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Breaking: Utah Quietly Seeking ‘Emergency Relief’ To Halt Existing LGBT Adoptions

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Salt Lake City – While the eyes of Utah (and much of the nation) are on the 10th Circuit Court, which will hear oral arguments tomorrow on whether to uphold a lower court’s decision to strike the state’s ban on same-sex marriage, Utah Republican Attorney General Sean Reyes has quietly filed a Petition For Emergency Extraordinary Relief with the Utah Supreme Court to allow the state to halt adoptions by LGBT parents already in motion.

After district court judge Robert Shelby struck down Amendment 3, the 2004 Utah law which banned same-sex marriage and civil unions, dozens of newly-wed couples immediately began filing for adoption. Some couples sought to adopt new children, while others filed to adopt the biological children of their spouses they are already raising (Utah law currently prohibits 2nd parent adoption by anyone not married to their partner).

The suit, filed by the Attorney General on behalf of the Utah Department of Health and the Office of Vital Records and Statistics, is seeking to overturn the rulings of multiple judges in Utah who signed the orders allowing the adoption proceedings to begin prior to the United States Supreme Court granting a stay on Judge Shelby’s ruling.

The Emergency Petition gives the adoptive parents only three days to respond, an extraordinarily limited amount of time for these parents to find an attorney, prepare their arguments/briefs, and file with the court. Not to mention the nightmare of court and legal costs that can pile up on these parents who just finished paying adoption costs.

Utah’s filing with the court adds insult to injury for the parents, claiming that if the Utah Supreme Court does not overturn the adoptions, they themselves will be harmed “as they may wrongly rely upon an illegally-issued birth certificate for other benefits or protections not provided by Utah law.” Utah goes on to ask that the adoptions remain on permanent hold until the State’s appeal of Judge Shelby’s ruling is concluded. Assuming the 10th Circuit Court follows the precedent of multiple other judicial bodies around the country, and upholds the ruling in favor of marriage equality, that means the hold on the adoptions would remain in effect as Utah inevitably appeals all the way to SCOTUS.

Equality Utah shared this story of one of the couples on their Facebook page:

Kimberly and Amber Leary started a family together in November of 2012. In an attempt to provide a safe, stable, nurturing family life for their daughter, as well as a legal framework under the law, Kimberly Leary began adoption proceedings so her daughter would not be a legal stranger to her under Utah law. Kimberly and Amber were legally married in Utah during the 16-day window last year. A judge approved their adoption and today the couple went to the Office of Vital Records and presented the judge’s order to receive a new birth certificate for the baby. Utah Attorney General Sean Reyes, deliberately instructed the director at the Office of Vital Records to disobey the judge’s order and withhold the birth certificate from Kimberly and Amber Leary, in effect, halting their adoption of their daughter.

Kimberly Leary “We are only asking for the state to comply with the court’s order to issue an amended birth certificate in our adoption case. To us, this is about creating a safe, and stable home for our daughter and making sure she has the kind of loving, nurturing environment that will allow her to thrive and succeed.”

Brandie Balken of Equality Utah, “This is unheard of and very disappointing. The state is asking the Utah Supreme Court to tell them they don’t have to follow the orders of judges who have granted adoptions. Enabling all children to become a part of permanent, lifelong families should be a defining goal of our state.”

Meanwhile, Utah’s case against marriage equality tomorrow will rely almost exclusively on the thoroughly debunked study by Mark Regnerus, as they argue that same-sex couples shouldn’t be allowed to get married because children need to be protected from them.

See the full filing below (courtesy of openly-gay Utah State Senator Jim Dabakis).

Utah Attorney General’s Petition for Emergency Extraordinary Relief to the US Supreme Court by James Dabakis

//www.scribd.com/embeds/217294339/content?start_page=1&view_mode=scroll&access_key=key-yz4tdjghnf4pzvenvdo&show_recommendations=true

Image via Facebook

Follow Author Eric Ethington on Twitter @EricEthington

Eric EthingtonEric Ethington has been specializing in political messaging, communications strategy, and public relations for more than a decade. Originally hailing from Salt Lake City, he now works in Boston for a social justice think tank. Eric’s writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Telegraph, and The Public Eye magazine. He’s worked as a radio host, pundit, blogger, activist and electoral campaign strategist. He also writes at NuanceStillMatters.com

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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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