Tag: Missouri

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Missouri Democrats Filibuster All Night Against Anti-LGBT Legislation

Democratic state Senators in the Missouri legislature have been up all night in an effort to filibuster SJR39 – legislation that would possible legalize LGBT discrimination in the “Show Me State.”

Many have pointed out the legislation is unnecessary because LGBTs are not protected in the state’s human rights laws. So, it’s already perfectly legal to discriminate against LGBTs in terms of housing, employment, or even wedding cakes.

From the Human Rights Campaign:

Today, HRC praised Missouri Senate Democrats for leading a historic filibuster – now in its 17th hour – to stop Republicans from moving forward with Senate Joint Resolution (SJR) 39 – a measure that could enshrine discrimination against LGBT Missourians and their families into the state constitution.

Still going strong since 4:00 PM CT yesterday, these pro-equality state senators have been vigorously fighting an assault on equality that’s similar to so-called “First Amendment Defense Act” legislation introduced in other states. The extreme resolution would lead to a ballot measure that proposes to allow individuals, organizations, and businesses to use religion as a valid excuse to discriminate against LGBT people.

“These Missouri Senate Democrats working throughout the night to stop this outrageous assault on LGBT Missourians and their families are our heroes,” said JoDee Winterhof, HRC Senior Vice President for Policy and Political Affairs. “This resolution has nothing to do with religious liberty and everything to do with enshrining anti-LGBT discrimination into the Missouri Constitution. We are incredibly grateful for these state senators who are standing up against overwhelming odds to proclaim that hate and discrimination are not Missouri values.”

The filibuster against the anti-LGBT resolution is being led by Democratic Senators Jamilah Nasheed, Jill Schupp, Scott Sifton, Jason Holsman, Maria Chappelle-Nadal, Joseph Keaveny and Kiki Curls.

SJR 39 goes far beyond protecting the right of free exercise of one’s religion. While shrouded in language framed as prohibiting the state government from making funding or tax status decisions based on an organization’s views on marriage that are driven by religious belief, in reality it opens the door to discrimination against same-sex couples, their families, and those who love them.

If voted into law, LGBT people and their families could suddenly find themselves at risk of being denied many basic services. Taxpayer funded foster care providers and adoption agencies could refuse to place children in need of loving homes with same-sex couples. Taxpayer funded homeless shelters could turn away LGBT couples and their families. The legislation would have reckless intended and unintended consequences.

The resolution addresses no real problem in the state as no federal or state law requires religious organizations or clergy to sanction or perform same-sex marriages.

UPDATE: As the filibuster has now passed the 24 hour mark, the Washington Blade’s Chris Johnson follows up with a few more details on the bill.

The law has four parts aimed at allowing religious people and organization to deny wedding services to same-sex couples:

* It prohibits the state from imposing a penalty on a religious organization who acts in accordance with a sincere religious belief concerning same-sex marriage, which includes the refusal to perform a same-sex marriage ceremony or allowing a same sex wedding ceremony to be performed on the religious organization’s property. (A religious organization under the resolution is construed broadly to include religious societies, corporations, schools, social service providers and hospitals.)
* It bars the state from penalizing an individual who declines, due to sincere religious beliefs, to provide goods of expressional or artistic creation for a same-sex wedding ceremony.
* It explicitly doesn’t prevent the state from providing lawful marriage licenses or other marital benefits. Under the resolution, hospitals couldn’t refuse to treat a marriage as valid for the purposes of a spouse’s right to visitation or to make health care decisions.
* It allows individuals protected under this resolution to use the law as a claim or defense in a legal proceeding regardless of whether the state is a party in the dispute.

Governor Jay Nixon of Missouri has also weighed in on the issue:

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Missouri County Commissioners Approve (And Now Will Rescind) Proposal Lowering Flags Over Same-Sex Marriage

In response to the historic ruling by SCOTUS in favor of same-sex marriage, the three member panel of commissioners in Dent County, Missouri, voted to lower U.S. and state flags at the county court house on the 26th of every month for the next year as a sign of “mourning.”

Authored by Presiding Commissioner Darrell Skiles, the proposal was unanimously approved by the panel, all three Republicans.

From Buzzfeed:

“I just want anybody who sees that to be reminded we find it revolting that the Supreme Court has ruled in this manner,” Dent County Commissioner Darrell Skiles, who sponsored the proposal, told BuzzFeed News on Monday. “I had this feeling like when someone near and dear has passed away — not the same, but similar.”

Under the proposal, the flags are to be lowered on the 26th of each month through June 2016 — marking the date of the Supreme Court’s landmark ruling, which the bill describes as one of “the saddest days in our history.”

But by the next morning, several media outlets had reported on the commission’s order and an online petition asking officials to reverse the decision had gathered more than 1,000 signatures.

On Tuesday, Skiles told the Salem News that the commission would hold a special session this week to rescind the order “out of respect for veterans and those currently serving in the military.”

“This political showcase is hurtful personally to several residents of Dent County and the surrounding area, which seems counter-intuitive to Jesus Christ’s message of ‘love thy neighbor’ for those of the Christian faith, of which most, if not all, of the commissioners prescribe,” the petition said.

Asked if displaying such a symbol in the same place that same-sex couples must obtain their marriage licenses sent a message, Skiles told BuzzFeed News: “That’s for every couple to decide.”

Members of the military opposed the commission’s proposal because it violates flag protocol.

According to the U.S. Flag Code, American flags can only be lowered to half-staff to honor veterans or fallen soldiers, to memorialize government leaders, to observe designated holidays or when ordered by the governor or the president.

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Missouri: Speaker Of The House John Diehl Resigns Due To “Sexting” Scandal With College Freshman

Former Speaker of the Missouri state House – John Diehl

Yesterday I posted about anti-gay, conservative and MARRIED Missouri Speaker of the House, John Diehl, who had been caught in a sexting scandal with a college freshman who was serving an internship at the Missouri state legislature.

Today, Diehl has announced he is resigning as Speaker and from his legislative seat as well.

“For the good of my party, the caucus, and this state, I’m not going to further jeopardize what we have accomplished this year and what can be accomplished in the future,” the Republican from Town and Country said in a statement released Thursday afternoon. “Therefore, I will be resigning the position of Speaker of the House and the office of State Representative in a way that allows for an orderly transition.”

After spending eight hours in his office conferring with colleagues Wednesday, Diehl issued a statement apologizing saying he took “full responsibility” for the exchanges. He did not offer any detail. Diehl emerged from his office around 11 p.m. Wednesday but said little more to reporters.

In this statement Thursday, he still offered little detail, but again apologized and he acknowledged “making a serious error in judgment by sending the text messages.

“It was wrong and I am truly sorry,” Diehl said in the statement. “Too often we hear leaders say they’re sorry but are unwilling to accept the consequences. I understand that, as a leader, I am responsible for my actions and I am willing to face the consequences.”

Diehl was a vocal opponent to same-sex marriage in Missouri. So much so that he filed an amicus brief with the 8th Circuit Court of Appeals opposing marriage equality there.

Diehl also co-sponsored a 2012 bill to ban Gay-Straight Alliances in public schools, which read: “Notwithstanding any other law to the contrary, no instruction, material, or extracurricular activity sponsored by a public school that discusses sexual orientation other than in scientific instruction concerning human reproduction shall be provided in any public school.”

I’m sure the 49 year old, who is married with three children, bases his opposition to same-sex marriage on his “deeply held religious beliefs” that don’t seem to rule out sexting with a teen aged student who’s less than half his age.

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Missouri: Springfield Votes To Repeal LGBT Protections

It was very close, but last night voters of Springfield, Missouri, decided to repeal an anti-discrimination law passed last October by the Springfield City Council. The vote came down to 51.43% – 48.57%.

The measure was meant to protect LGBT folks from discrimination in the areas of housing, jobs and public accommodations. The same protections are afforded women and people of color, but for LGBT folks it seems these were considered “special rights.”

A petition drive called on the City Council to either repeal the ordinance immediately or take it to the polls. The City Council sent the issue to the voters. And they have spoken.

Sad to see these things happen as progress is made in so many areas.

 But Missouri is Missouri.

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Missouri: Dept Of Justice Finds Ferguson Police Engaged In “Racially Biased Enforcement”

Ferguson, Missouri

USA Today reports that the Department of Justice has found the Ferguson Police Department engaged in racially biased policing:

A Justice Department review has found that the troubled Ferguson Police Department engaged in a pattern of racially biased enforcement during suspect stops and used unreasonable force against a disproportionate number of African American suspects, according to a law enforcement official familiar with the findings

In 88% of cases in which Ferguson police documented the use of force, that force was used against African Americans, according to the official who is not authorized to comment publicly. In addition, in all 14 canine bite incidents for which information about the race of the suspect was available, the person bitten was African American.

The Justice findings, while not unexpected, comes six months after the fatal shooting of a black teenager by then-Ferguson police officer Darren Wilson.

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Things Could Get Ugly Down In Missouri Soon

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Federal Judge Strikes Down Missouri Same-Sex Marriage Ban

One day after the 6th Circuit Court of Appeals upheld anti-gay marriage laws in Ohio, Michigan, Kentucky and Tennessee, a federal judge in Missouri has ruled the same-sex marriage ban in that state is unconstitutional.

From Freedom To Marry:

Today, November 7, U.S. District Court Judge Ortrie D. Smith ruled in favor of the freedom to marry in a federal case from Missouri, striking down the state’s marriage ban and paving the way for the freedom to marry to begin in the Show Me State.

The state of Missouri could appeal the decision to the U.S. Court of Appeals for the 8th Circuit – but the Attorney General and Governor, who support the freedom to marry, could also allow the ruling to stand. Stay tuned.

You can read the full ruling here.

UPDATE: Missouri Attorney General issued a statement saying the ruling will be appealed to the 8th Circuit Court of Appeals.

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Missouri Judge Rules State Same-Sex Marriage Ban Unconstitutional

St. Louis Circuit Judge Rex Burlison has ruled today that Missouri’s ban on same-sex marriage is unconstitutional:

“The Court finds and declares that any same sex couple that satisfies all the requirements for marriage under Missouri law, other than being of different sexes, is legally entitled to a marriage license,” Burlison wrote.

He said that the Missouri Constitution violates the Equal Protection Clause and Due Process Clause of the 14th Amendment to the U.S. Constitution.

Burlison’s ruling comes more than four months after four couples were married at St. Louis City Hall, even though there is a 10-year-old constitutional amendment defining marriage as between one man and one woman.

There was no stay on the ruling, so marriages are taking place in St. Louis now.

A Kansas City judge ruled last month that same-sex marriages legally performed out-of-state must be recognized in Missouri.

According to Marc Solomon, national campaign director for Freedom to Marry, today’s ruling marks 49 successful challenges to same-sex marriage laws across the country, compared to three losses.

1422-CC09027 Order and Judgment

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Missouri AG Will Not Appeal Same-Sex Marriage Recognition Ruling

Attorney General for Missouri, Chris Koster, has issued a statement that the state will not appeal a recent ruling requiring the state to recognize out-of-state same-sex marriages.

The state of Missouri is part of the 8th Circuit Court of Appeals, which has not ruled as of yet on the issue of same-sex marriage.

“The circuit court’s judgment in Barrier v. Vasterling held that Missouri must recognize marriages lawfully entered into in other states. We will not appeal that judgment. Our national government is founded upon principles of federalism – a system that empowers Missouri to set policy for itself, but also obligates us to honor contracts entered into in other states. A consequence of this morning’s ruling by the United States Supreme Court is that gay marriage will soon be legal in as many as 30 states. At a time when Missouri is competing to attract the nation’s premier businesses and most talented employees, we should not demand that certain individuals surrender their marriage licenses in order to live and work among us. Missouri’s future will be one of inclusion, not exclusion.”

In the past, Koster, who is a Democrat, has indicated that he personally believes in marriage equality but would defend the laws on the books in his state.

Until today.