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Does The U.S. Constitution Already Make Gay Marriage Legal?

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Happy Birthday, 14th
Amendment!

Recent advances in gay marriage have created an interesting – and I use that term generously – cornucopia of marriage situations. In California, gay marriage was “illegal,” until May, when the California Supreme Court deemed any ban against same-sex marriage unconstitutional. That allowed 18,000 couples to wed – until Prop 8 was passed, overruling the Supreme Court and making same-sex marriage, essentially, illegal once again. But there are still 18,000 same-sex couples in California who are married – their marriages remain “legal.”

Iowa, Massachusetts, Connecticut, Vermont, New Hampshire, and Maine have all moved to support marriage equality. So, what happens if one of those 18,000 couples moves to, say, Massachusetts? Well, aside from having better access to lobster, nothing. What happens if a promotion takes them to, say, New York? Again, nothing, because New York, while not enabled to perform same-sex marriages, still recognizes them from other jurisdictions. But, if that couple moves to New Jersey, voila! They are not married; they do not receive legal recognition of their marriage by the state. Crazy, huh?

In June 0f 1958, Mildred Jeter and Richard Loving were married in Washington, D.C. and went home to Virgina, where they were subsequently arrested one night, in their bed, having sex, which was illegal. Why? The Lovings were an interracial couple, and in 1958 Virgina, it was illegal for them to be married, and it was illegal for them to have sex. Crazy, huh?

Right now, that very same fictional California couple I mentioned is facing a similar fate. While they aren’t subject to arrest for being married or for having sex (thank God!) they are still not legally married in New Jersey or in any one of forty-two other states. And in the eyes of the federal government, they are not married in any state. Crazy, huh?

The Fourteenth Amendment, which is 141 years old today, was used in the landmark case of Loving v. Virginia to repeal anti-miscegenation laws, making interracial marriage legal. It should protect same-sex couples as well. Via Wikipedia:

“The U.S. Supreme Court overturned the convictions in a unanimous decision, dismissing the Commonwealth of Virginia’s argument that a law forbidding both white and black persons from marrying persons of another race, and providing identical penalties to white and black violators, could not be construed as racially discriminatory. The court ruled that Virginia’s anti-miscegenation statute violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. In its decision, the court wrote:

“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”

The Supreme Court concluded that anti-miscegenation laws were racist and had been enacted to perpetuate white supremacy:

“There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy.”

And there you have it. The Supreme Court of The United States, in 1959 made it clear:

“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival….”

The obvious question becomes, can race be viewed in the same manner as sexual orientation or identification?

The State of Massachussetts is taking this one step further. It is suing the federal government, saying the Defense of Marriage Act violates the Constitution and forces the states to discriminate against same-sex couples.

The Attorney General for Massachussetts, in the complaint filed in U.S. District Court, said,

“Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.”

In, “New DOMA Lawsuit is the Most Exciting Yet,” Emma Ruby-Sachs writes,

“The genius of this complaint is that it takes a conservative argument — that liberal states should not be permitted to impose their tolerance and acceptance of homosexuality on the rest of the country — and turns it around to benefit a state that really pioneered gay rights in the U.S.

“Even a conservative justice would support the notion that federal encroachment over those few areas where states have sovereign jurisdiction is unconstitutional. In this case, that principle supports, at the very least, limiting the application of DOMA when it affects state programs with federal funding.

“If a conservative justice chooses to oppose the argument put forward by Massachusetts Attorney General Martha Coakley, then their logic could be used in the future to justify federal enforcement of equal rights on those states that oppose same-sex marriage. If state’s no longer have absolute jurisdiction over marriage, a liberal government can interfere with a conservative state’s policies.”

So, the Constitution, as we would hope, may already have embedded in its wisdom, equal rights for all people, including gay people who want to get married:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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White House Confirms Trump’s Shift That Pushes SAVE Act Further Right

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The White House has confirmed President Donald Trump is moving to push the controversial SAVE America Act further right — which could make it even easier for the left to reject.

Many were confused or critical when President Trump claimed on Thursday that the SAVE Act — a voter ID bill that critics say will disenfranchise millions of Americans — would reshape rules for sports participation and health care access for transgender people, which the current text of the bill does not actually do.

According to Trump’s Truth Social post, the bill requires voter ID and proof of citizenship to vote, and no mail-in ballots except for illness, disability, military, or travel. It also bans “men in women’s sports,” and “transgender mutilation surgery for children, without the express written approval of the parents.”

The president, after uproar from the right, dropped the parental approval portion and called to ban all transgender surgery for children.

White House Press Secretary Karoline Leavitt was asked on Friday about Trump’s additions to the legislation.

READ MORE: ‘Pure Amateur Hour’: Trump Slammed for ‘Absolutely Racing to Betray His Voters’

After declaring that he wants the SAVE Act passed “as soon as possible,” Leavitt acknowledged that Trump “has added on some priorities” to the bill in recent days, “namely no transgender transition surgeries for minors. We are not gonna tolerate the mutilation of young children in this country. No men in women’s sports. The president putting all of these priorities together, it speaks to how common sense they are.”

“These are all common sense priorities of this president that are backed by the vast majority of Americans and he wants Republicans to act on them as quickly as possible,” she claimed.

According to Democracy Docket, Leavitt’s comments “mark the first time the White House has publicly confirmed that Trump is pushing to attach anti-transgender policies to the SAVE America Act.”

Noting that even if the Senate were to pass the legislation with Trump’s latest priorities in it, the bill would have to head back to the House, Democracy Docket reported, “for another vote — a potentially difficult hurdle given the narrow margin by which it passed initially.”

But, even “without those additions, the bill faces long odds in the Senate, where most legislation requires 60 votes to pass and where Democrats have vowed to block it.”

Republican Majority Leader John Thune has said he opposes changing the Senate’s filibuster rules to help the bill’s passage.

READ MORE: ‘Dreaming of Gilead?’ WaPo Hit for Op-Ed Mourning Lack of Evangelicals in ‘Halls of Power’

 

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‘Pure Amateur Hour’: Trump Slammed for ‘Absolutely Racing to Betray His Voters’

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President Donald Trump and his administration are under fire for what critics say is a lack of planning for his war against Iran. The fallout is already being felt in the economy, from rising gas prices to sinking financial markets, and a myriad of other potential crises.

“I’ve seen a lot of Presidents fall short of their promises but I’ve never seen any President just doing the opposite of everything promised on purpose,” charged U.S. Senator Brian Schatz (D-HI). “Prices, Epstein, wars. Just absolutely racing to betray his voters.”

One hour later, he followed up, writing: “Did they think this through?”

The Atlantic’s Karim Sadjadpour earlier this week reported, “I have spoken with current and former U.S. officials privy to the decision making” on Iran, “who describe a total lack of planning and contradictory aims among those worried about the war effort and those more concerned about the war’s domestic political implications.”

Democratic National Committee (DNC) Chairman Ken Martin earlier in the week charged: “Trump and his incompetent administration had no plan to get Americans out of danger after their planned attack on Iran. Now, American citizens are stuck in an active war zone. This is a complete disaster.”

READ MORE: ‘Dreaming of Gilead?’ WaPo Hit for Op-Ed Mourning Lack of Evangelicals in ‘Halls of Power’

On Friday, the State Department said that 24,000 Americans had returned from the Middle East, but thousands more remain. The “vast majority” of those who returned “were able to make their way home on their own through commercial means,” the Associated Press reported.

The rapidly rising price of oil and gas, and access to them, appear to be among critics’ greatest concerns.

“Apparently no one in the White House thought starting a war in the Middle East might affect oil prices,” lamented U.S. Senator Ruben Gallego (D-AZ). “Now families are paying the price at the pump for pure amateur hour.”

Longtime journalist Jim Roberts delved even further.

“Listening to White House official Kevin Hassett this morning is making it crystal clear that the Trump administration had no plan for dealing with the disruption of energy supplies in the Mideast,” he wrote, adding: “And now the Pentagon is trying to figure out how to protect ships in the Strait of Hormuz.”

The Atlantic’s Derek Thompson warned, “By April, energy experts say, the Iran War could be a full blown energy crisis.”

Citing reporting from the Financial Times, macroeconomist Philip Pilkington wrote that the “Trump administration forgot to refill its Strategic Petroleum Reserve before launching Total War in the Middle East.”

Patrick De Haan, the widely cited head of Petroleum Analysis at Gas Buddy, referencing President Donald Trump’s remarks about the price of gas rising, warned: “it doesn’t appear the admin is yet aware there’s actually a problem, so that means there’s nothing yet to fix. I do hope this changes soon.”

READ MORE: ‘Flashing Red’: Jobs Report Sparks Expert Warnings of Recession — or Even Stagflation

 

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‘Dreaming of Gilead?’ WaPo Hit for Op-Ed Mourning Lack of Evangelicals in ‘Halls of Power’

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Washington Post readers are pushing back against the paper and an op-ed that laments what its author sees as a shortage of evangelical Christians in the “halls of power.”

“Evangelicals are 23 percent of U.S. adults and one of the most loyal Republican voting blocs, with 81 percent backing Donald Trump in 2024,” writes author Aaron M. Renn. “Yet despite six of the nine Supreme Court justices being appointed by Republican presidents, there are no evangelicals on the Supreme Court.”

The Supreme Court “is just one of the many elite institutions in which evangelicals are absent or underrepresented,” he continues. Declaring that evangelicals “have excelled in politics,” he points to U.S. Senator Josh Hawley (R-MO) and House Speaker Mike Johnson as examples.

Arguing that evangelicals “are also prominent in well-run and profitable businesses with relatively low cultural impact, such as food processing (Tyson Foods) and retail (Hobby Lobby),” he says that “they are all but absent from the leadership of prestigious universities, major foundations, Big Tech companies, leading financial firms and large media companies.”

READ MORE: ‘Flashing Red’: Jobs Report Sparks Expert Warnings of Recession — or Even Stagflation

“A stronger evangelical presence in elite institutions could strengthen them while addressing polarization and public mistrust,” he continues. “The lack of evangelicals in the halls of power contributes to anti-institutional public sentiment. It also deprives those institutions of an important pool of talent.”

Washington Post readers scorched the op-ed and the paper.

“The author remarked, more than once, of the lack of formal education among the vast numbers of evangelicals,” wrote one reader. “He then questions the lack of said evangelicals on corporate and college boards and in executive offices. Am I the only one seeing a connection here?”

“Is this not a request for a new DEI program to benefit evangelicals?” asked a reader.

“I am an evangelical Christian,” said a critic. “Please don’t hold up Mike Johnson or Josh Hawley as an example of what Christ calls us to be. Perhaps the reason for our absence in the halls of power is the fact that the majority chose to elect an amoral, corrupt narcissist to be president. We should be absent from that depth of depravity.”

READ MORE: Revealed: The Real Reason Kristi Noem Was Fired

One reader encouraged the author to “go see the musical Godspell and see just how far off the mark the American Evangelicals are.”

“Since when did adherence to fundamentalist religious beliefs become a litmus test for government or institutional leadership?” asked a reader. “Aren’t we currently bombing a country based on that system? This ‘newspaper’ is devolving into an internet forum.”

“So now MAGA wants DEI for Evangelicals,” said one reader. “This is fantastic stand-up comedy material.”

“In some cases, not all, the author is confusing evangelical with fundamentalist,” wrote one critic. “The author is also narrowing the meaning of evangelical by using a political frame, not a theological frame. Many evangelicals define themselves via strict adherence to Jesus’ Sermon on the Mount (or the Plain) … I wish the author had explored at least modestly the increasing breadth of what the designation ‘evangelical’ represents in Christianity, not on Capital Hill.”

“Do you expect to be trusted in fields of science when you deny evolution?” asked a reader.

“Evangelical Christianity is the antithesis of intellectual pursuit, science, and progress,” wrote a reader.

And one critic, appearing to refer to “The Handmaid’s Tale,” charged: “Dreaming of Gilead, are you?”

READ MORE: Trump’s Iran War Triggers Gas Price Shock — Especially in Red America

 

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