Federal Court Finds DOMA Unconstitutional Again, Boehner Spent Your Tax Dollars To Defend It
Yet another federal court has ruled DOMA, the federal Defense of Marriage Act, is unconstitutional, and thanks to John Boehner, your tax dollars were spent defending it, this time in the Golinski v. Office of Personnel Management case.Â DOMA is the 1996 law that bans same-sex couples from receiving legal federal recognition of their union — and about 1100 benefits afforded automatically to heterosexual couples — and defines marriage as one man, one woman.
The judge in today’s decision wasÂ California District Court Judge Jeffery White, who was appointed by George W. Bush ten years ago. Ironic, isn’t it?
The Raw Story notes:
â€œThe argument that the definition of marriage should remain the same for the definitionâ€™s sake is a circular argument, not a rational justification,â€ Judge Jeffery White wrote in his decision. â€œSimply stating what has always been does not address the reasons for it. The mere fact that prior law, history, tradition, the dictionary and the Bible have defined a term does not give that definition a rational basis, it merely states what has been.â€
MetroWeekly explains today’s decision in full. Here is an excerpt:
Golinski, a federal court employee, brought suit after her request was denied. She is represented by Lambda Legal Defense and Education Fund. Because President Obama and the Department of Justice have stopped defending Section 3 of DOMA in court challenges, the Bipartisan Legal Advisory Group — led by House Republican leadership — had opposed Golinski’s request in court.
In conclusion, White finds and orders:
In this matter, the Court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse.
Accordingly, the Court issues a permanent injunction enjoining defendants, and those acting at their direction or on their behalf, from interfering with the enrollment of Ms. Golinski’s wife in her family health benefits plan.
A few important notes also.
First, this is now at least the sixth time anti-marriage equality laws have been found unconstitutional by the federal courts. (Possibly more — feel free to add to the list!)
Prop 8 was found unconstitutional by United States District CourtÂ Judge Vaughn Walker on August 4, 2010.
Prop 8 again was found unconstitutional by the Ninth Circuit Court of Appeals onÂ February 7, 2012.
DOMA was declared unconstitutional byÂ U.S. District Court Judge Joseph Tauro in two cases onÂ July 8, 2010.
DOMA was found unconstitutional byÂ the U.S. Bankruptcy Court for the Central District of California on June 13, 2011, and in an historic break with tradition, the decision was signed by 20 of the District’s 24 judges.
Today’s case was defended by John Boehner’s “Bipartisan Legal Advisory Group,” or BLAG — with a portion of the at least $500,000 to $1.5 million set aside by the House to “defend” DOMA, a law now decreed unconstitutional four times.
Your tax dollars, hard at work, brought to you by the GOP.
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Florida GOP Lawmaker Who Wrote ‘Don’t Say Gay’ Bill Facing Up to 35 Years After Pleading Guilty in COVID Fraud Case
Joe Harding, the now-former Florida Republican lawmaker who authored the extremist “Don’t Say Gay” bill could face up to 35 years in prison after pleading guilty Tuesday afternoon to federal felony fraud charges in a scheme to obtain $150,000 in COVID-19 relief funds, according to Florida Politics‘ publisher Peter Scorsch.
Harding, 35, was a construction project manager who started his own lawn care company. He quickly became a right-wing darling after his anti-LGBTQ legislation, officially the Parental Rights in Education Act, was embraced by Florida GOP Governor Ron DeSantis, who signed it into law.
Harding was charged in a December federal indictment with six counts of wire fraud, money laundering, and making false statements in his plot to obtain $150,000 in COVID funds.He resigned from the legislature the following day. He originally pled not guilty.
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After Harding was charged and resigned, Nadine Smith, the executive director of Equality Florida, responded via social media, saying: “So much harm to students, parents and teachers because of his raw political ambitions. He slandered entire communities and trafficked in lie after lie that has emboldened violent bigotry. He will have his day in court but his legacy is already a despicable one.”
Harding is not the only family member accused of criminal acts.
“Harding’s indictment follows a September guilty plea from his brother-in-law, Patrick Walsh,” Florida Politics reported in December. “As reported by Fresh Take Florida, Walsh pleaded guilty to wire fraud and money laundering charges connected to his receipt of nearly $8 million in disaster relief loans.”
Unrepentant to the harm many feel he has done to children and the LGBTQ community, in a statement Tuesday Harding said: “During the past legislative session I have felt the support of millions of Americans while fighting for our shared concerns and for the rights of parents. I will never forget the support I received from every corner of this great country.”
READ MORE: 18 Attorneys General Blast Florida’s “Don’t Say Gay” Law as Unconstitutional
Harding will be sentenced in July.
Florida’s Voice also reported Harding’s guilty plea Tuesday.
RIGHT WING EXTREMISM
‘Chilling’: Law Enforcement ‘Seriously’ Investigating Threats Ahead of Possible Trump Indictment Says Top WaPo Reporter
Ahead of a possible indictment of Donald Trump, law enforcement agencies are investigating “chilling” threats, including against Manhattan District Attorney Alvin Bragg, according to top Washington Post investigative reporter Carol Leonnig.
Leonnig was careful to say she is not aware of any of the threats being deemed credible, but also noted that “all sorts of law enforcement agencies” seem to be taking much more interest than some agencies did in the weeks before the January 6, 2021 insurrection.
“I have received copies and screenshots and internal documents and emails flagging concerns about specific protests, investigations into specific online threats that have been made that are not yet determined to be ‘credible and likely to occur’ but have been chilling nonetheless in terms of the threats that have been made about killing certain people,” Leonning, a Pulitzer-Prize winning author, said Tuesday on MSNBC’s “Deadline” White House.”
“Claims of, you know, ‘Alvin Bragg needs to needs to die,’ and claims online that could just be, you know, bravado, but are being seriously investigated and checked into this time around, ones that were not checked into as clearly at all in the weeks before January 6, despite significant warnings to the FBI about what these threats meant.”
Mirroring Leonnig’s reporting, Rolling Stone, citing law enforcement reports, on Tuesday noted: “Violent extremists are advocating lethal attacks and proclaiming their willingness to die for the cause.”
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“U.S. Capitol Police, the D.C. Fusion Center, and the Federal Highway Administration have all circulated warnings about the uptick in online threats over the past 48 hours. The bulletins and threat assessments detail some of the online threats and discussions about the use of specific tactics and methods for carrying out attacks — including online discussions about lethal attacks if Trump is arrested.”
On Saturday in an explosive series of social media posts Donald Trump urged his supporters to “protest” and “take our nation back.”
That “announcement was met with an immediate increase in violent online rhetoric and expressed threats toward government and law enforcement targets perceived as participating in a political persecution of the former president, as well as calls for ‘Civil War’ more generally.”
The DC Fusion Center, which analyzes threats, in a report stated it “assesses that potential criminal justice actions taken toward a former US president — or actions perceived to be taken toward the former president — remain a ‘line in the sand’ for [Domestic Violent Extremist] communities and thus have the potential to manifest in violence toward government targets or political officials,” Rolling Stone added.
Missouri Supreme Court Refuses to Disbar Lawyer Who Sexually Assaulted Six Women: Report
An 86-year old defense attorney will be allowed to keep his law license after the Missouri Supreme Court in a 4-3 ruling refused to disbar him despite having sexually assaulted six of his clients, all women.
Attorney Dan K. Purdy will be “indefinitely suspended from practicing law but allowed to apply for reinstatement after a year,” The Kansas City Star reports.
“In September 2020, Purdy made sexual advances toward four clients in a Vernon County jail interview room, including touching and kissing, that were confirmed by video provided by the Vernon County Sheriff’s Office,” The Star reports. “Each woman was later interviewed by officers and told them Purdy’s advances were unwanted.”
In addition to jail interview roos, Purdy’s sexual advances took place in court and in his car. All were locations where his clients might have felt uncomfortable to complain.
READ MORE: Trump Calls for Congress to Investigate NY AG After Judge Refuses to Delay $250 Million Fraud Trial Against Ex-President
“Purdy’s clients either did not know or did not realize they could repudiate his sexual advances,” Justice George W. Draper III wrote in the majority opinion.
There are seven justices on the Missouri Supreme Court, four appointed by Republican governors, three by Democratic governors. Four are men, three are women.
The ruling was not along party lines.
“In my view, neither the race, gender, ethnicity, nor age of an attorney should be taken into consideration to determine appropriate discipline,” wrote Justice Zel M. Fischer in his dissent. “In my view, Mr. Purdy’s conduct, which was clearly and explicitly depicted in the video evidence, warrants disbarment.”
“As recognized by the principal opinion, not only did Mr. Purdy sexually assault six female clients, he ‘exhibited a continued pattern or practice of improper and disturbing conduct, which continued, even after the present case was filed against him,'” Fischer noted. [Bolding in original text.]
Image of Missouri Supreme Court via Wikimedia
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