Frank Bruni On Faux “Religious Freedom vs Marriage Equality” Argument

“I’ve been called many unpleasant things in my life, and I’ve deserved no small number of them. But I chafe at this latest label: A threat to your religious liberty.

“I don’t mean me alone. I mean me and my evidently menacing kind: men who have romantic relationships with other men and maybe want to marry them, and women in analogous situations. According to many of the Americans who still cast judgment on us, our ‘I do’ somehow tramples you, not merely running counter to your creed but running roughshod over it.

“That’s absurd. And the deference that many politicians show to such thinking is an example not of religion getting the protection it must but of religious people getting a pass that isn’t warranted.

“As these lamentations about religious liberty get tossed around, it’s worth remembering that racists have used the same argument to try to perpetuate segregation. Esseks noted that even after the Civil Rights Act, the owner of the Piggie Park restaurant chain in South Carolina maintained that he could refuse to serve black people because his religion forbade the mixing of races. The courts were unimpressed.

“I respect people of faith. I salute the extraordinary works of compassion and social justice that many of them and many of their churches do… And I support the right of people to believe what they do and say what they wish — in their pews, homes and hearts. But outside of those places? You must put up with me, just as I put up with you.”

— New York Times op-ed columnist Frank Bruni, writing on the false conservative argument of “marriage equality vs. religious freedom.”

Ninth Circuit Denies Idaho Governor’s Request For En Banc Review Of Marriage Equality Ruling

As Idina Menzel might say to Idaho Gov. Butch Otter: “Let it go.”

In the wake of same-sex marriage coming to Idaho due to a ruling by the 9th Circuit Court of Appeals, Gov. Otter asked the 9th to take another look at the case, this time by a larger panel of judges.

They said “no.”

Via press release from the National Center For Lesbian Rights:

On October 7, 2014, a panel of Ninth Circuit judges ruled 3-0 that Idaho’s and Nevada’s bans on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection.

On October 9, 2014, the Supreme Court rejected a request by Idaho officials to stay the Ninth Circuit’s judgment, clearing the way for marriages to begin.

Same-sex couples began marrying in Idaho on Wednesday, October 15, 2014.

The Governor of Idaho asked for review of the panel decision by a larger panel of Ninth Circuit judges.

Today’s order denied that request.

The text of the ruling is as follows:

“The panel has voted to deny the petitions for rehearing en banc. The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R. App. P. 35. The petitions for rehearing en banc are denied.”

No Word From SCOTUS On Same-Sex Marriage Cases

No word from the US Supreme Court today on whether or not the high court will take up one of five same-sex marriage cases submitted for review.

In October, the justices turned down similar petitions in a series of other same-sex marriage cases, but many observers expected the court to announce action on the new set of petitions Friday because of a split that developed among federal appeals courts late last year

That divergence occurred in November when the Cincinnati-based 6th Circuit Court of Appeals found no federal constitutional right to same-sex marriage. That decision parted company with the 4th, 7th, 9th and 10th Circuits, all of which held there is such a right.

In October, SCOTUS chose not to review any cases because at that time all appellate courts were in agreement. Now, with the 6th Circuit, that’s not the situation.

The justices could decide to pick any or all of the cases, or none. OR – could choose to wait a while before making the decision.

The justices are looking at cases from Michigan, Ohio, Indiana, Tennessee and Louisiana.

Currently 36 states plus the District of Columbia allow same-sex marriage. Approximately 70% of Americans live in states with the freedom to marry.

Reporters At The 5th Circuit: Same-Sex Marriage Bans Likely To Be Struck Down

Judge Higginbotham is considered the “swing” vote on the three judge panel hearing oral arguments today on same-sex marriage.

UPDATE – After Mississippi oral arguments:

UPDATE – After Texas oral arguments:

It should be noted there’s no telling when a ruling could be forthcoming – the 7th Circuit took one week, the 6th Circuit took three months.

Texas, Louisiana & Mississippi Marriage Equality Cases At The 5th Circuit Court Today

In New Orleans, the 5th Circuit federal appellate court will hear oral arguments in the marriage equality cases from Louisiana, Texas and Mississippi today.

Oral arguments in each of those hearings will last for 30 minutes, and the Court will hear from DOMA lawyer Robbie Kaplan in the Mississippi case.

The three judge panel consists of James E. Graves Jr., Patrick E. Higginbotham (pictured) and Jerry E. Smith – who will be hearing the cases today.

Additionally, the US Supreme Court will be considering, in private chambers, whether to take up one, all or none of the same-sex marriage cases that we lost in the 6th Circuit Court.

Big day today, so stay tuned for updates.

Texas Police Officers Support The Freedom To Marry

New PSA from Fort Worth, Texas police officers (my hometown!) in support of marriage equality.

From the clip description: Three police officers from Fort Worth, Texas talk about why they support the freedom to marry in Texas – and speak out on their support for their colleague Chris Gorrie, a detective who wants to someday marry his partner Justin.

“Texans believe in freedom and liberty, and part of that is being able to marry who you love. Chris should be able to marry whoever person he loves.”

The ad is airing across Texas this week in advance of a key federal appeals court hearing Friday.

From The Houston Chronicle:

The $100,000 TV buy will air Sunday and Monday, just days before the 5th Circuit Court of Appeals in New Orleans is slated to hear arguments in a case challenging Texas’ constitutional ban on gay marriage.

“The aim is to show gay Americans are really completely integrated into the fabric of our society,” said Mark McKinnon, a former advisor to President George W. Bush and Texas chair of Southerners for the Freedom to Marry. He called the ads an “electronic blanket” to reinforce a recent wave court cases validating LGBT Americans right to marry in other states.

Learn more at www.texasformarriage.org and www.freedomtomarry.org.

Marriage News Watch – January 5, 2015

From the American Foundation for Equal Rights:

Marriage is starting this week in Florida. So why are our opponents saying it’s not? We’ll take a look at what’s really going on, and how they’re still trying to stop the weddings.

Also this week: oral argument in Louisiana could get pretty heated. Another Supreme Court conference. And some surprising polling.

Florida: Key West Marriage Equality Plaintiffs File For Marriage License

Court clerks around Florida began Friday to announce plans to issue marriage licenses to same-sex couples next week following a federal judge’s New Year’s Day ruling that they have a legal obligation to do so.

Aaron and Lee, plaintiffs in the Key West/Monroe County case, began the landslide of five consecutive wins for marriage equality in Florida.

Same-sex marriage will be legal at the stroke of midnight this coming Tuesday.

Salt Lake Tribune Names Six Marriage Equality Plaintiffs “Utahns Of The Year”

Moudi Sbeity, Derek Kitchen, Kate Call, Laurie Wood and Kody Partridge (Karen Archer not pictured)

The Salt Lake Tribune names the six same-sex marriage plaintiffs “Utahns of the Year.”

This is really quite beautiful.

These six people put their names to the lawsuit challenging Amendment 3. They stood up, stood together and helped history along.

Through 2014, they rode the legal roller coaster — to the 10th U.S. Circuit Court of Appeals, which upheld Shelby’s ruling, and onto the U.S. Supreme Court, which issued a stay on the ruling.

In October, the high court declined to hear appeals from Utah and four other states. In essence, the denial made same-sex marriage legal in those states.

Because of these Utah plaintiffs — who bravely made public their most private lives — the state took an unlikely position among the vanguard in the biggest civil-rights movement of the day. Forever, their names will be associated with a tidal wave of change that swept the country.

For that, Derek Kitchen and Moudi Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge are The Salt Lake Tribune Utahns of the Year.

Unlike the cowards who sent funds to support Prop 8 anonymously, these six people proudly stood up in the public square and asked for equality.

Props to the Salt Lake Tribune for understanding the contribution these couples made to society.

(h/t JMG)