BREAKING: US Supreme Court Rules DOMA Unconstitutional
The U.S. Supreme Court just minutes ago issued a decision in a landmark marriage case, ruling in favor of same-sex marriage supporters. In a 5-4 ruling the Court ruled that section 3 of DOMA is unconstitutional, based on the Fifth Amendment. It is a broad ruling, rendering the 1996 law that bans the federal government from recognizing same-sex marriages effectively void.
“DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty,” the ruling states, relying on federalism principles. Chief Justice Roberts and Justice Scalia dissented.
DOMA is the Defense of Marriage Act of 1996 that banned the federal government from recognizing same-sex marriages, but allowed individual states to decide the issue. Since its passage, dozens of federal judges, President Barack Obama, Attorney General Eric Holder, and many others have deemed it unconstitutional. Even President Bill Clinton, who signed it into law, voiced his opposition to the law recently.
The American people in polls overwhelmingly have believed DOMA should be repealed or struck down, and also believe same-sex couples should be given the right to marry.
The DOMA case, officially United States v. Windsor, involves Edith Windsor (Edie, right, below) and her case against the Internal Revenue Service (IRS), which demanded she pay over $363,000 in estate inheritance taxes because the federal government did not recognize her marriage as valid. But the state of New York — where Windsor lived with her long-time partner of more than four decades, Thea Spyer — recognized their marriage as valid. Historically, states had been the entity to decide who is allowed to marry and who is not, and the federal government generally deferred to those decisions.
18,000 same-sex couples married in California between the time the California Supreme Court ruled same-sex couples had the right to marry, and when voters rescinded that right. Those couples were allowed to retain their marriages as legal, creating yet another distinct class of citizenry — something most courts abhor.
Ironically, today marks the ten-year anniversary of Lawrence v. Texas, a Supreme Court case that effectively made same-sex sexual activity legal.
This is a developing story and may be updated throughout the day.
Stay with The New Civil Rights Movement all day, and through the week for breaking news, analysis, and opinion on the SCOTUS same-sex marriage decisions from our communityâ€™s finest and most-respected attorneys, activists, politicians, and even plaintiffs in other marriage cases.Â
Read more on our team of guest authors who will be sharing opinions and analysis today and this week.
Image, top, by Chris Mancilla via Instagram. Image of Edie Windsor by Gina Webber via Instagram. New York Times image by Lambda Legal, via Twitter.
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Trump Desperate to Keep Any Possible Criminal Evidence From Supreme Court: Legal Expert
Donald Trump’s decision to allow one of his lawyers to speak before a grand jury on Friday morning, instead of appealing all the way to the Supreme Court, may have been made out of fear of what the justices on the nation’s highest court might see if they reviewed the case.
According to MSNBC legal analyst Lisa Rubin, under normal circumstances, the former president would have dragged out a legal fight over attorney-client privilege that would have kept attorney Evan Corcoran from testifying under oath about Trump’s possession of government documents at his Mar-a-Lago resort that led to the FBI showing up with a warrant.
As Rubin notes, the fact that Trump let Corcoran testify over three hours raised eyebrows.
“For one, yes, it is indeed unusual, if not unheard of, for a lawyer to be litigating against a party one day and then testifying under court-ordered examination by that same party the next one,” she wrote before suggesting Trump and his legal team were looking at the long game when he might need the predominantly conservative Supreme Court to lend him a helping hand.
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Writing, “Trump has made clear he believes this Supreme Court — controlled by conservative justices, three of whom he appointed — owes him one,” she added, “My hunch is that Trump’s team let Corcoran’s testimony happen because of what’s likely involved in any request to pause, much less, review a crime-fraud-related ruling: the evidence.”
“Put another way, if Trump had petitioned the Supreme Court to stay Corcoran’s testimony and document production, the justices would have seen some, if not all, of what Judge Howell and the three-judge panel on the D.C. Circuit have already reviewed: proof that Trump misled Corcoran and engaged in criminal conduct,” she elaborated.
Rubin went on to note that Trump would likely appeal any conviction to the Supreme Court, writing, “And for someone whose one last hope, if he is ultimately charged or tried by any of the multiple entities now investigating him, is that same Supreme Court, letting the justices see evidence of his alleged crimes now would be a bridge too far.”
“Trump can’t afford to lose the Supreme Court yet,” she suggested.
You can read more here.
No TX Congressional Republican Will Say If They’re Attending Trump’s Rally in Waco – Will He Have Trouble Filling Seats?
Donald Trump‘s Saturday campaign rally in Waco, Texas, falls during the 30th anniversary of the 51-day siege that community is known for, when 86 people died after a failed ATF raid on an anti-government religious cult suspected of illegally stockpiling firearms amid allegations of sexual abuse, statutory rape, and polygamy.
Experts have been warning for a week that Trump’s choice of Waco, synonymous with violent anti-government extremism, was no accident. His rhetoric this week, including most recently Friday when he warned of “potential death & destruction” should he be indicted, has been seen as encouraging violence.
NCRM was among the first news outlets to report experts’ concerns over Trump’s choice to hold a rally in Waco during the 30th anniversary of the deadly siege.
Not a single congressional Republican from Texas will say they are attending, nor has the town’s GOP mayor, according to a report from Insider, which contacted over two dozen Republican lawmakers and other elected officials.
“None of the 30 Texas Republicans Insider contacted about the event said they were going,” Insider reveals.
“Most of the 30 GOP members contacted about Donald Trump’s inaugural visit to the site of a 30-year-old standoff between cult leader David Koresh and federal authorities did not respond to requests for comment about whether they intended to rally with the scandal-plagued candidate and perhaps say a few kind words,” Insider reports.
“Rep. Pete Sessions, a Waco native who now represents the surrounding 17th congressional district, praised Trump for shining a light on his hometown but said he’d have to miss the spectacle,” Insider adds. “Aides to Rep. Troy Nehls, one of the four House Republicans from Texas who have formally backed Trump’s 2024 run, told Insider he wouldn’t be heading to Waco because of a prior commitment in Washington, DC, this weekend.”
READ MORE: ‘Utter Cowardice’: Jim Jordan Blasted for Telling Reporter He Can’t Read Trump’s Violence-Threatening Post Without Glasses
Meanwhile, in addition to guest list challenges – the campaign refused to tell Insider who the guest speakers will be – Trump may have trouble filling seats.
Mary Trump, the ex-president’s niece who opposes him, has been running a campaign to get anti-Trump Americans to “sign up” for tickets to the Saturday rally, in the hopes of being able to turn away supporters.
Let’s fill this venue with empty seats.https://t.co/3tGSfan5iw
— Mary L Trump (@MaryLTrump) March 24, 2023
“Donald has a rally in Waco this Saturday,” she also said via Twitter. “It’s a ploy to remind his cult of the infamous Waco siege of 1993, where an anti-government cult battled the FBI. Scores of people died. He wants the same violent chaos to rescue him from justice.”
“But we can stop him. If we book the 50,000+ venue, we can make sure most of the seats are empty when the traitor takes the stage,” she said. “We can no longer fail to hold powerful men accountable for their crimes against our country.”
Image via Shutterstock
‘Utter Cowardice’: Jim Jordan Blasted for Telling Reporter He Can’t Read Trump’s Violence-Threatening Post Without Glasses
Countless GOP lawmakers over the years have professed ignorance over Donald Trump’s tweets as reporters ask them to respond, often claiming they hadn’t read them, but House Republican Judiciary Chairman Jim Jordan took that performance to a whole new level Friday afternoon.
NBC News senior national political reporter Sahil Kapur asked the Ohio Republican congressman to weigh in on Trump’s social media post threatening “potential death & destruction” if he gets indicted.
“Jordan said he hasn’t seen Trump’s post,” Kapur said via Twitter. “When I showed [it] to him on my phone, he said he can’t read well without his glasses.”
“He added he’s reviewing DA Bragg’s letter,” Kapur added.
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Jordan, who didn’t need glasses to appear on Fox Business just two days ago (photo) is getting blowback.
VICE News Deputy DC Bureau Chief Todd Zwillich explained the progression.
“The stages of ignoring incitement,” he tweeted. “2016: I don’t respond to tweets —> 2018: I havent seen the tweet —-> 2023: I literally can’t see the tweet.”
“Utter cowardice,” declared former GOP Congressman Joe Walsh. “Not at all the @Jim_Jordan I knew & served with in Congress 10 yrs ago. Or…maybe it is.”
“The sheer dishonesty and cowardice of these people,” lamented MSNBC’s Mehdi Hasan, echoing Walsh’s remarks.
Government watchdog group Citizens for Ethics said the “extent to which Trump’s backers in Congress are going to not condemn [his] calls for violence are ludicrous.”
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Some tied Jordan’s inability to see the post to his apparent inability to see or remember all the Ohio State wrestlers who say they complained to Jordan when he was their assistant coach, about being sexually harassed or assaulted by the team doctor. To this day despite numerous reports and people publicly coming forward, Jordan denied it ever happened.
“Apparently, Jim Jordan is unable to see wrestlers being sexually abused or Donald Trump social media posts,” attorney and Republican turned Democrat Ron Filipkowski tweeted.
“Well, @Jim_Jordan has shown before that he has trouble seeing threats right in front of his nose, so this checks out,” tweeted historian Kevin M. Kruse.
But Jordan’s Democratic colleagues on the Judiciary Committee may have served up the best response: “Why do you need your glasses to condemn violence @Jim_Jordan?”
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