(image via iStock Photo) Indiana Attorney General Curtis Hill (R) has filed a brief to the U.S. Supreme Court asking that a federal appeals court ruling which held both members of a same-sex couple can be listed as parents on their children’s birth certificates be overturned. The case was brought by parents Ruby and Ashlee Henderson in 2015 as a challenge to Indiana’s birth records law. The couple sued when county officials refused to list both on the birth certificate of their son, who was conceived via artificial insemination. A federal judge found in favor of the Hendersons in 2016, but Indiana appealed to the 7th Circuit Court of Appeals which upheld the lower court’s ruling. By that point, seven couples had joined the Hendersons in the lawsuit.
Indiana’s attorney general sent a brief to the Supreme Court arguing that it should reverse a lower court’s ruling that allowed both members of same-sex couples in Indiana to be listed as parents on their children's birth certificates.https://t.co/DpcpQiU8eF
NBC News reports that in its January 2020 decision, the appellate court noted, under Indiana law, “a husband is presumed to be a child’s biological father, so that both spouses are listed as parents on the birth certificate and the child is deemed to be born in wedlock.” “There’s no similar presumption with respect to an all-female married couple — or for that matter an all-male married couple,” the judges wrote, adding that requiring both women in a same-sex marriage to be listed as parents would prevent any discrimination. Karen Celestino-Horseman, the attorney representing the Hendersons, told NBC News the Supreme Court should follow the legal precedent set in its own 2017 ruling for Pavan v. Smith. That case involved married couples in Arkansas who conceive via artificial insemination. The high court’s decision held that the “constellation of benefits that the states have linked to marriage” included having the names of same-sex parents on a birth certificate. (stock photo via Depositphotos) The Hendersons argued in their original suit that a number of legal issues could arise regarding who could enroll their son in school, ensure he was covered by health insurance, or even speak on the child’s behalf during a medical appointment. Without the legal status conferred by a birth certificate, one of the women would need to formally adopt their son which could cost up to $5,000 in legal fees. But Indiana Attorney General Curtis Hill argued in his SCOTUS brief that upholding the ruling in the Hendersons’ case would “violate common sense.” Hill also maintained that allowing both parents in a same-sex couple to be on a child’s birth certificate could jeopardize parental rights based on biology.
“A birth mother’s wife will never be the biological father of the child, meaning that, whenever a birth-mother’s wife gains presumptive ‘parentage’ status, a biological father’s rights and obligations to the child have necessarily been undermined without proper adjudication,” Hill wrote in his brief.
The Supreme Court is scheduled to hold a conference regarding the case on December 11. It will be the first dealing with same-sex marriage rights since Justice Amy Coney Barrett was confirmed to the high court. Hill last made national headlines in May when he had his law license suspended for a month after being accused of groping a state lawmaker and three other women in a bar in 2018. Gov. Eric Holcomb (R) and other state GOP leaders called for Hill’s resignation at the time.
(stock image of a nurse working in a hospital) An oncology nurse who works at a hospital in Salem, Oregon, took to TikTok recently to brag about how she doesn’t follow coronavirus guidelines outside of work. The clip used audio of screaming in a scene from ‘How the Grinch Stole Christmas.’ “When my co-workers find out I still travel, don’t wear a mask when I’m out and let my kids have play dates,” the nurse wrote in the video’s caption. The clip has since been deleted, but others have shared a ‘duet’ version of the video posted by a TikTok user who captioned their own video, “To each their own, but why would you brag about it to others?” That post has garnered over 287K responses as of this writing. The Washington Post reports the oncology nurse has been placed on administrative leave in light of her video.
In a statement, the hospital said the nurse, who has not been publicly identified by her employer, “displayed cavalier disregard for the seriousness of this pandemic and her indifference towards physical distancing and masking out of work.”
“We also want to assure you that this one careless statement does not reflect the position of Salem Health or the hardworking and dedicated caregivers who work here,” said the hospital, adding that an investigation is underway.
In this week’s podcast: • The Biden/Harris transition team has named LGBTQ White House veterans to prominent roles in the incoming administration • The murderer of a transgender teen has been sentenced to life in prison • Homophobic high school teachers in New Jersey were caught dissing a queer colleague during a Zoom class • Award-winning singer/songwriter Justin Utley released his first holiday single, “All is Bright” • First Lady Melania Trump planned to light the White House in rainbow colors during Pride Month but the idea was shut down • A new poll shows LGBTQ voters did NOT turn out in record numbers for Donald Trump after all All that and more in this episode of The Randy Report podcast
Fox News Channel host Maria Bartiromo began trending on Twitter this morning after allowing Donald Trump to call into her ‘Sunday Morning Futures’ program where he ranted on several baseless claims about the results of the 2020 presidential election without one fact check in sight. As Trump threw blame left and right — at one point suggesting the FBI and Justice Department might be involved in a conspiracy to stop his reelection — Bartiromo sat silently with only an occasional tilt of her head to indicate any sense of journalistic curiosity. The Donald complained about ‘massive dumps’ (poor choice of words considering #DiaperDon recently trended on Twitter) which we can only guess referred to the adding of mail-in ballots in some states that weren’t allowed (by law) to be counted until after the polls closed on Election Day. #MassiveDumps soon began to trend on social media as well. Trump also attacked Dominion Voting Systems saying the machines and software were defective. What he didn’t address, however, is that Dominion systems were used in 24 states during the 2020 election, including states Trump won like Louisiana, Iowa, Missouri, and Ohio. And yet, Trump hasn’t challenged the veracity of the voting there… During one exchange, Bartiromo posited, “If you take out the swing states…” which makes no sense, obviously. We can’t just pretend Nevada, Georgia, Arizona, Pennsylvania, Wisconsin, and Michigan don’t exist. “So this is no longer about you, President Trump. This is about America and many people agree with you,” Bartiromo actually said out loud.
Maria Bartiromo’s facial expressions as Trump pushes obscene lies about election fraud are priceless pic.twitter.com/xdt5aflm2W
“Look at the election you have coming up [in Georgia] right now. You’re using the same garbage machinery, Dominion” — Trump demoralizes Republicans by suggesting their votes don’t matter because the upcoming Senate runoffs in Georgia are rigged pic.twitter.com/aYM6KcGaos
“If you take out the oxygen atom, is it still water? If you take all the vodka out, is tomato juice still a bloody mary? If I take out 40 years, am I now a teenager? ”
(image via Instagram/MrOliverDoxie) Some news items you might have missed: • Instagram: Today’s lead image comes from the adorable Mr. Oliver Doxie account – if you love dachshunds (and who doesn’t?) – you should follow here. The caption for the pic: “When you eat too much and wear a blanket around the house like…” #WhoHasntBeenThere? • The Hill: Vice President-elect Kamala Harris and voting rights advocate Stacey Abrams are among the list of nominees for TIME Magazine’s Person of the Year distinction for 2020. • Kenneth-in-the-212: Check out Kenneth’s weekly collection of the what’s what in LGBTQ publications like entertainment journalist Karl Schmid on the cover of A&U Magazine(below). (image via A&U Magazine) • New York Daily News: Brazilian President Jair Bolsonaro doesn’t intend to get vaccinated for coronavirus, despite having suffered from the virus himself earlier this year. A study published in the American Journal of Preventive Medicine said populations can safely stop social distancing if at least 75% of people are vaccinated with a shot that’s over 70% effective. • CBC News: A disabled young man who works as a greeter at a Walmart in British Columbia, Canada, was assaulted – pushed to the ground and punched repeatedly – after asking a customer to wear a mask in the store.
• Wall Street Journal: The number of people hospitalized in the U.S. due to Covid-19 surpassed 90,000 for the first time, as the pandemic loomed over Thanksgiving Day celebrations. • The Street: Walt Disney plans to lay off a total of 32,000 employees in the first half of 2021, a further reduction in its workforce as the Covid-19 pandemic and severe drop-off in visitors to its theme parks continues to slam its business. Still, the company will be issuing $1.5 billion to its shareholders.
Disney is laying off 32,000 workers after: *Issuing $1.5B dividend *CEO temporarily cut compensation 5% & makes 1,242x the median worker *Execs kept bonuses & returned to regular pay in August *Workers started food pantry & GoFundMe for laid off coworkershttps://t.co/EUVAJmc474
Michael Flynn (photo: Gage Skidmore/Flickr) As I’ve predicted practically since time began, Donald Trump has pardoned former national security adviser Michael T. Flynn. Flynn pleaded guilty (twice!) to charges of lying to the FBI about his conversations with a Russian diplomat. From the New York Times:
It came to light that Mr. Flynn was lying to his colleagues about conversations he had in December 2016 with the Russian ambassador, Sergey I. Kislyak.
In the calls, Mr. Flynn urged Moscow not to escalate in response to sanctions imposed by the departing Obama administration over Russia’s covert election interference to help Mr. Trump, and raised the possibility that the incoming Trump administration would work more closely with Russia.
The pattern of lying raised new suspicions about Mr. Flynn. The F.B.I. sent agents to interview him at the White House even though deliberations with the Justice Department about whether to first tell Mr. Trump’s new White House counsel were not yet resolved.
Notes from a meeting related to that interview suggest a purpose of the interview may have been to see whether Mr. Flynn would lie again to the F.B.I. agents — as he did.
Despite Flynn pleading guilty to the eventual charges, Trump – who fired Flynn in 2017 for lying to Vice President Mike Pence and the FBI about his conversation with Russia’s ambassador – continually said Flynn was “treated terribly” by the Intelligence community. As many have noted, a presidential pardon requires admitting guilt. In doing so, Flynn would lose any 5th Amendment protections regarding being called to testify on the issues. In related news, NBC News reports that prosecutors in New York City are seeking to have the state’s highest court revive mortgage fraud charges against Trump’s former campaign chairman Paul Manafort. “A four-judge panel in the intermediate court ruled Oct. 22 that the DA’s office failed to demonstrate that the state charges warranted an exception to state double jeopardy protections. That echoed trial court judge Maxwell Wiley’s finding last December that the state charges against Manafort mirrored the federal case that landed him behind bars.” Expect Manafort to receive a pardon in regard to his federal case as well. A new case brought by the Manhattan DA would be exempt from Trump’s pardon powers as state charges can’t be resolved by a presidential pardon.
It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!
The chief of staff & press secretary have both congratulated Mike Flynn on his pardon tonight without mentioning how lied to those who preceded them. Trump said he fired Flynn for lying to Pence, but Flynn had also lied to multiple others, including Reince Priebus & Sean Spicer.
Donald Trump has repeatedly abused the pardon power to reward friends and protect those who covered up for him. This time he pardons Michael Flynn, who lied to hide his dealings with the Russians. It’s no surprise that Trump would go out as he came in — Crooked to the end.
Michael Flynn pleaded guilty for lying to the FBI twice—and should be held accountable for it. The President’s decision to pardon him today is corrupt. No one should be above the law—regardless of their connections.
Two American women who were detained by a U.S. Customs and Border Protection agent for speaking Spanish in a convenience store in Montana have reportedly agreed to a settlement after suing the agency. Martha “Mimi” Hernandez and Ana Suda and were buying groceries in a store in the town of Havre on May 16, 2018, when CBP Agent Paul O’Neal stopped them and asked for their IDs. He told the pair (on video) that he was stopping them because he overheard them “speaking Spanish which is very unheard of ‘up here.'” Note – Hernandez was born in El Centro, California, and moved to Montana in 2010. Suda was born in El Paso, Texas, and moved to Montana in 2014. USA Todayreports that during the lawsuit, text messages were found on O’Neill’s phone that contained derogatory and racist language. According to the ACLU, the lawsuit also found O’Neill belonged to a secret Facebook group called the “I’m 10-15,” where CBP agents and former agents shared ugly comments and joked about the deaths of migrants. The group has since been disbanded. A video statement obtained by the ACLU showed a CBP supervisor admitting that his agents routinely viewed people speaking Spanish with suspicion in Havre, which is majority white but has a growing Latino population. “[Havre] is a small place,” the CBP supervisor said on the video. “And we have a lot of agents here, and nobody really has much to do… I was sitting at the mall off duty with my family. I’m sitting there at the restaurant, I look up it’s — there’s two Mexicans. Maybe I should call about this.” The amount of the settlement has not been disclosed. Hernandez and Suda eventually moved away from Havre after facing backlash for speaking out.
Darnell Fisher goes for the grab (twice!) What up with athletes grabbing an opponent’s junk during a match? Pro soccer player Darnell Fisher of Preston North End was captured twice grabbing Callum Paterson’s crotch during their 1-0 win over Sheffield on Saturday. Paterson was clearly annoyed by Fisher’s first snatch and grab as you can see him turn to see if a referee saw what happened. Then Fisher continued to be handsy.
This is Darnell Fisher of Preston North End. On Saturday, he was captured twice grabbing Callum Paterson’s genitals in their 1-0 win over Sheffield Wednesday. The English FA is currently investigating the incident for a possible sanction #Ysportspic.twitter.com/H4EyVxwPVz
Sky Sports reports the English FA is investigating the incident for possible penalties on Fisher. You may recall England rugby union international Joe Marler was banned for 10 weeks earlier this year for similar hand action on Wales captain Alun Wyn Jones in a Six Nations match.
England prop Joe Marler caught on camera grabbing Wales captain Alun Wyn Jones' GENITALS during on-field melee in Six Nations clash at Twickenham..
Former Vice President Joe Biden (via campaign) President-elect Joe Biden told voters during the 2020 campaign that his cabinet and staff would reflect the diversity of the American people. And early in the transition, he appears to be keeping those promises. So far, he’s announced the following picks for high profile positions in his administration: • Janet Yellen, expected to be nominated as Treasury Secretary, would be the first woman to ever hold the position. • Linda Thomas-Greenfield, to be nominated as ambassador to the United Nations, would be the first Black woman to serve in that capacity. • Cuban American Alejandro Mayorkas, nominated for homeland security secretary, would be the first Latino to hold the cabinet position. • Avril Haines, a former CIA deputy director, could be the first woman to be the director of national intelligence if confirmed • Carlos Elizondo, an openly gay event planner who lives in Washington with his partner, has been tapped to be the social secretary in the Biden White House. Elizondo is the first LGBTQ person to be named to a prominent position in the incoming administration. Karine Jean-Pierre, a Black lesbian, is reported to be a top contender for White House press secretary. Other experienced names previewed include former Senator/Secretary of State/Democratic presidential candidate John Kerry as Biden’s ‘Climate Czar,’ and former Deputy Secretary of State Antony Blinken as Secretary of State. As many in the media have noted, many of those we’re hearing about hold deep experience in their respective niches. While Donald Trump liked to surprise and entertain with unexpected and disjointed choices in key roles, you can almost hear a sigh of relief in the ‘mundane-ness’ of Biden’s picks. Brendan Buck, ex-counselor to former Republican House Speaker Paul Ryan, wrote on Twitter, “These Biden nominations and appointments are so delightfully boring.”
These Biden nominations and appointments are so delightfully boring
