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Adoption: Another Anti-Equality Argument Disappears

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Here is some news that’s much bigger than people seem to realize:

The Diocese of Peoria has announced that it is abandoning litigation and transferring all of its foster care and adoption operations, including children, case workers, supervisors and clinical services, to a new, separate entity. The new organization will not be bound by the religious tenets asserted by Catholic Charities, and instead will follow the law and DCFS’ mandate requiring that the state’s wards have the opportunity to be cared for by all potential caring and qualified foster and adoptive parents, including gays and lesbians.

Why is this such a big deal? Because marriage equality opponents — especially folks like Maggie Gallagher and Robbie George, but by no means only them — have been wailing since the mid-2000’s that state laws recognizing marriage equality (and even civil unions) will result in the forced closure of agencies, like Catholic Charities, that face an irresolvable conflict between church doctrine and state law. This creative solution proves that there’s an alternative to this either/or, binary approach.

Even before this news, their argument has always contained two errors: First, there’s nothing about laws mandating marriage equality that forces this issue. It’s really anti-discrimination law that should be the trigger, so if they have a beef with those laws (as Gallagher at least did at one time), they should be clear about that. Second, these agencies don’t have to go out of business, but simply have to stop taking state money. As with the clerk who won’t give out marriage licenses to same-sex couples, agencies that operate on the state’s dime shouldn’t complain when the state chooses to take its own antidiscrimination laws seriously.

This latest development should cause those who have made this in terrorem argument to seriously rethink their position (but will they?). Because if a diocese can make the serious and sober decision that it needs to reconfigure itself out from under Catholic orthodoxy in order to best serve children in need, then at least some well-meaning Catholics understand the competing demands of doctrine and reality, and that the reality is this: Kids’ best interest can be served when they’re raised by same-sex parents. I’d expect this new entity to be run and staffed by many of the same folks currently working for the Peoria division of Catholic Charities, and that those of them who are practicing Catholics will continue to be so. As is clear from other issues (perhaps especially capital punishment), American Catholics don’t walk in lockstep behind papal decrees.

The Peoria Solution — why not call it that? — commends itself to all Catholic Charities. If they want to continue serving kids, they can — just under a different name, and with only a slightly altered mission. This is something that Maggie Gallagher, at least, should favor: She’s on record as favoring the rights of same-sex couples to adopt.

I’m eagerly awaiting the Catholic commentators’ responses to this development, which shows that it is, indeed, possible to reconcile religious belief with the demands of a properly secular, and just, society.

Were he born 10,000 years ago, John Culhane would not have survived to adulthood; he has no useful, practical skills. He is a law professor who writes about various and sundry topics, including: disaster compensation; tort law; public health law; literature; science; sports; his own personal life (when he can bear the humanity); and, especially, LGBT rights and issues. He teaches at the Widener University School of Law and is a Senior Fellow at the Thomas Jefferson School of Population Health.

He is also a contributor to Slate Magazine, and writes his own eclectic blog. You can follow him on Facebook and Twitter if you’re blessed with lots of time.

John Culhane lives in the Powelton Village area of Philadelphia with his partner David and their twin daughters, Courtnee and Alexa. Each month, he awaits the third Saturday evening for the neighborhood Wine Club gathering.

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‘Lying’ Samuel Alito Is a ‘Coward’: Elections Expert

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Professor of Law Richard Hasen, an elections law expert, is denouncing Supreme Court Justice Samuel Alito as a “coward” who is either lying to himself or the American public, after authoring what has been called the “earthquake” decision in Louisiana v. Callais, which sharply erodes the Voting Rights Act.

Alito’s “disastrous” majority opinion in Callais “essentially gutted what remains of the Voting Rights Act,” but he “claims to have done no such thing. The question is why,” Hasen posits.

Hasen charges that Justice Alito was too “afraid” to share his actual opinion, and so he found ways to “get away with overturning Section 2 of the Voting Rights Act through technical minutiae rather than through a direct hit.”

Section 2, passed in 1965, is the provision of the Voting Rights Act that protects minority voters from discriminatory voting laws and maps.

Hasen argues that Alito’s opinions in both Callais and Brnovich v. Democratic National Committee “necessarily imply” that “Congress cannot do anything to protect minority voting rights short of banning intentional discrimination despite the 14th Amendment’s equal protection guarantee, despite the 15th Amendment’s ban on race discrimination in voting, and despite the fact that both amendments explicitly give Congress the power to enforce the measures by ‘appropriate legislation.'”

READ MORE: Trump Attacks ‘Very Disloyal’ GOP Senator — Calls for Him to Lose Primary

He notes that Alito managed to render Section 2 of the Voting Rights Act “essentially toothless,” while leaving the six-decade-old landmark law on the books.

“Since Brnovich,” he writes, “no plaintiffs have brought successful suits under Section 2 challenging a law alleged to suppress votes.”

Indeed, Alito’s opinions in both cases are “extreme overkill,” handing states “multiple pathways” to defeat a Section 2 claim.

Hasen explains that for Alito, “to discriminate against Louisiana Democrats is not to discriminate against Louisiana’s Black voters, despite the overwhelming overlap between the two groups.”

But for Hasen, the most “galling” issue is that Alito “goes out of his way to disclaim he is making radical change while putting multiple stakes through the heart of Section 2.”

He offers some possibilities of why Alito has acted in this way.

“Maybe Alito is worried that a ruling forthrightly saying what he is doing would sully the reputation of the court, which has already faced public criticism for killing off another key part of the Voting Rights Act in 2013’s Shelby County decision,” Hasen writes. “Perhaps he is worried that a frontal kill of Section 2 would energize Democrats, leading to greater losses for Republicans in the midterm elections and in future elections.”

Regardless, Hasen concludes, no one “is fooled by Justice Alito’s act of cowardice, unless it is Justice Alito himself. If that’s the case, he is more deluded than he seems to think the rest of us are.”

READ MORE: Trump Stalls J6 Lawsuits From Officers and Lawmakers With Immunity Push: Report

 

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Trump Attacks ‘Very Disloyal’ GOP Senator — Calls for Him to Lose Primary

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In a double-barreled attack, President Donald Trump has targeted a two-term sitting Republican U.S. Senator, calling for him to be voted out during the GOP primary — which is tight and barely weeks away — while criticizing him for his vote on impeachment and his opposition to the president’s pick for Surgeon General.

Calling U.S. Senator Bill Cassidy (R-LA) “a very disloyal person” who won election thanks to his endorsement, the president blasted him for his Senate vote to convict him “on what has now proven to be a total Hoax and Scam.”

Accusing Cassidy of “intransigence and political games,” Trump charged that he has “stood in the way of Robert F. Kennedy Jr.’s Nominee, Casey Means, for the important position of U.S. Surgeon General.”

Just sixteen days before the GOP primary, Trump did not hold back.

“Hopefully all of the Great Republican People of Louisiana, which I won, BIG, three times, will be voting Bill Cassidy OUT OF OFFICE in the upcoming Republican Primary!”

READ MORE: Trump Stalls J6 Lawsuits From Officers and Lawmakers With Immunity Push: Report

According to The Hill, Senator Cassidy is currently polling behind two of his GOP primary challengers among likely Republican voters.

Cassidy got just 21 percent support, U.S. Rep. Julia Letlow received 27 percent, and state treasurer John Fleming received 28 percent, according to an Emerson poll. Although Trump endorsed Congresswoman Letlow in January, she has yet to pull into the lead.

In 2021, Cassidy was one of just seven Republican senators who voted to convict Trump for inciting the January 6 attack on the Capitol. Of the seven, just three are currently serving: Cassidy, Susan Collins, and Lisa Murkowski.

Minutes after his attack, Trump announced his nomination of Fox News contributor Dr. Nicole B. Saphier to become Surgeon General, after calling Means “a strong MAHA Warrior” who “understands the MAHA Movement better than anyone, with perhaps the possible exception of ME!”

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Trump Stalls J6 Lawsuits From Officers and Lawmakers With Immunity Push: Report

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President Donald Trump is holding up lawsuits from police officers and Democratic lawmakers suing in federal court by pursuing immunity claims, Bloomberg News reports. The plaintiffs say he bears legal responsibility for inciting the January 6, 2021 riots at the U.S. Capitol.

Trump is appealing a March decision by a federal judge who rejected his bid to have the cases thrown out.

The president’s personal attorneys are also arguing that he should not be required to submit any information, documents, or evidence to the plaintiffs until his immunity appeal is resolved — a position that, if granted, could extend the litigation by years even if Trump loses.

U.S. District Judge Amit Mehta has repeatedly rejected Trump’s immunity claims. Because Judge Mehta ruled that Trump was not acting in his official capacity, the Justice Department was denied its request to become the defendant in place of Trump.

Last month, Politico reported, Judge Mehta ruled that Trump’s January 6 speech at the Ellipse was a political act and therefore not eligible for immunity. The U.S. Supreme Court ruled presidents have broad criminal immunity for official acts.

“President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” Mehta wrote. “The content of the Ellipse Speech confirms that it is not covered by official-acts immunity.”

Politico also reported that the appeals process will likely generate years of additional litigation, keeping the cases alive through the end of Trump’s presidency.

READ MORE: Trump Running Out of Options in $83 Million Case After Court Rejects Rehearing Bid

 

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