Two months after the U.S. Supreme Court ended the legal debate over gay marriage by declaring that the constitutionally protected civil right to marriage must be extended to same-sex couples nationwide, attorneys general and governors who fought it are receiving unpleasant souvenirs of failure: Invoices from the attorneys who beat them.
States that defended same-sex marriage bans — most did, to some extent — are now being asked to pay the legal fees for those litigants under a 40-year-old federal law that says the court “in its discretion, may allow the prevailing party … a reasonable attorney’s fee as part of the costs.”
Or as Michigan attorney Dana Nessel put it: “It’s the price governments pay for defending bigotry.”
Defeat won’t come cheap — or, in many cases, without further legal wrangling.
Michigan is weighing its response to a $1.9 million demand from attorneys for April DeBoer and Jayne Rowse, plaintiffs in one of the four cases that went to the Supreme Court and was decided in June. In Kentucky, another state involved in the Supreme Court showdown, the bill for services rendered is $2.1 million. South Carolina has been ordered to pay $130,000, and Florida’s attorney general is fighting a tab of about $700,000.
Several states have struck agreements already. Pennsylvania settled for $1.5 million, Wisconsin for $1.05 million, Virginia for $580,000, Oregon for $132,000, Colorado for $90,000, Utah for $95,000 and North Dakota for $58,000. The varying prices reflect the length of the battles or their intensity.
“This is exactly what Congress created this law for,” said Stephen Rosenthal, a Miami-based attorney who fought Florida’s ban. “It’s a recognition that people need lawyers to fight the government, which has lots of lawyers, when they feel their civil rights are being violated. To encourage lawyers to take these cases, you need to provide the potential to get paid in the end.”
The attorneys general of Michigan, Florida, South Carolina and South Dakota did not respond to requests for comment.
Sometimes the creeps who fight tooth-and-nail against progress get what they deserve. Taxpayers – who elected creeps to represent them – get to foot the bill.
April Miller and Karen Roberts
A county clerk in Kentucky who refuses to issue marriage licenses to same-sex couples on religious grounds was held in contempt of court by a U.S. federal judge on Thursday and sent to jail.
Rowan County Clerk Kim Davis was led away by U.S. marshals who confirmed she was under arrest.
“The court doesn’t do this lightly,” District Court Judge David Bunning said in ordering that she be taken into custody.
Bunning also said his earlier injunction ordering Davis to issue marriage licenses applied to everyone and not just the four couples whose suit in July had accused Davis of not doing her job.
Davis has refused to issue licenses to any couples, gay or straight, since the U.S. Supreme Court in June ruled that same-sex couples have the right to marry under the U.S. Constitution, citing her Christian beliefs.
Before and during the hearing, about 200 demonstrators on both sides of the issue gathered outside the courthouse, some chanting slogans and many holding signs. As word of the ruling emerged, supporters of same-sex marriage erupted in cheers.
Davis’ seven deputies still face their own reckoning as Bunning assigned each of them attorneys and said their fate would be determined at a 1:45 pm EDT hearing, warning them they could face fines or jail…
The hearing in Ashland, Kentucky, lasted just over two hours. Crying at times, Davis maintained that a marriage can only be between a man and a woman and she was unable to recognize same-sex marriages…
Also testifying was April Miller, who along with her partner Karen Jacobs had three times tried to get a marriage license from Davis’ office. They were one of four couples who sued Davis in July.
Throw away the key!
I have no sympathy for someone who runs for elective office and then refuses to obey the law of the land.
This is an individual who individually and as a member of her religion claims that violating the civil rights of other Americans is somehow godly. Just plain old-fashioned crap. The same lies used to hinder normal lives for people of color, of minority religions, of nationalities somehow unacceptable to this year’s favorite flavor of bigot.
She gets no sympathy from this jailbird who willingly entered cells in a half-dozen states because local law decided whether or not someone could go to school or sit down and have a crappy soft drink – based on the color of their skin.
I never expected to see anyone like Ms. Davis sitting-in alongside me. And never did. That’s not condemnation of all religious folk. You should know that, by now. Second-best time I ever had in a jail cell was discussing religious history with a Catholic priest busted in the same demonstration in Chicago.
She adds to the number of people who reject her kind of religious beliefs out-of-hand because of her denial of civil rights, civil liberties, for all Americans.
UPDATE: 5 of 6 deputy clerks say they will start issuing kicenses tomorrow. Davis wants to be released, then – but, the judge rightfully doesn’t trust her to keep from interfering. Not so incidentally, the one deputy who wouldn’t obey the law is her son. Not enough she’s paid $80K/year – she puts her kin on the payroll, too.
Same-sex marriage is now legal throughout the USA. This is a good thing, it’s always nice when people get equal treatment under the law. Sadly, not everyone agrees. Such is the speed of modern news and communication that announcement of the Supreme Court decision was essentially immediately followed by furious objections and doom-laden predictions of the collapse of society for various reasons.
It’s easy to dismiss these objections as angry incoherent bitterness from people who can’t or won’t accept that the rest of the human race doesn’t have to conform to their antiquated views, and many people do just that. But what if they’re not? What if there are genuine scientific reasons to fear same-sex marriage? After all, we in the UK know that same-sex marriage caused extreme flooding when it was legalised here, and now that it’s permitted in a country with the size and influence of the USA the consequences could be even more catastrophic. Here are just some possibilities we should brace ourselves for.
The overturning of nature
Governor Mike Huckabee pointed out that for the Supreme Court to legalise same-sex marriage is to overturn nature, which is impossible…
However, same-sex marriage is now legal, so clearly it is possible for humans to overturn nature. This opens up a wide variety of problems, given how nature is responsible for everything that keeps the planet running. Clearly LGBT people have the power to overrule nature to suit their own needs. While we can hope they restrict this ability to things like increasing the number of rainbows, there’s no guarantee of this. What if some careless homosexual is struggling with a heavy suitcase and decides to lower the mass of the planet to reduce the strength of gravity? We’d all be flung out of the atmosphere without warning…
Too many rainbows
As already hinted at, the celebrations of the legalisation of same-sex marriage have resulted in a stark increase in the number of rainbows seen everywhere. The rainbow is the symbol of the LGBT movement, so this makes sense. No harm in rainbows, right?
Wrong! It may seem like harmless celebration to put rainbows in every possible location, but what about the effect this is having on the eyes of those who have to look at them? The retina in the eye relies on photoreceptors, specialised cells that detect light. Because they’re organic and rely on biological processes, these photoreceptors can become exhausted if exposed to a particular stimulus for too long. Constant exposure to rainbows could mean people can’t see colours as well, and this could be disastrous. How will they know when to stop or go at a traffic light? Or which wire to cut when defusing a bomb?
RTFA. Good for a chuckle. A witty rejoinder to the animal spirits of the ignorant. Read on and learn about The climate damage and The slippery slopes.
White House illuminated in celebration, tonight
A special Thank You to Supreme Court Justice Anthony Kennedy. He is the sole traditional American conservative within that court. The sole honest conservative in that court. Willing to look forward, willing to join in building progress and understanding in a nation still wracked by divisions grounded in hate and fear on the Right.
Including the syllabus of the original filing, here is the Supreme Court’s decision [.pdf] – which Anthony Kennedy wrote for the majority.
Hiram Gonzalez married Severiano Chavez in Chihuahua — Cheros/AC
His church turned him away, his family discouraged him from a public fight and the government of the state where he lives vowed it would never happen.
But it did. Hiram Gonzalez married his boyfriend, Severiano Chavez, last year in the northern state of Chihuahua, which, like most Mexican states, technically allows marriage only between a man and a woman.
Mr. Gonzalez and dozens of other gay couples in recent months have, however, found a powerful ally: Mexico’s Supreme Court.
In ruling after ruling, the court has said that state laws restricting marriage to heterosexuals are discriminatory. Though the decisions have been made to little public fanfare, they have had the effect of legalizing gay marriage in Mexico without enshrining it in law…
As the United States awaits a landmark decision on gay marriage by the Supreme Court, the Mexican court’s rulings have added the country to a slowly growing list of Latin American nations permitting same-sex unions.
Argentina, Uruguay and Brazil already allow same-sex marriage. Chile plans to recognize same-sex civil unions this year; Ecuador approved civil unions in April; and Colombia grants same-sex couples many of the same rights extended to heterosexual married couples…
The shift in Mexico, the second largest country in Latin America after Brazil, is the product of a legal strategy that advocates used to bypass state legislatures, which have shown little inclination, and often hostility, to legalizing gay marriage.
In 2009, Mexico City, a large liberal island in this socially conservative country, legalized gay marriage — a first in Latin America. There have been 5,297 same-sex weddings there since then, some of them couples coming to the city from other states…
The Supreme Court upheld Mexico City’s law in 2010, adding that other states had to recognize marriages performed there.
Alex Ali Mendez, the lawyer pressing these cases, said the next step in the legal process was compiling enough injunctions in each state to reach a threshold under which the court could formally order state legislatures to rewrite their laws.
But experts said that Mexico had already reached a watershed.
A similar watershed exists among ordinary American citizens. Meaningless to Congress.
There are a fair number of judges in Mexico who hold to the traditions of law aiding the progress of their nation. Completely at odds with the philosophy of American conservatives and their pet judges on the Supreme Court. Progress for our nation, our people, means nothing to their theocratic minds. Preserving a backwards view of the past, as distorted as that may be, is their cardinal waypoint.
With politicians as corrupt as any in the hemisphere, Americans see the only exceptions being political action in blue states and the majority of federal courts. Still, when you get to the ultimate federal court in the nation, progress is held hostage to liars, frauds appointed by reactionary and cowardly hacks under Republican administrations.
This would have been “Pic of the day” except that I wanted to make the point this beautiful mural was an effort in support of the YES vote in Ireland for same-sex marriage. Good news all round.
Artist Joe Caslin completed the 45ft tall installation over the weekend after stirring debate in Dublin with a similar work showing a gay couple hugging.
Gauthier Destenay and Prime Minister Xavier Bettel
Luxembourg’s prime minister is to become the first European Union leader – and only the second worldwide leader – to marry someone of the same sex.
Xavier Bettel, 42, and his partner, Gauthier Destenay, an architect from Belgium, are among the first gay men to wed in the mostly Catholic Grand Duchy since it became the latest EU state to extend full rights to same-sex couples.
Their union comes five years after Jóhanna Sigurðardóttir, the then prime minister of Iceland, became the first serving leader in the world to marry a same-sex partner.
Bettel and Destenay, who have been civil partners since 2010, were expected to say their vows in a quiet civil ceremony with friends and family, away from the glare of publicity…
Few details have emerged about the wedding, which Bettel had aimed to keep private. Press photographers have been banned…
Bettel, who is leader of Luxembourg’s centre-right Democratic party, came out publicly as gay in 2008. But since taking power 18 months ago he has played down the significance of his sexuality, insisting “what happens at home remains private”.
His party won its leading place in a coalition government after promising to be a modernising force for Luxembourg, with plans to replace religious education in schools with general ethics classes, and to lower the voting age to 16.
Same-sex marriage was another key pledge. It was previously knocked down in 2007 by the then ruling Christian People’s party, but a poll in 2013 found 83% of Luxembourgers supported a change in the law.
No doubt he didn’t invite Jeb Bush, any of the purportedly modern Republicans, or the rest of that mob of professional bigots and hate-mongers. Constitutional equality may be all right for some furriners; but, not “real Americans”.
Bon chance, mes amis. Have a wonderful journey in love.
The largest presbyterian group in the US has voted to recognize same-sex marriage, the latest sweeping move by the church to acknowledge it as Christian.
Presbyterian Church USA voted on Tuesday to amend its constitution to extend marriage rights from “a man and a woman” to “two people, traditionally a man and a woman”.
A majority of the church’s 171 governing bodies ruled in favor of the change, which will affect the church’s more than 1.7 million members, including those strongly opposed to marriage equality.
Individual pastors who oppose same-sex marriages can still opt out of performing same-sex marriage ceremonies or allowing them to be held in their church.
The group’s general assembly approved the constitutional amendment in 2014, but the “two people” measure needed to be ratified before the constitution could officially be changed. On Tuesday night, 87 had voted in favor, and 41 had voted against…
In recent years, the church has adopted more inclusive policies: in 2011, it undid an anti-same-sex marriage amendment by allowing LGBT pastors in the church, and last year ministers began performing same-sex marriages in states where it is legal…
Paul Detterman, national director of the Fellowship Community, a conservative group that opposes the decision, told the New York Times he expects the decision to drive practitioners out of the church. He said, however, that the vote might also compel people to stay in order to defend their stance…
The Covenant Network of Presbyterians, which pushes for LGBT inclusion in the church, praised the amendment. “We rejoice that all couples can now see those relationships solemnized before God and the Christian community in marriage, at the discretion of ministers and sessions,” the group said in a statement.
I like the libertarian sense of the amendment. It allows those church members whose brain and heart are trapped in the Dark Ages to remain there. Of their own free will.