Anti-LGBT AL Chief Justice Roy Moore suspended without pay for rest of term, won’t be able to run again
September 30, 2016
The Alabama Court of the Judiciary, which heard ethics charges against Alabama’s chief justice, Roy Moore, for attempting to halt same-sex marriages even after the US Supreme Court handed down its decision in Obergefell, has decided to suspend Moore without pay for the remainder of his term. The ethics court found him guilty of all six charges related to his decisions to halt same-sex marriages in Alabama.
This won’t simply affect Moore’s judiciary service temporarily: in Alabama, he’s term limited by age. At the end of his current term, he’ll be too old to run for chief justice again.
The New York Times hints that Moore may run for governor, as be did that last time he was removed from the bench.
Moore plans to appeal the ruling, according to reports.
Thanks to Equality Case Files for these filings
25 Comments
1.
VIRick | September 30, 2016 at 6:12 pm
CIAA Latest to Cancel Games in North Carolina over HB2
Following similar decisions made by other collegiate sports organizations, the Central Intercollegiate Athletic Association has announced it will relocate championship games out of North Carolina over its recently enacted anti-LGBT law, HB2. The CIAA — which mostly consists of historically black colleges and universities — said in a statement Friday, 30 September 2016, that its board of directors reached the decision to relocate 8 of its 10 North Carolina-based conference championships.
“The CIAA’s transition, beginning with the relocation of 8 championships, is the first step in demonstrating that the conference does not support laws which prevent communities from effectively protecting student-athletes and fans,” the statement says. http://www.washingtonblade.com/2016/09/30/ciaa-la…
2.
Fortguy | September 30, 2016 at 7:30 pm
According to the CIAA's news release, the two championships not being relocated are men's and women's basketball due to time constraints. Despite being an NCAA Division II conference, the men's conference tournament is featured in ESPN's "championship week" coverage before national tournament selections are made, and the CIAA's men's tournament is the most viewed and attended of Div. II conference championships.
3.
Fortguy | September 30, 2016 at 7:40 pm
On yesterday's episode of The Daily Show with Trevor Noah, the show sent its "correspondents" Roy Wood, Jr. and Jordan Klepper to North Carolina to operate a barbecue food truck and discriminate against would-be patrons arbitrarily for appearing "gay" such as a man having lunch with a male co-worker, and then showing their reactions as they explain that they are acting within their legal rights under HB 2. The segment is hilarious.
Here is the link: Putting North Carolina's Anti-LGBT Law to the Test
4.
1grod | September 30, 2016 at 6:18 pm
AS CHARGED ON ALL COUNTS; Thank you SPLC
Although the majority of judges would have removed Mr. Moore, unanimity of the 9 justices was not achieved. Unanimity was achieved on suspending him for the remainder of his term as chief justice without pay. Cost was assign to him!.
What was on interest but not easily ascertained is that only 20 of the 68 probate judges are lawyers. Let these findings be instructive to the hold-out probate judges: Obergefell v Hodges is the law of Alabama! Its your sworn job to follow it
Maybe a complaint against Roy could be made to the Alabama State Law Association: https://www.alabar.org/
5.
1grod | September 30, 2016 at 6:43 pm
"Moore is filing an appeal to the Alabama Supreme Court, his attorney said." from Kent Faulk of The Birmingham News: http://bit.ly/2d1CJJh.
6.
theperchybird | September 30, 2016 at 8:11 pm
They're propping him up to run for Governor now…scary to think he has a shot.
7.
1grod | October 1, 2016 at 3:47 pm
Perchy: Last month WND's poll showed Mr. Moore was the favorite among Republicans in Alabama for governor in 2018. According to a Yellowhammernews report, Moore has huge support among Alabama Republicans. “The Alabama Forestry Association, one of the state’s most influential conservative groups, also commissioned a survey – of 600 likely Republican primary voters and found that Moore’s sky-high name recognition makes him the GOP’s current top choice for governor in 2018
Unless he resigns, Moore would not be able to enter politics while under suspension.
Read more at http://www.wnd.com/2016/09/traditional-marriage-h… http://www.wnd.com/2016/09/traditional-marriage-h…
8.
VIRick | September 30, 2016 at 11:44 pm
Louisiana: Governor Sues Attorney-General For Blocking Contracts Over Their LGBT Protections
Per the New Orleans "Times-Picayune:"
Gov. John Bel Edwards is suing Attorney-General Jeff Landry for blocking state legal contracts over language meant to protect LGBT people from discrimination in the workplace. Edwards filed the lawsuit in a Baton Rouge state court on Friday, 30 September 2016, following a meeting with Landry in which the two officials were unable to reach agreement on whether state contracts should include language that protects LGBT workers.
“He basically told me that if I wanted him to approve those contracts that I would have to sue him,” Edwards said at today's press conference. “So I’m obliging him on that.” Landry has rejected at least three dozen legal contracts for a variety of state government agencies because they include language preventing discrimination based on sexual orientation or gender identity. “I believe he is on the wrong side of the law and the wrong side of history,” Edwards said.
The contracts affect legal issues surrounding the state’s ports, potential medical malpractice awards for patients, and oversight of state bonds, among others. “It’s becoming a real problem because we have to move forward,” Edwards said.
The governor issued an executive order in April 2016 requiring language be included in all state contracts to protect LGBT people from firing and harrassment. Similar language preventing discrimination based on race, religious creed, and political affiliation is also included in all contracts. As the chief executive officer of the state, Edwards believes he has the authority to require such non-discrimination language in state contracts. Two previous governors, Kathleen Blanco and Edwin Edwards, had issued similar executive orders protecting gay people (orders which were subsequently rescinded by Piyush when he became governor).
Landry said he was rejecting the contracts because the state legislature had declined several times to pass laws extending those protections to lesbian and gay people. The attorney-general said he is protecting the will of the legislature in rejecting contracts with LGBT protections.
Added comment per Joe.My.God:
When Landry was a member of the US House, he joined the Tea Party caucus and backed every wingnut policy imaginable.
http://www.joemygod.com/2016/09/30/louisiana-gove…
9.
VIRick | October 1, 2016 at 2:14 pm
DOMA Champion Edie Windsor Remarries At 87
Per NBC News:
Edie Windsor, the 87-year-old LGBTQ activist whose lawsuit against the federal government helped paved the way for same-sex marriage nationwide, has gotten remarried. Windsor and Judith Kasen, 51, tied the knot on Monday, 26 September 2016, at City Hall in New York, the "New York Times" reported on Saturday, 1 October.
Windsor was thrust into the national spotlight after suing the federal government upon receiving a $363,000 estate-tax bill following the death of her first wife, Thea Spyer, in 2009. Her case, "United States v. Windsor," eventually made its way to the US Supreme Court, resulting in the decimation of the Defense of Marriage Act in the landmark decision rendered in 2013.
http://www.joemygod.com/2016/10/01/doma-champion-…
10.
davepCA | October 2, 2016 at 2:34 pm
That's wonderful! Congrats to the happy couple!
11.
VIRick | October 1, 2016 at 4:50 pm
Nebraska: Motion to Dismiss Filed in Federal Anti-Transgender Case
Per Equality Case Files:
On 30 September 2016, in "Nebraska v. United States," the second case in which assorted states are challenging the inclusion of gender identity into the meaning of "sex" in Titles VII and IX, the United States has filed a Motion to Dismiss.
The Motion to Dismiss is here: http://files.eqcf.org/cases/416-cv-03117-18/
This is one of two cases filed by Republican-led states challenging the guidelines. The other is "Texas v. USA," in which Judge O'Connor, on 21 August 2016, has already issued what he purports to be a nationwide injunction.
12.
VIRick | October 1, 2016 at 5:02 pm
Ohio: Defendants Seek Stay in Federal Transgender Case
Per Equality Case Files:
In "Board of Ed of Highland Local School District v. US Dept of Education," the case involving the Ohio school district challenging federal Title IX guidance, the school district and other third party defendants are seeking a stay of Jane Doe's preliminary injunction, pending appeal. They are required to first ask the district court judge for a stay before they can go to the 6th Circuit Court of Appeals to ask that court for a stay.
The Motion for Stay is here: http://bit.ly/2dkuYjc
The Memo in support of the Motion is here: http://files.eqcf.org/cases/216-cv-00524-103/
13.
allan120102 | October 1, 2016 at 11:54 pm
Even though not perfect Igbt irish might finally be able to donate blood if they abstain from sex for a year. This brings it in line with the rest of the UK including NI. The one year deferral should be taken out but its progress at least. The ban will be lifted in January 16 of 2017. http://www.independent.ie/irish-news/health/ban-o…
14.
allan120102 | October 2, 2016 at 9:11 am
Marriage is now definite in Morelos after the supreme court throw out 18 petitions of different municipalities of the state asking them to overturn the legislation of ssm in the state. http://www.etcetera.com.mx/articulo/SCJN+desecha+…
15.
Fortguy | October 2, 2016 at 12:28 pm
Episcopal News Service: Anglican Church of Southern Africa rejects blessing of same-sex civil unions
The article doesn't mention that Ascension and St. Helena will soon have SSM.
16.
VIRick | October 2, 2016 at 1:18 pm
Judge Who Wrote Massachusetts Landmark Marriage Decision Honored for Service
Boston — Former Massachusetts Supreme Judicial Court Chief Justice Margaret Marshall will receive the 2017 Public Service Award from the Boston Bar Foundation. Marshall wrote the landmark 2003 decision granting same-sex couples the right to marry in Massachusetts (the first such high court state ruling in the USA). During her time on the high court, Marshall also was known for implementing innovative procedures for people who represent themselves. Marshall stepped down from the state’s highest court in 2010.
She was appointed in 1996 and named Chief Justice three years later. She was the first woman in the state’s history to hold that top position. Marshall will receive the award at the foundation’s annual John and Abigail Adams Benefit in January. Proceeds from the event are used to support local organizations that provide civil legal services to those in need. http://www.lgbtqnation.com/2016/10/judge-wrote-ma…
17.
JayJonson | October 2, 2016 at 5:56 pm
My husband and I used an excerpt from Goodridge at our wedding. Chief Justice Marshall is a worthy recipient of this honor.
18.
scream4ever | October 2, 2016 at 6:13 pm
My boss from the campaign for marriage equality in Minnesota used it as well. A heterosexual couple I know used the final paragraphs from Obergefell in theirs.
19.
VIRick | October 2, 2016 at 7:23 pm
In looking over this thread, I just realized the sublime irony of having a post regarding the Boston Bar Foundation's honoring of former Massachusetts Supreme Judicial Court Chief Justice Margaret Marshall for her forward-thinking marriage decision in 2003 at precisely the same moment in time, here in late 2016, when Alabama Supreme Court Chief Justice Roy Moore is rather unceremoniously booted from his position for taking the exact opposite tack, of continuing to obfuscate and impede the marriage decision in his state, even after the Supreme Court's ruling in "Obergefell."
Of course, we could proceed to discuss the difference between states, like Massachusetts, having appointed judges, versus those, like Alabama, having elected ones, and then decide which is truly more "democratic," given the vast gap in resulting competency levels, as exhibited by this comparison.
20.
davepCA | October 3, 2016 at 10:50 am
Just wanted to mention – if anybody has not read the ruling linked in the article above, which finds "judge" Roy Moore guilty on all six charges and kicks him to the curb, I highly recommend reading it. It's a breath of fresh air.
21.
VIRick | October 3, 2016 at 1:41 pm
Wisconsin: Anti-Trans Defendants Are Trying Federal Judge's Patience
Per Equality Case Files:
Today, 3 October 2016, Judge Pepper, the presiding federal judge in Milwaukee, issued a blistering put-down of the defendants (and indirectly, of their legal counsel). In "Whitaker v. Kenosha Unified School District," the case in which the transgender boy is suing a Wisconsin school district over discriminatory treatment, including the proposal that transgender students wear identifying wristbands, the defendants' Motion to Stay Preliminary Injunction is DENIED:
"Every argument which the defendants raise in their motion for stay pending appeal was raised in their objection to the motion for preliminary injunction, and the parties argued every one of those issues at the 20 September 2016 hearing. The court found in favor of the plaintiff, and against the defendants, on each factor. The defendants give no explanation for why the court should find in their favor now, when eight days prior to their filing this motion to stay, the court found against them on exactly the same issues they raise here."
The defendants can now ask the 7th Circuit Court of Appeals for a stay.
http://files.eqcf.org/cases/216-cv-00943-46/
– Also ordered: Judge Pepper will not certify for immediate appeal the order denying the Defendants' Motion to Dismiss: http://bit.ly/2dngu3H
Judge Pepper, living up to her name, is even hotter than one of my all-time favorite federal judges from Wisconsin, Judge Crabbe, the judge who handled Wisconsin's marriage case, "Wolf v. Walker," with an equally blistering and marvelously clever decision.
Now, let's hope Judge Posner gets the appeal.
22.
VIRick | October 3, 2016 at 2:06 pm
California: Ban on "Conversion Therapy" Upheld by 9th Circuit Court of Appeals
Per Equality Case Files:
Today, 3 October 2016, in "Welch v. Brown," the appeal of the final order upholding California's ban on "conversion therapy" for minors, in one of two cases challenging the law, the petition for rehearing en banc has been denied.
Order and Amended Opinion, are linked here: http://files.eqcf.org/cases/15-16598-33/
"The opinion filed August 23, 2016 … is amended by the opinion filed concurrently with this order. With this amendment, the panel has voted to deny Appellants’ petition for panel rehearing and petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.
Appellants’ petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for panel rehearing or petitions for rehearing en banc may be filed."
This is another case where endless appeals of anything and everything have truly tried the judges' patience, but in this instance, they've tried the patience of the entire 9th Circuit Court of Appeals.
23.
Zack12 | October 3, 2016 at 8:22 pm
Great news!
24.
VIRick | October 3, 2016 at 2:17 pm
North Carolina: HB2 and Due Process
Per Equality Case Files:
Today, 3 October 2016, in "Carcaño v. McCrory," the ACLU/Lambda Legal challenge of North Carolina's HB2, the plaintiffs have filed a Supplemental Brief on their Due Process Claim:
"HB2 violates Plaintiffs’ Due Process rights in two ways:
(1) by requiring Plaintiffs to use single-sex facilities inconsistent with their gender identity, HB2 unconstitutionally forces Plaintiffs to disclose their transgender status and genital characteristics in contexts where this information would have been kept private;
(2) by requiring Plaintiffs to undergo invasive surgery in order to use single-sex facilities consistent with their gender identity, HB2 imposes unconstitutional conditions on Plaintiffs’ right to control their bodies and make their own medical decisions free from government coercion.
Because HB2 infringes upon Plaintiffs’ Due Process rights, it must meet strict scrutiny—which it fails."
http://files.eqcf.org/cases/116-cv-00236-156/
25.
VIRick | October 3, 2016 at 7:17 pm
Oooh, And Speaking of Posner, on a Matter only Slightly Off-Topic:
Here we have Posner's latest ruling, with all the usual Posner flair and panache, deftly reaming Governor Pence of Indiana yet another fresh a–hole, which should now match with the one Pence already received from Posner, following Posner's ruling on the multiple Indiana marriage appeals, "Baskin v. Bogan," "Love v. Pence," "Fujii v. Pence," "Lee v. Pence," and "Bowling v. Pence," and which ultimately cost the state of Indiana $1.4 million dollars (combined) to vainly defend:
Posner Rules for the 7th Circuit Court of Appeals
A federal appeals court on Monday, 3 October 2016, harshly criticized Indiana Gov. Mike Pence’s attempt to stop payments to a non-profit organization that assists with resettlement of Syrian refugees. A unanimous — and conservative — three-judge panel of the 7th Circuit Court of Appeals affirmed a preliminary injunction entered against the Indiana governor forbidding him from banning payments to the non-profit.
“Fearing that Syrian immigrants may be potential terrorists, the governor wants to minimize their number in Indiana,” 7th Circuit Judge Richard Posner wrote for the court about Pence. Because Pence lacks the power to “close Indiana’s borders to them,” Posner continued, the governor “has shifted his focus” to Exodus Refugee Immigration, Inc., a non-profit organization that contracts with the state to provide social services to resettled refugees.
Despite Pence’s fear, however, “the brief provides no evidence that Syrian terrorists are posing as refugees or that Syrian refugees have ever committed acts of terrorism in the United States. Indeed, as far as can be determined from public sources, no Syrian refugees have been arrested or prosecuted for terrorist acts or attempts in the United States.”
The policy “is discrimination on the basis of nationality,” Posner concluded in a section that compared Pence’s argument to the argument of a person claiming that it would not be racial discrimination to say that one “wants to forbid black people to settle in Indiana not because they’re black but because [the person]’s afraid of them.”
The ruling comes a day before Pence, the Republican vice presidential nominee, is scheduled to debate Sen. Tim Kaine, the Democratic vice presidential nominee.
Posner was joined in his opinion by Judges Frank Easterbrook and Diane Sykes. All three judges were named to the appeals court by Republican presidents. Sykes is one of the judges who Pence’s running mate, Donald Trump, has named as a possible Supreme Court nominee in a Trump administration.
https://www.buzzfeed.com/chrisgeidner/federal-app…
The ruling in its entirety can be found at the bottom of the BuzzFeed article, and is worth a read as "Pure Posner," just for the language alone.