5th Circuit Fast-Tracks Texas, Louisiana Marriage Cases http://www.bilerico.com/2014/10/5th_circuit_fast-tracks_texas_louisiana_marriage_c.php ------------------------------------------------------- The Fifth Circuit Court of Appeals in New Orleans is expected to hear arguments on both the Texas and Louisiana equality cases at the same time very soon. The 5th Circuit is also known to be one of the most conservative courts in the country so we hope that they will not use prejudice in order to arrive at a decision in these important cases that are vital to so many people in those two states. In Texas, there is also the issue of the pregnancy of one of the plaintiffs who already has another child and the issue of parental rights is also at stake. Louisiana has already had one court rule in favor of the ban on same-sex marriage while another court stepped in and declared by their ruling that the Gay marriage ban was unconstitutional. So, it remains to be seen what the Appellate Court will say in this matter but again with all other Federal and Appellate Courts in the country ruling against Gay marriage bans and the U.S. Supreme Court refusing to hear appeals in some states therefore declaring Same-Sex Marriage, in effect, constitutional in those states by de facto, it would be hard for the 5th Circuit to try to justify a ruling sustaining the Gay marriage bans in both states. But if they were to do so that would automatically trigger SCOTUS to hear the cases which could very well result in a wide-reaching ruling on same-sex marriage.
Maybe, but it seems that both sides fear such a decision today because they can't predict what Kennedy will do. Now, if a Republican President is elected in 2016, that president will be in office when Ginsberg dies or retires, to be replaced by a conservative. Which will render Kennedy's vote moot. You can bet your life savings that if that happens, the Supreme Court will grab the nearest same-sex marriage case and cheerfully ban the practice nationwide. It's not like the constitution has anything to do with such a decision - the Supreme Court is a purely political body, voting along party lines in every important case.
If that's how it is and they don't pay any attention to the Constitution and the law as it is written then that would surely merit serious review. And don't hold your breath for a Republican president in 2016, the handwriting is already on the wall on that one. And I'd just LOVE to see the negative repercussions that would resoundingly ensue all across America from citizens who would take good note of Republican attempts to undo what it has taken eons of time to finally accomplish for minority citizens. That would effectively end the Republican G.O.P. as we know it for good. And no doubt that would be a Great thing.
I'm not sure how unpredictable Kennedy is on gay rights: Justice Kennedy wrote the Court's decision on Romer v. Evans on May 20, 1996: An amendment to the Colorado state constitution that would prohibit the recognize gays as a protected class was passed by a referendum. The law was invalidated by the high court. Justice Kennedy also wrote the Court's decision on Lawrence v. Texas on Jun 26, 2003 The Court struck down a sodomy law in Texas and, by proxy, invalidated sodomy laws in the 13 other states Kennedy is far from hostile to gay rights. In the DOMA decision he wrote: “The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States. The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.” [ ] Yes, there is a strong emphasis on state’s rights, but there is also an unmistakable appreciation for the plight of gay people as well. http://en.wikipedia.org/wiki/United_States_v._Windsor Justice Kennedy has emerged as the most important judicial champion of gay rights in the nation’s history, having written three landmark opinions on the subject, including this summer’s Windsor decision, which overturned a ban on federal benefits for married same-sex couples. Those rulings collectively represent a new chapter in the nation’s civil rights law, and they have cemented his legacy as a hero to the gay rights movement. His Supreme Court jurisprudence is characterized by an expansive commitment to individual liberty. He believes that American courts should consider international norms, and foreign courts have expanded gay rights. His politics, reflecting his background as a Sacramento lawyer and lobbyist, tend toward fiscal conservatism and moderate social views. And he has long had gay friends. http://www.nytimes.com/2013/09/02/u...ghts-in-a-high-place.html?pagewanted=all&_r=0
Sure sure, so he wrote the three most influential opinions advancing rights for LGBT in the history of the courts, and in-so-doing is arguably one of the single most (if not THE most) important actors in the advancement of gay rights in American history... but lets not forget he also accidentally stopped same sex marriages with a typo in my home state of Nevada . I had to laugh when I saw that, especially at some of my gay friends who had no idea who he was, only that they despised him for the temporary stay he put on the 9th circuit's opinion accidentally. That little oopsie aside, I highly doubt he would back down now, especially after the wave of reasoning being presented by the lower courts, particularly the 7th circuits written by judge Posner. His Windsor opinion was just asking for this to happen. I'm sure Kennedy is on board, and arguably even Roberts should be carefully considering his opinion at this point.
Interestingly, this is the same bovine excrement that is advanced by some on this forum although they have been conspicuously absent this past week that saw the number of state with marriage equality go from 19 to about 35. Anyway, now all that Abbott, and the others who spew this inane clap trap have to do is explain just how gays getting married effects the reproductive behavior of heterosexuals. Even Scalia will have a hard time not laughing at that one.
Indeed, that's the question that can never be answered by Heterosexuals. They can only spew forth their hate and propose all kinds of crazy and unproven conjecture that this and that will happen if LGBT citizens are allowed to marry yet when their feet are held to the fire on how it will Directly affect them and their own reproduction, they suddenly go mute. Figures.
Here is another thread that has been dormant for a while. There is lots going on in the 5th Circuit that encompasses Louisiana where there have been conflicting rulings involving a sate judge and a federal judge that is certain to be appealed. Now, a federal judge has tossed out Mississippi's ban on same sex marriage:
Last night, in a 72-page ruling that legal scholars and humanists will no doubt one day point to as exquisite, U.S. District Court Judge Carlton Reeves struck down Mississippi's bans on same-sex marriage as unconstitutional. Barely 12 hours later, Governor Phil Bryant, a Republican, and Attorney General Jim Hood, a Democrat, notified the United States Court of Appeals for the 5th Circuit that they will appeal. http://www.thenewcivilrightsmovemen...orney_general_appeal_same_sex_marriage_ruling From the opinion
The 5th Circuit Court of Appeals on January 9 will hear arguments from both sides in three same-sex marriage cases. From Louisiana, Robicheaux v. Caldwell, from Mississippi, Campaign for Southern Equality v. Bryant, and from Texas, DeLeon v. Perry. In the Louisiana case, Judge Martin Feldman ruled against the plaintiffs, and in so doing became the first federal judge to rule against same-sex marriage since DOMA was struck down (in part) at the Supreme Court. Many have concluded his ruling was itself discriminatory and homophobia-based. (Fear Of Legalizing Incest Underlies Federal Judge's Ruling Against Same-Sex Marriage.) http://www.thenewcivilrightsmovemen..._5th_circuit_schedules_cases_for_three_states
Yeah, when I read that the first I thought was "And you're a judge?". His basis he used for his ruling was completely bat(*)(*)(*)(*) crazy IMO.
Friends and foe alike.......Mark you calendars. January 9th will be a big day! We already knew that....... If the fifth circuit rules in favor of marriage equality, and SCOTUS does not take the case, heads will be exploding in Louisiana , Texas, and Mississippi...the 5th circuit states
This is just as stupid as stupid gets. They think that they can nullify a federal court ruling. Good luck!
The Supreme Court refused early review of Robicheaux this morning - it will have to go through the normal appeals process.
