Connect with us

US Supreme Court Refuses to Hear Same-Sex Benefits Case

Published

on

Decision Comes One Day Before SCOTUS Hears Pivotal Anti-Gay Wedding Cake Baker’s Case 

The U.S. Supreme Court on Monday refused to hear a case from Houston’s appeal of a lower court ruling that said the right to a marriage license did not entitle same-sex couples to spousal benefits under employee insurance plans. The case, Pidgeon v. Turner challenged then-Houston Mayor Annise Parker’s announcement that the city would begin offering health insurance and other benefits to the same-sex spouses of city employees.

The case began in late 2013 when two Houston taxpayers sued Mayor Parker and the City of Houston after city officials determined that an earlier U.S. Supreme Court ruling, U.S. v. Windsor, striking down part of the so-called Defense of Marriage Act (DOMA), required that benefits be equally available to the legal different-sex or same-sex spouses of city employees.

A Texas state district judge initially ruled in favor of the plaintiffs but the Texas 14th Court of Appeals overturned that decision in the wake of the U.S. Supreme Court’s Obergefell ruling.

The plaintiffs then petitioned the Texas Supreme Court for review, which initially declined to hear the case. However, after a concerted campaign lead by Texas Republicans, Governor Greg Abbott, Lt. Gov. Dan Patrick, and Attorney General Ken Paxton, the state’s High Court reversed itself and agreed to hear the case. That hearing took place on March 1, 2017. The plaintiffs and several “family values” Christian groups in Texas held that Obergefell didn’t settle the question of whether married same-sex couples must receive same spousal benefits as different-sex couples.

In its decision released last June 30, the court ruled against Houston in its ruling, writing, “But Obergefell is not the end either. Already, the Supreme Court has taken one opportunity to address Obergefell’s impact on an issue it did not address in Obergefell, and there will undoubtedly be others.” 

LGBTQI legal rights advocacy group, Lambda Legal, in response to the Texas Supreme Court decision in June said:

“This absurd contortion of the Obergefell ruling defies all logic and reason, especially in light of the Supreme Court’s explicit ruling on Monday that marriage is marriage and equal is equal. We will take steps to protect these families,” said Kenneth D. Upton, Jr., Senior Counsel in Lambda Legal’s South Central Regional Office in Dallas. “The Court was very clear in the majority opinion about the scope of what marriage entails.”

“This decision is political and is an example of why elected judges are bad for LGBT people and bad for judicial independence,” added Eric Lesh, Fair Courts Project Director at Lambda Legal. 

The U.S. Supreme Court’s action returns the decision to the lower courts in Texas for further appellate action and although SCOTUS’s action set no nationwide legal precedent, it still may give a boost to conservative efforts to limit the effects of its decision in the case Obergefell v. Hodges that the fundamental right to marry is guaranteed to gay couples under the Constitution. The case will now proceed in a Texas state court.

LGBTQI advocacy groups raised an alarm Monday as they see the Supreme Court’s actions as giving leeway to conservative groups and conservative justices to chip away at LGBTQI Marriage Equality. GLAAD’s Executive Director, Sarah Kate Ellis, noted in an emailed statement that the denial of certiorari in the Houston Case is troubling given that this ruling occurred one day prior to SCOTUS hearing oral arguments on another yet another case with serious implications for the LGBTQI community.

“With all eyes on tomorrow’s oral arguments in the Masterpiece Cakeshop religious exemptions case, the Supreme Court has just let an alarming ruling by the Texas Supreme Court stand which plainly undercuts the rights of married same-sex couples,” Ellis said. “Today’s abnegation by the nation’s highest court opens the door for an onslaught of challenges to the rights of LGBTQ people at every step.”

That case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, arrays Christian conservative groups against the LGBTQI community. The case was brought by another anti-LGBTQI family values legal group, the Alliance Defending Freedom, representing a Colorado bakery owner, and cake artist Jack Phillips.

Phillips claimed he couldn’t design a custom wedding cake for two men who requested it sayting in court documents that “using his artistic talents to celebrate a same-sex marriage would violate his Christian faith and his artistic freedom.”

The High Court will have to decide between three constitutional rights: “sexual equality, freedom of religion and freedom of expression” in the Masterpiece Cakeshop case. Proponents of LGBTQI equality say that a decision in favor of Phillips would have a chilling effect on equality for LGBTQI people. The stakes are high, and could open the door for conservative businesses to spurn gay couples. 

The Trump administration, around twenty American states, dozens of members of Congress and countless Christian and conservative pressure groups have backed Phillips.

Brody Levesque is the Chief Political Correspondent for The New Civil Rights Movement.
You may contact Brody at Brody.Levesque@thenewcivilrightsmovement.com

To comment on this article and other NCRM content, visit our Facebook page.

Image by Joe Ravi via Wikimedia and a CC-BY-SA 3.0 license

If you find NCRM valuable, would you please consider making a donation to support our independent journalism?

 

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

OPINION

Noem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’

Published

on

Republican Governor Kristi Noem of South Dakota, a top potential Trump vice presidential running mate pick, revealed in a forthcoming book she “hated” her 14-month old puppy and shot it to death. Massive online outrage ensued, including accusations of “animal cruelty” and “cold-blooded murder,” but the pro-life former member of Congress is defending her actions and bragging she had the media “gasping.”

“Cricket was a wirehair pointer, about 14 months old,” Noem writes in her soon-to-be released book, according to The Guardian which reports “the dog, a female, had an ‘aggressive personality’ and needed to be trained to be used for hunting pheasant.”

“By taking Cricket on a pheasant hunt with older dogs, Noem says, she hoped to calm the young dog down and begin to teach her how to behave. Unfortunately, Cricket ruined the hunt, going ‘out of her mind with excitement, chasing all those birds and having the time of her life’.”

“Then, on the way home after the hunt, as Noem stopped to talk to a local family, Cricket escaped Noem’s truck and attacked the family’s chickens, ‘grabb[ing] one chicken at a time, crunching it to death with one bite, then dropping it to attack another’.”

READ MORE: President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off

“Cricket the untrainable dog, Noem writes, behaved like ‘a trained assassin’.”

Except Cricket wasn’t trained. Online several people with experience training dogs have said Noem did everything wrong.

“I hated that dog,” Noem wrote, calling the young girl pup “untrainable,” “dangerous to anyone she came in contact with,” and “less than worthless … as a hunting dog.”

“At that moment,” Noem wrote, “I realized I had to put her down.”

“It was not a pleasant job,” she added, “but it had to be done. And after it was over, I realized another unpleasant job needed to be done.”

The Guardian reports Noem went on that day to slaughter a goat that “smelled ‘disgusting, musky, rancid’ and ‘loved to chase’ Noem’s children, knocking them down and ruining their clothes.”

She dragged both animals separately into a gravel pit and shot them one at a time. The puppy died after one shell, but the goat took two.

On social media Noem expressed no regret, no sadness, no empathy for the animals others say did not need to die, and certainly did not need to die so cruelly.

READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

But she did use the opportunity to promote her book.

Attorney and legal analyst Jeffrey Evan Gold says Governor Noem’s actions might have violated state law.

“You slaughtered a 14-month-old puppy because it wasn’t good at the ‘job’ you chose for it?” he asked. “SD § 40-1-2.3. ‘No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal.'”

The Democratic National Committee released a statement saying, “Kristi Noem’s extreme record goes beyond bizarre rants about killing her pets – she also previously said a 10-year-old rape victim should be forced to carry out her pregnancy, does not support exceptions for rape or incest, and has threatened to throw pharmacists in jail for providing medication abortions.”

Former Trump White House Director of Strategic Communications Alyssa Farah Griffin, now a co-host on “The View” wrote, “There are countless organizations that re-home dogs from owners who are incapable of properly training and caring for them.”

The Lincoln Project’s Rick Wilson blasted the South Dakota governor.

“Kristi Noem is trash,” he began. “Decades with hunting- and bird-dogs, and the number I’ve killed because they were chicken-sharp or had too much prey drive is ZERO. Puppies need slow exposure to birds, and bird-scent.”

“She killed a puppy because she was lazy at training bird dogs, not because it was a bad dog,” he added. “Not every dog is for the field, but 99.9% of them are trainable or re-homeable. We have one now who was never going in the field, but I didn’t kill her. She’s sleeping on the couch. You down old dogs, hurt dogs, and sick dogs humanely, not by shooting them and tossing them in a gravel pit. Unsporting and deliberately cruel…but she wrote this to prove the cruelty is the point.”

Melissa Jo Peltier, a writer and producer of the “Dog Whisperer with Cesar Millan” series, also heaped strong criticism on Noem.

“After 10+ years working with Cesar Millan & other highly specialized trainers, I believe NO dog should be put down just because they can’t or won’t do what we decide WE want them to,” Peltier said in a lengthy statement. “Dogs MUST be who they are. Sadly, that’s often who WE teach them to be. And our species is a hot mess. I would have happily taken Kristi Noem’s puppy & rehomed it. What she did is animal cruelty & cold blooded murder in my book.”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

Continue Reading

OPINION

President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off

Published

on

President Joe Biden gave an nearly-unannounced, last-minute, live exclusive interview Friday morning to Howard Stern, the SiriusXM radio host who for decades, from the mid-1990s to about 2015, was a top Trump friend, fan, and aficionado. But the impetus behind the President’s move appears to be a rare and unsigned statement from the The New York Times Company, defending the “paper of record” after months of anger from the public over what some say is its biased negative coverage of the Biden presidency and, especially, a Thursday report by Politico claiming Times Publisher A.G. Sulzberger is furious the President has refused to give the “Grey Lady” an in-person  interview.

“The Times’ desire for a sit-down interview with Biden by the newspaper’s White House team is no secret around the West Wing or within the D.C. bureau,” Politico reported. “Getting the president on the record with the paper of record is a top priority for publisher A.G. Sulzberger. So much so that last May, when Vice President Kamala Harris arrived at the newspaper’s midtown headquarters for an off-the-record meeting with around 40 Times journalists, Sulzberger devoted several minutes to asking her why Biden was still refusing to grant the paper — or any major newspaper — an interview.”

“In Sulzberger’s view,” Politico explained, “only an interview with a paper like the Times can verify that the 81-year-old Biden is still fit to hold the presidency.”

But it was this statement that made Politico’s scoop go viral.

READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

“’All these Biden people think that the problem is Peter Baker or whatever reporter they’re mad at that day,’ one Times journalist said. ‘It’s A.G. He’s the one who is pissed [that] Biden hasn’t done any interviews and quietly encourages all the tough reporting on his age.'”

Popular Information founder Judd Legum in March documented The New York Times’ (and other top papers’) obsession with Biden’s age after the Hur Report.

Thursday evening the Times put out a “scorching” statement, as Politico later reported, not on the newspaper’s website but on the company’s corporate website, not addressing the Politico piece directly but calling it “troubling” that President Biden “has so actively and effectively avoided questions from independent journalists during his term.”

Media watchers and critics pushed back on the Times’ statement.

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

“NYT issues an unprecedented statement slamming Biden for ‘actively and effectively avoid[ing] questions from independent journalists during his term’ and claiming it’s their ‘independence’ that Biden dislikes, when it’s actually that they’re dying to trip him up,” wrote media critic Dan Froomkin, editor of Press Watch.

Froomkin also pointed to a 2017 report from Poynter, a top journalism site published by The Poynter Institute, that pointed out the poor job the Times did of interviewing then-President Trump.

Others, including former Biden Deputy Secretary of State Brian McKeon, debunked the Times’ claim President Biden hasn’t given interviews to independent journalists by pointing to Biden’s interviews with CBS News’ “60 Minutes” and a 20-minute sit-down interview with veteran journalist John Harwood for ProPublica.

Former Chicago Sun-Times editor Mark Jacob, now a media critic who publishes Stop the Presses, offered a more colorful take of Biden’s decision to go on Howard Stern.

The Times itself just last month reported on a “wide-ranging interview” President Biden gave to The New Yorker.

Watch the video and read the social media posts above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

 

 

Continue Reading

News

CNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial

Published

on

Donald Trump’s Friday morning claim Manhattan’s Criminal Courts Building is “heavily guarded” so his supporters cannot attend his trial was torched by a top CNN anchor. The ex-president, facing 34 felony charges in New York, had been urging his followers to show up and protest on the courthouse steps, but few have.

“I’m at the heavily guarded Courthouse. Security is that of Fort Knox, all so that MAGA will not be able to attend this trial, presided over by a highly conflicted pawn of the Democrat Party. It is a sight to behold! Getting ready to do my Courthouse presser. Two minutes!” Trump wrote Friday morning on his Truth Social account.

CNN’s Kaitlan Collins supplied a different view.

“Again, the courthouse is open the public. The park outside, where a handful of his supporters have gathered on trials days, is easily accessible,” she wrote minutes after his post.

READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

Trump has tried to rile up his followers to come out and make a strong showing.

On Monday Trump urged his supporters to “rally behind MAGA” and “go out and peacefully protest” at courthouses across the country, while complaining that “people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to ‘Peacefully Protest,’ and are rudely and systematically shut down and ushered off to far away ‘holding areas,’ essentially denying them their Constitutional Rights.”

On Wednesday Trump claimed, “The Courthouse area in Lower Manhattan is in a COMPLETE LOCKDOWN mode, not for reasons of safety, but because they don’t want any of the thousands of MAGA supporters to be present. If they did the same thing at Columbia, and other locations, there would be no problem with the protesters!”

After detailing several of his false claims about security measures prohibiting his followers from being able to show their support and protest, CNN published a fact-check on Wednesday:

“Trump’s claims are all false. The police have not turned away ‘thousands of people’ from the courthouse during his trial; only a handful of Trump supporters have shown up to demonstrate near the building,” CNN reported.

“And while there are various security measures in place in the area, including some street closures enforced by police officers and barricades, it’s not true that ‘for blocks you can’t get near this courthouse.’ In reality, the designated protest zone for the trial is at a park directly across the street from the courthouse – and, in addition, people are permitted to drive right up to the front of the courthouse and walk into the building, which remains open to the public. If people show up early enough in the morning, they can even get into the trial courtroom itself or the overflow room that shows near-live video of the proceedings.”

READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.