Sen. Ted Cruz dropped by The Late Show with Stephen Colbert to discuss the idea of compromise in politics (a la Reagan) and of course, same-sex marriage.
Cruz got a somewhat chilly response from the audience, which I’m sure Cruz expected to some degree given Colbert’s audience. But when it came to talking on marriage equality, he actually garnered some boos.
When a few audience members began to boo the White House hopeful, Colbert asked for their respect and gave Cruz the last word.
“The 10th Amendment states that if the Constitution doesn’t mention it, it’s a question for the states,” said Cruz, a Harvard law graduate who once clerked for Supreme Court Chief Justice William Rehnquist.
“I don’t think we should entrust governing our society to five unelected lawyers in Washington.”
On his last line, Cruz received some applause, which largely eluded him throughout the interview. “If you want to win an issue, go to the ballot box and win at the ballot box,” he said. “That’s the way the Constitution was designed.”
You’ll note that Cruz makes a point of lessening the level of respect that should be afforded the Supreme Court Justices by always referring to them as “unelected lawyers,” not “judges” or “justices.”
Kentucky County Clerk Kim Davis, who continues to refuse to issue marriage licenses to same-sex couples over “religious beliefs,” may have more legal troubles.
Davis, the County Clerk for Rowan County, was famously taken into custody when she refused to follow a federal court order (and the law) regarding issuance of marriage licenses. She was released from jail on the condition that she would not interfere in any way with her deputies issuing licenses.
It would appear that she may not have held to her end of that bargain.
The lawyer for Deputy Clerk Brian Mason brought that issue to U.S. District Court Judge David Bunning’s attention on Friday, noting that it “appears to this counsel those changes were made in some attempt to circumvent the court’s orders and may have raised to the level of interference against the court’s orders.”
When Bunning released Davis from jail on his contempt order, he released her on the condition that she not interfere with the issuance of licenses.
In Friday’s filing, Mason’s lawyer added that his client’s concern is that “he does not want to be the party that is issuing invalid marriage licenses.” He also noted that Mason “is trying to follow the court’s mandate, as well as his superior [Davis] ordering him to issue only these changed forms.”
One of many questions unanswered at this point is whether Davis has the authority to change a legal state form.
Matt Baume, who has a knack for breaking down why things work they way they do, drops this short video explaining why the Supreme Court became the final answer on marriage equality.
From Baume:
Where does the Supreme Court get off deciding the definition of marriage? Well, it is kind of their job.
Look at it this way: Remember a few years ago when Pluto stopped being a regular planet and became a trans-Neptunian dwarf? That happened because astronomy experts decided there should be a change in the definition of “planet.” In the same way, the Supreme Court decided what the Constitution requires from the definition of “marriage.”
Returning to work today, Rowan County Clerk Kim Davis made a statement that she will not issue or sign any marriage licenses, but will not interfere with her deputy clerks from doing so.
“I am here before you this morning as I return to work to say that I love my lord Jesus, I love all people, and I love my job,” declared Davis. “I want to continue to serve all three as I have tried to do until now….”
“Effective immediately, and until an access is provided by those with authority to provide it, any license issued by my office will not issued or authorized by my me,” she explained.
“I want the whole world to know, no mistake about it, that my deputy clerks do not have the authority to issue a license whatsoever. If any of them feels that they must issue an unauthorized license to avoid being thrown in jail, I understand their tough choice and I will take no action against them.”
“Any unauthorized license that they will issue will not have my name, my title, or my authority on it,” she added. “Instead, they will say that they are issued pursuant to a federal court order.”
Shannon and Carmine Wampler-Collins were issued a marriage license by Rowan County Deputy Clerk Brian Mason this morning as “Christian” objectors inside the office shouted taunts of eternal damnation and “homosexual sodomy.”
But remember kids, Davis doesn’t hate anyone. She just wants to observe her religion in peace. Right?
Buzzfeed’s Dominic Holden notes that cheers went up for Mason as he processed the license.
Crowd is cheering for Brian Mason, a Rowan County deputy clerk, for processing marriage license for same-sex couple. pic.twitter.com/5DeTBjMS6a
Another misguided appeal by beleaguered Kentucky County Clerk Kim Davis, another denial from federal court.
Kim Davis’ lawyers asked U.S. District Judge David Bunning to order the governor of Kentucky to force the state to accommodate her “deeply held religious beliefs” (that don’t include divorce).
Judge Bunning ruled against the request saying his court does not have the authority to order state officials to alter or amend state license forms.
In her Motion, Davis suggests that the Court could easily stem the tide of litigation by simply ordering Governor Beshear and Commissioner Onkst to remove her name and authorization from the marriage license form.
While this is a seemingly simple request, it is not consistent with principles of federalism.
Under the Eleventh Amendment, as interpreted by Pennhurst, the Court simply does not have the authority to order Governor Beshear or Commissioner Onkst to alter the marriage license form or amend KRS §402.100 based on alleged violations of Davis’ rights under the Kentucky Constitution and Ky. RFRA.
Davis’ claims brought under state law should therefore be brought in Kentucky state court. To the extent that she seeks relief in the form of such an accommodation for violations of Kentucky state law, only the state court can grant such relief.
What Ms. Davis’ only remedies are:
Allow her office to issue the marriage licenses OR,
Wait for the state legislature’s next session in January and hope for changes in the law that will remove her authority on the issue of marriage licenses.
It’s her choice. Until then she has to issue the licenses as part of her job.
Bill Maher and panelists Salman Rushdie, Linda Chavez and Michael Moynihan dicuss the controversy surrounding Kentucky clerk Kim Davis and her refusal to issue marriage certificates to same-sex couples.
At one point Chavez tries to explain some Christians are upset because until 10 years ago marriage was always between two people of the opposite sex in the Bible. Maher corrects her saying not so, that in the Bible marriage was polygamy for centuries. Chavez counters with “Ok, but always, always between people of the opposite sex.”
That fell flat.
Best line was by Rushdie (who was famously targeted by Muslims for his novel The Satanic Verses to the point of death threats):
“One of the things that is a classic trope of the religious bigot is that while they are denying people their rights, they claim that their rights are being denied. While they are persecuting people, they claim to be persecuted. While they are behaving colossally offensively, they claim to be the offended party. It’s an upside-down world. Everybody does this. Everybody does this. So, this is just a trope that they are stealing from other bigots.”
Planting Peace, the folks behind the Equality House, the rainbow-colored house which is located directly across the street from the Westboro Baptist Church from across the street in Topeka, Kansas, has erected a billboard to greet Ms. Kim Davis with some biblical truth.
The billboard reads, “Dear Kim Davis, The fact that you can’t sell your daughter for three goats and a cow means we’ve already redefined marriage.”
Following the June 26th Supreme Court ruling on marriage equality, Rowan County clerk Kim Davis refused to issue same-sex marriage licenses in her home state, citing that doing so compromised her religious beliefs. That day, she became the poster child for the anti-gay movement.
As has been painstakingly observed time and time again, the anti-LGBTQ movement is comprised of a substantial number of zealots who unfailingly refer to their rigid interpretation of religious text to narrowly define “traditional” institutions and values. They pick and choose what they wish to convey as immoral and unacceptable, while seemingly sweeping lines of scripture just a few letters away completely under the rug.
In response, Planting Peace has constructed a message for Kim Davis and the anti-LGBTQ movement. The intent of the billboard is to expose this narrow interpretation by Davis and others that they use to defend their discrimination against the LGBTQ community. It is important and relevant to call this out, because these messages and actions are not simply about a political or religious debate. There are LGBTQ youth across the world who are taking their lives at an alarming rate because of these messages from society that make them feel broken or less than. We have to meet hate with love…intolerance with compassion.
Our message to our LGBTQ youth is simple:
You are loved, valued, supported, and beautiful.
There is nothing wrong with you, and we will stand by you.
Oath Keepers stationing themselves as snipers near Bundy Ranch near Las Vegas last year
You’ll recall the Oath Keepers, a heavily armed, anti-government “Patriot” group, from their standoff last year at the Bundy Ranch near Las Vegas, Nevada, and also stationing themselves armed with heavy duty assault rifles outside military recruitment centers this year after the Chattanooga shooting.
In addition, they made an unsettling appearance in Ferguson, Missouri, with their assault rifles, walking among protesters in an act of intimidation.
Now, the group says they will offer to be Kentucky County Clerk Kim Davis’ “personal security detail” in order to stop federal marshals from arresting Ms. Davis should she renege on her agreement to not interfere with the issuance of marriage licenses to same-sex couples in Rowan County.
Oath Keepers founder Stewart Rhodes announced yesterday that he had reached out to Davis’ lawyers at Liberty Counsel to offer the protection of his group, which he says is already forming a presence in Rowan County, Kentucky, where Davis was recently released from jail after prohibiting her office from issuing marriage licenses.
Rhodes said in a statement that his position has nothing to do with gay marriage, but rather his conviction that Davis had been illegally detained by the federal judge who held her in contempt for violating multiple court orders.
Rhodes said that the Rowan County sheriff should have blocked U.S. Marshals from detaining Davis, but since neither the sheriff nor the state’s governor will do their “job” and “intercede” on behalf of Davis, the Oath Keepers will have to do it instead. “As far as we’re concerned, this is not over,” he said, “and this judge needs to be put on notice that his behavior is not going to be accepted and we’ll be there to stop it and intercede ourselves if we have to. If the sheriff, who should be interceding, is not going to do his job and the governor is not going to do the governor’s job of interceding, then we’ll do it.”
Rhodes says his guys are already in the area and more are on their way. He says his group plans to “lead by example” should law enforcement seek to arrest Ms. Davis again.
In my opinion, this is basically private citizens choosing to take the law in their own hands (or oppose it). Bad idea.
Let’s see: assault rifles in the hands of folks who aren’t trained to handle high pressure situations.
What could possibly go wrong?
Listen to Rhodes below discuss the issue with Jackson County, Kentucky, Sheriff Denny Peyman:
One of the first nations to embrace marriage equality back in 2005, Spain continues to do the LGBT community proud.
Madrid Pride is an enormously successful celebration, and the country is very accepting of same-sex marriage.
However, I still get a tingle seeing the wedding of two Catalan police officers, Chema and Jonathan, see such an embrace. And could they be any more handsome?
(Full dress uniform. Swoon….)
Speaking with Spanish radio station Canal Sur, Chema said they have many gay friends on the police force, adding:
“If it helps someone who is being bullied in school for their sexual orientation to see it as something normal, then that’s great.”
“It’s not something that should be hidden just because you belong to a particular institution.”
A new Rasmussen poll shows that a super-majority of 66% feel Kentucky County Clerk Kim Davis should do her job and issue marriage licenses to same-sex couples.
Only 26% of those polled felt Davis has a right to disregard her elected obligations due to religious beliefs.
