  • 51. F_Young  |  August 27, 2015 at 2:53 am

    Good luck, Rick. We'll miss you if you're out for the duration.

  • 52. JayJonson  |  August 27, 2015 at 6:03 am

    Why hasn't he been sued? Have no gay couples applied for a license in Casey County?

  • 53. JayJonson  |  August 27, 2015 at 6:10 am

    Inasmuch as former Australian Supreme Court Justice Michael Kirby was one of the first prominent Australians to come out as openly gay, it is quite fitting that Gillard's announcement of her change of heart comes in a lecture series named for Kirby.

    For more on Kirby, read here: http://www.glbtqarchive.com/ssh/kirby_m_S.pdf

  • 54. JayJonson  |  August 27, 2015 at 6:16 am

    Sending best wishes your way, Rick. As a survivor of Katrina, I know well the anxiety you must be experiencing. Please keep us up to date on conditions in the Virgin Islands when you can.

  • 55. RemC  |  August 27, 2015 at 6:39 am

    An analysis that provides a more realistic polling results for Trump makes for interesting and educational reading:
    http://www.nytimes.com/2015/08/27/upshot/theres-e

  • 56. RemC  |  August 27, 2015 at 6:40 am

    Greed and hate are potent ingredients for insanity.

  • 57. RemC  |  August 27, 2015 at 6:42 am

    I wonder what scenario would provide Davis with the opportunity to test his willingness to die over the issue?

  • 58. RemC  |  August 27, 2015 at 6:43 am

    Frustrated? I'd be furious. Scratch that. I am furious.

  • 59. RemC  |  August 27, 2015 at 6:48 am

    That's a natural outcome, as I can attest to, but it's indiscreet to point out the obvious, Mike.

  • 60. Tony MinasTirith  |  August 27, 2015 at 7:00 am

    I'm not going to even touch that with a 33 1/3 foot pole.

  • 61. Tony MinasTirith  |  August 27, 2015 at 7:15 am

    I bet scream4ever would put ol' Patty in the same "category", for lack of a better term, that he put Former Australian Prime Minister Julia Gillard, earlier this day. And really, who would blame him??? Though as for me, I'd refrain from using such uncivilized language, as tough as it may be.

  • 62. Tony MinasTirith  |  August 27, 2015 at 7:47 am

    The answer to Marriage Equality is and always has been Love.
    http://www.pridesource.com/article.html?article=7

    This pastor crafted a well written response to those opponents of Marriage Equality who still believe in ancient myths and a rather narcissistic and temperamental deity… Or Ancient Aliens as I like to call them.

  • 63. RobW303  |  August 27, 2015 at 8:23 am

    And yet Davis doesn't deny licenses to divorced people, or people who had premarital sex etc., much less lecture them on their sins, more overtly and repeatedly condemned in the bible by the J-man himself. Great way to "show the love", Casey, you flagrant hypocrite.

  • 64. guitaristbl  |  August 27, 2015 at 9:03 am

    Loony Moore will have money coming his way as long as incredibly naive on legal issues and outrageously bigoted people exist out there.

  • 65. Bruno71  |  August 27, 2015 at 11:33 am

    5

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