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A Blanchard Family Christmas

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Derek Penton joins our family of contributors today. Derek will give us an insider’s view on his lawsuit asking Louisiana to recognize his marriage.

On a December night just prior to Christmas in 2009, friends were gathering, families were snuggling, and New Orleans Saints fans were preparing for possibly the best Christmas gift Santa could bring – a Black and Gold Super bowl.  In the middle of all this Christmas cheer, a family I now love and hold dear was just starting to take shape.

Nadine and Courtney Blanchard met, fell in love, and were living what seemed to be the perfect life.  They had good careers, a stable relationship, and a home for themselves just like countless other couples. They soon began to realize that their goals and how they saw the future were pretty much in sync.  After two years of being a happy couple, they wanted to complete their family with a child.  In November 2011, after weighing all the options and deciding what would work best, they sought a doctor to help make their dreams a reality.  The couple underwent in vitro fertilization using Courtney’s egg, an anonymous sperm donor, and Nadine’s uterus as the vessel. The decision for Nadine to carry the child was an important one, not only because they both wanted to have a part in the creation of this child, but also because it would have legal complications down the road.

On May 2, 2012, the couple got the news that many couples dream. Their hopes of a child were coming into shape.  They were PREGNANT!  In the coming months, like normal expectant parents, the two soon-to-be moms would begin that old-fashioned parenting skill passed down from generation to generation without fail: They would begin to worry.  They worried about having a healthy child.  They worried about being good parents.  They worried, as a lesbian couple, how the child would fare out in a society and community in south Louisiana that doesn’t always accept “non-traditional” families.  As a paramedic, seeing the many family situations I have seen, I can attest that stability isn’t traditional or non-traditional, nor is family.  Like many people of my generation, I am a product of divorced parents; people tend to turn out just fine, no matter the family unit, when they are raised right! But I digress.

On May 19, 2012, Courtney and Nadine had a private ceremony in their hometown in Louisiana to solidify their family unit in front of friends and family.  Ask Courtney about her wedding dress if you get a chance and how much she LOVED wearing it.

As fall became winter (as much as that actually happens down here in Louisiana), Courtney and Nadine would receive the best present just five days after Christmas.  On December 30, 2012, they delivered a beautiful baby boy.  As the new baby was settling into his new life, and the moms were realizing that their own lives had changed forever and for the better, the bitter realities of what families like this go through every day begin to surface.

Courtney’s egg had produced this beautiful child who, by all biological appearances, blood, genetics, and mere spitting image was hers. Nadine carried the child to term and, in the eyes of the law, is the legal mother of this child.  Under Louisiana law, Nadine’s name was the only one that would be allowed to be on the birth certificate. Joint adoptions are possible in situations like this, but we are talking about the state of Louisiana, where you can marry your cousin, but two women cannot be on the same birth certificate. Louisiana does not allow same-sex marriage, nor does the state recognize the marriages of same-sex individuals from other states.  Joint adoption is out of the question, so Courtney has no legal say whatsoever in her child’s life.

Louisiana Civil Code Article 3520:

A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.

B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1999, No. 890, §1.

courtney and nadine blanchard 2

Nadine and Courtney had always felt that they would not be satisfied until they had a legal marriage, whether recognized in certain locations or not.  Knowing that a piece of paper does not confirm or validate love or a family, and that Louisiana would not recognize it, the couple still wanted a legal marriage. Fate seemed to step in.  In late August 2013, with some days off around Labor Day, the couple remembered they had a trip planned to Chicago to visit Nadine’s niece.  They decided to search for states near Illinois to find the closest one with legal same-sex marriage.  The couple discovered that the neighboring state, Iowa, had legalized same-sex marriage in 2009 and, with that in mind, they decided to make a day trip to a small county just across the state line.  Having in tow the two witnesses required for the marriage license, Nadine’s niece and a friend of Courtney’s from high school, along with their son, they had a ceremony that legalized their marriage.

Upon returning to Louisiana, the couple’s marriage was by all intents and purposes nothing but a piece of paper. See Frustrating Louisiana Civil Code Above.  The couple decided it was time for a change and time to stand up for what they believed was right and just.  One night on their local news they saw a story of a married couple in New Orleans that was suing to have their out-of-state marriage recognized and the fire started to burn. They contacted acting counsel Scott J. Spivey and joined a federal lawsuit, the lawsuit my husband and I brought, Robicheaux v Caldwell .  Knowing that this process could take years, they were up to the challenge.  They knew that the road was long and bumpy, but wanted to join a cause that touched them personally.

Courtney has said, “So, you ask me why we are fighting for our rights here in Louisiana? The answer is simple.  My family is no different than yours.  We make decisions together, we live together, and we love together.”

We have been told time and time again by both friends and strangers alike that it is not time here in Louisiana, and that to do this in a state that is so socially conservative is ridiculous. So as we wait for what the future brings for our case and our families, we ask you this:  What is your bottom line? Where do you draw your line in the sand? Will it be when something so terrible happens and you have no protection under the law? “Wills” and “powers of attorney” are not always enough to cover every situation. What time is the right time for Louisiana to recognize your family?

For my husband, Jon, and me – NOW IS THAT TIME, NOW IS THAT HOUR.  For Courtney, Nadine, and their son – NOW IS THAT TIME, NOW IS THAT HOUR. We will not wait until we are granted permission by organizations and public opinion to do what is best for our family.  We will fight for our family and all LGBT families in Louisiana, until the right side of history is in the books.  We hope that every one of you will join us on the journey.  You deserve no less.  We deserve no less.  Courtney and Nadine’s son deserves nothing less.

To keep up with our case, watch for my updates here every other Saturday. You can also visit us on Facebook or check out our website.

Editor’s Note: If you haven’t read it yet, be sure to catch up with Derek’s original piece for the New Civil Rights Movement: Robicheaux vs. Caldwell – Why We Are Suing To Be Married In Louisiana  

Photo via the Courtney and Nadine Blanchard

  derek penton

Derek Penton, 35, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.  After more than five years together, Penton and his husband, Jonathan Robicheaux, were legally married in Iowa on Sept. 23, 2012.

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News

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

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17 hours ago

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April 23, 2024

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Republicans in the Tennessee House passed legislation Tuesday afternoon allowing teachers to carry concealed weapons in classrooms across the state, thirteen months after a 28-year old shooter slaughtered three children and three adults at a Christian elementary school in Nashville.

The measure is reportedly not popular statewide, with Democrats, teachers, and parents from the school, Covenant Elementary, largely opposed. The Republican Speaker of the House, Cameron Sexton, at one point literally shut down debate on the bill by shutting off a Democratic lawmaker’s microphone and then smiling.

Ultimately, Republican Rep. Ryan Williams’s legislation passed the GOP majority House as protestors in the gallery shouted their objections: “Blood on your hands.”

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The legislation bars parents from being informed if their child’s teacher has a gun in the classroom.

State Troopers were called to “prevent people from getting close to the House chambers,” WSMV’s Marissa Sulek reports.

“You’re going to kill kids,” one woman had yelled at Rep. Williams from the gallery on Monday, The Tennessean reports. “You’re going to be responsible for the death of children. Shame on you.”

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Democratic state Rep. Justin Jones said on social media, “This is what fascism looks like.”

“In recent weeks,” the paper also reports, “parents of school shooting survivors, students and gun-reform advocates have heavily lobbied against the bill, with one Covenant School mom delivering a letter to the House on Monday with more than 5,300 signatures asking lawmakers to kill the bill.”

The bill, which already passed the state Senate, now heads to Republican Governor Bill Lee’s desk. He is expected to sign it into law.

Watch the videos above or at this link.

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OPINION

Trump Complains He’s ‘Not Allowed to Talk’ as He Gripes Live on Camera

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19 hours ago

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April 23, 2024

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At the end of another short courtroom day that required barely three hours of Donald Trump’s time, the ex-president spoke to reporters inside Manhattan’s Criminal Courts Building to complain about a wide variety of perceived and alleged wrongs he is suffering, including, not being “allowed to talk.”

The ex-president’s presence was required only from 11 AM until just 2 PM. Judge Juan Merchan is overseeing Manhattan District Attorney Alvin Bragg’s prosecution of the ex-president in a case that has already drawn a straight line through the “hush money” headlines to correct them to alleged criminal conspiracy and election interference.

Judge Merchan, for nearly two hours Tuesday morning, heard prosecutors’ allegations that Trump has violated his gag order ten times, and heard defense counsel’s claims that he had not.

It did not go well for the Trump legal team, with Judge Merchan toward the end of the hearing, during which no jurors were allowed, telling Trump lead attorney Todd Blanche, “You’re losing all credibility.”

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During the day’s hearing, jurors heard prosecutors’ lead witness, the former head of the company that publishes the National Enquirer tabloid, David Pecker, explain how he was working to help the Trump campaign.

“David Pecker testifies that, following his 2015 meeting with Trump and [Michael] Cohen, he met with former National Enquirer editor-in-chief Dylan Howard,” MSNBC’s Kyle Griffin reports. “Pecker outlined the arrangement and described it as ‘highly private and confidential.’ Pecker asked Howard to notify the tabloid’s West Coast and East Coast bureau chiefs that any stories that came in about Trump or the 2016 election must be vetted and brought straight to Pecker — and ‘they’ll have to be brought to Cohen.’ Pecker told Howard the arrangement needed to stay a secret because it was being carried out to help Trump’s campaign.”

Trump did not discuss any evidence against him with reporters, but he did complain about the gag order. And President Joe Biden. And the temperature in the courtroom. And his apparent attempt to stay awake, which has been a problem for him almost every day in court.

“We have a gag order, which to me is totally unconstitutional, I’m not allowed to talk but people are allowed to talk about me,” Trump told reporters, emphasizing the last word in that sentence.

“So they can talk about me, they can say whatever they want, they can lie. But I’m not allowed to say anything, I just have to sit back and look at why a conflicted judge has ordered me to have a gag order.”

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“I don’t think anybody’s ever seen anything like this,” Trump claimed, falsely implying no criminal defendant has ever had a gag order imposed on them previously. “I’d love to talk to you people, I’d love to say everything that’s on my mind, but I’m restricted because I have a gag order, and I’m not sure that anybody’s ever seen anything like this before.”

Trump then started to discuss the “articles” in his hand, what appeared to be dozens of articles he said had “all good headlines,” while implying they claimed “the case is a sham.”

Trump oversimplified the legal arguments attached to his gag order, as discussed with Judge Merchan Tuesday morning. The judge has yet to rule on prosecutors’ request to hold Trump in contempt.

“So I put an article in and then somebody’s name is mentioned somewhere deep in the article and I end up in violation of a gag order,” he told reporters, apparently referring to his posts on Truth Social with persecutes say violated his gag order. “I think it’s a disgrace. It’s totally unconstitutional. I don’t believe it’s ever – not to this extent – ever happened before. I’m not allowed to defend myself and yet other people are allowed to say whatever they want about me. Very, very unfair.”

“Having to do with the schools and the closings – that’s Biden’s fault,” Trump said, strangely, as if the COVID pandemic were still officially in process. “And by the way, this trial is all Biden, this is all Biden just in case anybody has any question. And they’re keeping me, in a courtroom that’s freezing by the way, all day long while he’s out campaigning, that’s probably an advantage because he can’t campaign.”

“Nobody knows what he’s doing. he can’t put two sentences together. But he’s out campaigning. He’s campaigning and I’m here and I’m sitting here sitting up as straight as I can all day long because you know, it’s a very unfair situation,” Trump lamented. “So we’re locked up in a courtroom and this guy’s out there campaigning, if you call it a campaign, every time he opens his mouth he gets himself into trouble.”

Watch below or at this link.

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News

Biden Campaign Hammers Trump Over Infamous COVID Comment

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22 hours ago

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April 23, 2024

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Four years ago today then-President Donald Trump, on live national television during what would be known as merely the early days and weeks of the COVID-19 pandemic, suggested an injection of a household “disinfectant” could cure the deadly coronavirus.

The Biden campaign on Tuesday has already posted five times on social media about Trump’s 2020 remarks, including by saying, “Four years ago today, Dr. Birx reacted in horror as Trump told Americans to inject bleach on national television.”

Less than 24 hours after Trump’s remarks calls to the New York City Poison Control Center more than doubled, including people complaining of Lysol and bleach exposure. Across the country, the CDC reported, calls to state and local poison control centers jumped 20 percent.

“It was a watershed moment, soon to become iconic in the annals of presidential briefings. It arguably changed the course of political history,” Politico reported on the one-year anniversary of Trump’s bleach debacle. “It quickly came to symbolize the chaotic essence of his presidency and his handling of the pandemic.”

How did it happen?

“The Covid task force had met earlier that day — as usual, without Trump — to discuss the most recent findings, including the effects of light and humidity on how the virus spreads. Trump was briefed by a small group of aides. But it was clear to some aides that he hadn’t processed all the details before he left to speak to the press,” Politico added.

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“’A few of us actually tried to stop it in the West Wing hallway,’ said one former senior Trump White House official. ‘I actually argued that President Trump wouldn’t have the time to absorb it and understand it. But I lost, and it went how it did.'”

The manufacturer of Lysol issued a strong statement saying, “under no circumstance should our disinfectant products be administered into the human body (through injection, ingestion or any other route),” with “under no circumstance” in bold type.

Trump’s “disinfectant” remarks were part of a much larger crisis during the pandemic: misinformation and disinformation. In 2021, a Cornell University study found the President was the “single largest driver” of COVID misinformation.

What did Trump actually say?

“And then I see the disinfectant, where it knocks it out, in a minute,” Trump said from the podium at the White House press briefing room, as Coronavirus Task Force Coordinator Dr. Deborah Birx looked on without speaking up. “Is there a way we can do something like that? By injection, inside, or almost a cleaning, ’cause you see it gets in the lungs and it does a tremendous number on the lungs. So it would be interesting to check that. You’re going to have to use medical doctors, right? But it sounds interesting to me.”

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Within hours comedian Sarah Cooper, who had a good run mocking Donald Trump, released a video based on his remarks that went viral:

The Biden campaign at least 12 times on the social media platform X has mentioned Trump’s infamous and dangerous remarks about injecting “disinfectant,” although, like many, they have substituted the word “bleach” for “disinfectant.”

Hours after Trump’s remarks, from his personal account, Joe Biden posted this tweet:

Tuesday morning the Biden campaign released this video marking the four-year anniversary of Trump’s “disinfectant” remarks.

See the social media posts and videos above or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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