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

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A federal appeals court handed President Donald Trump a loss on Wednesday in his quest for the entire court to re-hear his appeal in the $83 million E. Jean Carroll civil defamation case.

CNN reports that the court’s decision now allows the president to petition the U.S. Supreme Court to hear his claims arguing presidential immunity. The high court established broad criminal immunity for all presidents in 2024 for official acts.

A panel of judges earlier had affirmed a jury verdict that Trump had defamed Carroll in 2022 when he “denied her allegations of sexual assault, said she wasn’t his type, and suggested she made up the allegations to sell copies of her new book,” according to CNN.

Separately, the following year, a jury found Trump liable for sexual abuse and defamation “over an alleged assault that occurred in the mid-1990s at a New York department store and for statements he made in 2019 denying it happened.”

Trump has argued that the U.S. Department of Justice should have been substituted for him as the defendant. Since the DOJ cannot be sued for defamation, the case would have been ended.

Courthouse News adds that the majority of judges on Wednesday “concluded the court had correctly held that presidential immunity is waivable and that had Trump indeed waived it in the Carroll case.”

“If any other litigant had failed to raise an affirmative defense in this way, there would be no question as to whether he waived his right to assert it,” U.S. Circuit Judge Denny Chin wrote.

Trump has denied all wrongdoing.

READ MORE: ‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

 

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GOP’s Midterm Fix for Voter Anxiety Is Tax Cuts — For the Wealthy: Report

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Republicans are reaching back into their old playbook to try to attract voters to support them in the midterms: tax cuts.

But their efforts are tied to lowering taxes on capital gains — such as stocks and homes — which could disproportionately favor wealthy Americans.

Bloomberg News reports that some Republicans want to tie capital gains taxes to inflation, which could reduce the tax burden.

“It would be the biggest step we could do to counteract the massive inflation under Joe Biden and the Democrats and have a positive impact on affordability, particularly affordability of housing, between now and the midterms,” Senator Ted Cruz (R-TX) told Bloomberg.

Cruz argued that the proposal would encourage homeowners to sell existing homes, which could free up the housing supply. He also said it would encourage Americans to sell stocks.

READ MORE: ‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

“Despite enthusiasm among key Republicans, the proposal faces challenges. For starters, another big tax and spending bill would require near unanimous support in the fractured GOP,” Bloomberg reported. “Republicans have discussed compiling a fresh tax-cut package this year to serve as a follow-up to Trump’s 2025 ‘One Big Beautiful Bill’ to demonstrate to voters that they are taking steps to address unease about the economy.”

Bloomberg reported that the “disproportionate benefit for the wealthy would hand Democrats another attack line heading into a midterms where the party has already painted Republicans’ recent sweeping budget law as a give-away to the rich.”

Brendan Duke, Senior Director for Federal Budget Policy at the Center on Budget and Policy Priorities, noted:  “Only 1% of the benefits would go to the bottom 80%–after raising taxes on them thru tariffs, cutting Medicaid & SNAP, and letting ACA enhancements expire.”

Critics slammed the GOP proposal.

“I can’t think of a better indictment of the Republican party and the con they’ve played on working class people than their go-to idea for addressing affordability is a capital gains tax cut,” wrote Neera Tanden, who served as the Director of the Domestic Policy Council under President Joe Biden.

“Not for nothing, but this is another broken trickle-down hack idea,” declared Lincoln Project co-founder Reed Galen.

READ MORE: King Charles Discreetly Rebukes Trump in Historic Address to Congress: Report

 

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‘Mockery of the Law’: Supreme Court Weakens Voting Rights Act in ‘Earthquake’ Ruling

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The majority-conservative Roberts Supreme Court on Wednesday further eroded the Voting Rights Act, tossing out Louisiana’s congressional district map after a group of non-African American voters sued, arguing the map constituted an unconstitutional racial gerrymander. Legal experts are warning the decision “will threaten Black and brown political representation for generations in Southern states.”

Justice Samuel Alito wrote the 6-3 ruling in the case, Louisiana v. Callais, with all six Republican-appointed justices in the majority and all three Democratic appointees dissenting. Justice Elena Kagan, writing for the dissenters, warned that the consequences would be “far-reaching and grave” and that Section 2 of the Voting Rights Act was now “all but a dead letter.”

USA Today reported that the “decision could ultimately reduce the number of Black and Hispanic members of Congress and boost Republicans’ chances of winning more seats in the U.S. House, where they have a thin majority.”

“It will now be easier for Republicans to draw maps that favor their party,” the paper observed, “particularly in the South where a voter’s race closely aligns with party preference.”

Critics and legal experts blasted the Court’s decision.

“Today’s VRA decision is intellectually dishonest and wrong,” wrote noted Democratic attorney Marc Elias. “The conservatives basically said: Black people can vote for their preferred candidates, as long as they prefer the right candidates — which will be Republicans. An [absolute] mockery of the law and stain on the court.”

READ MORE: King Charles Discreetly Rebukes Trump in Historic Address to Congress: Report

Elias also wrote that in its decision, the Supreme Court “kneecapped the Voting Rights Act (VRA), the landmark civil rights law that restricted racial gerrymandering and racial discrimination in voting for more than fifty years.”

The Democracy Docket social media account added: “Today’s decision will threaten Black and brown political representation for generations in Southern states.”

Democracy Docket, which was founded by Elias, also warned that today’s Supreme Court decision could usher in an additional 27 Republican-held seats in Congress and secure “GOP House control for at least a generation.”

Election law expert Rick Hasen slammed the Alito decision.

“It is hard to overstate what an earthquake this will be for American politics,” he wrote at his Election Law Blog. “Justice Alito knows exactly what he’s doing: make it seem like he’s not gutting the Voting Rights Act through technical language, turning both the statute and the Constitution on its head. It’s the product of his long mission: to favor the white Republicans he seems to think he represents on the Supreme Court, rather than all Americans.”

NAACP President Derrick Johnson wrote that the decision “is a devastating blow to what remains of the Voting Rights Act, and a license for corrupt politicians who want to rig the system by silencing entire communities.”

“The Supreme Court betrayed Black voters, they betrayed America, and they betrayed our democracy,” he added, calling it “a major setback for our nation” that “threatens to erode the hard-won victories we’ve fought, bled, and died for.”

READ MORE: Trump ‘Frustrated’ by Ballroom Legal Battles — So GOP Wants You to Pay for It: Report

 

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