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Forward Progress In Louisiana Same-Sex Marriage Case

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For those who have been following my columns about Robicheaux et al, our federal marriage lawsuit here in Louisiana, you well know the ups and downs that have been going on with our case. You’ve gotten to know us intimately through our personal stories and a look inside our lives.  You’ve shared the joys and the disappointments that we have faced. Many of you have offered your financial support and given words of inspiration and hope.

After a long and stale month in the case, I am happy bring the good news of progress!

As of March 18 Judge Martin Feldman consolidated The Forum for Equality case with our case under the original Robicheaux et al. v. Caldwell case number. The only issues to be presented are those in common by the two sets of plaintiffs: Equal Protection and Due Process for recognizing out-of-state same-sex marriages. The issues not in common — 1st Amendment issues the Forum presented, the right to be married in Louisiana, and Full Faith and Credit — will come under a separate scheduling order at a later time. Both sets of plaintiffs must present our motions for summary judgment and our supporting memo jointly within the 25-page limit – no exceptions. The schedule is as follows:

April 17th – Cross Motions for Summary Judgment Due
May 12th – Amicus Briefs Due
May 19th – Cross Responses to the Motions  Due
June 2nd – Reply Deadline
June 25th The Court will hear Oral Arguments

In short, the matters have been consolidated; the Robicheaux et al. plaintiffs and the Forum Plaintiffs have the law offices of Scott Spivey, Esq., and Stone, Pigman, Walther, Wittmann, LLC, preparing the joint pleadings. We are happy to be working with the Forum, its plaintiffs, and its legal counsel to secure the rights we and other LGBT couples deserve here in Louisiana. This means that the matter remains fast-tracked for Judge Feldman to hear oral arguments on June 25th and rule on the issue of whether the federal courts have a right to tell Louisiana to redefine marriage under necessary circumstances, as they did in Loving v. Virginia in 1967

Louisiana will be required to show that their disparate treatment is rationally related to a legitimate state interest. However, the argument — by mandate of Judge Feldman — will not address marriage in Louisiana at this time. It will only be the recognition of same-sex couples who are married outside of Louisiana. Regardless of Judge Feldman’s ruling, we expect both sides to appeal ,putting us on track to the appeals court of the Fifth Circuit, possibly alongside the Texas case. We should anticipate a ruling by July and the matter before the 5th Circuit by August.  You can read Judge Feldman’s order here.

If anyone or any organizations would like to file Amicus Briefs, please do not hesitate to contact us; Judge Feldman has welcomed all Amicus Briefs.

To follow our case you can like us on Facebook or continue to visit our website.

Thanks again for everyone’s support, we will keep you updated as the case moves forward!

 

derek penton Derek Penton, 35, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.  After more than five years together, Penton and his husband, Jonathan Robicheaux, were legally married in Iowa on Sept. 23, 2012.

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OPINION

MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

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May 1, 2024

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Visitors to Oklahoma’s State Schools Superintendent’s personal social media page will notice a post vowing to “ban Critical Race Theory, protect women’s sports, and fight for school choice,” a post linking to a Politico profile of him that reads, “Meet the state GOP official at the forefront of injecting religion into public schools,” a photo of him closely embracing a co-founder of the anti-government extremist group Moms for Liberty, and a video in which he declares, “Oklahoma is MAGA country.”

This is Ryan Walters, a far-right Republican Christian nationalist who is making a national name for himself.

“God has a place in public schools,” is how Politico described Walters’ focus.

Last week the Southern Poverty Law Center published an extensive profile of Walters, alleging “hateful rhetoric toward the LGBTQ+ community, calls to whitewash curriculum, efforts to ban books, and attempts to force Christian nationalist ideology into public school classrooms.”

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“Walters is superintendent of public instruction, and public schools are supposed to serve students of all faiths, backgrounds and identities,” Sarah Kate Ellis, president and CEO of GLAAD, told SPLC.

Walters is supporting new legislation in Oklahoma that follows in Texas’ footsteps: allowing untrained, unlicensed, uncertified, and unregulated religious chaplains and ministers to be hired as official school counselors.

“We heard a lot of talk about a lot of those support staffs, people such as counselors, having shortages,” Rep. Kevin West, a Republican, said, KFOR reports. “I felt like this would be a good way to open that door to possibly get some help.”

Walters praised West, writing: “Allowing schools to have volunteer religious chaplains is a big help in giving students the support they need to be successful. Thank you to @KevinWestOKRep for being the House author for this bill. This passed the House yesterday and moves on to the Senate where @NathanDahm is leading the charge for this bill.”

As several Oklahoma news outlets report, there’s a wrinkle lawmakers may not have anticipated.

“With the Oklahoma House’s passage of Senate Bill 36, which permits the participation of uncertified chaplains in public schools, The Satanic Temple (TST) has announced its plans to have its Ministers in public schools in the Sooner State. If the bill advances through the Senate, this legislation will take effect on November 1, 2024. State Superintendent Ryan Walters, a vocal advocate for religious freedom in schools, has endorsed the legislation. The House approved SB 36 by a 54-37 vote on Wednesday,” a press release from The Satanic Temple reads. “The Satanic Temple, a federally recognized religious organization, has expressed its dedication to religious pluralism and community service.”

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Walters responded on social media to The Satanic Temple’s announcement.

“Satanists are not welcome in Oklahoma schools, but they are welcome to go to hell,” he wrote.

Former Lincoln Project executive director Fred Wellman served up an equally colorful response.

“Hahahaha!!! You are an idiot,” Wellman wrote. “How did you not see this coming? Satanists, Muslims, Jews, Buddhists, Pastafarians…come one come all! After all you’re not trying to establish Christianity as the state religion are you? We had a whole ass revolution about that. There are history books about it…oh…right. Not your thing. What a fool.”

The Freedom From Religion Foundation (FFRF) served up a warning.

“The state of Oklahoma cannot discriminate against people or groups based on their religious beliefs,” the non-profit group wrote. “Walters’ hateful message shows, one again, that he only believes in religious freedom for Christians and that he is unfit to serve in public office.”

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Potential Trump VP Pick Says ‘If You’re a Billionaire’ You Should Vote for Trump

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May 1, 2024

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One of the possible picks to be Donald Trump’s vice presidential running mate, seen as “rapidly ascending” the list, is urging billionaires to vote for the ex-president.

North Dakota Republican Governor Doug Burgum “is quickly moving up former President Trump’s list of possible vice presidential picks because Trump’s team believes he would be a safe choice who could attract moderate voters,” Axios reported on Sunday. “Burgum is on a long list of VP contenders, but Trump’s rising interest in the North Dakota governor has been clear in recent weeks — and reveals his latest thinking about how he thinks his running mate could help him with undecided voters.”

Praising Governor Burgum, the National Review’s Michael Brendan Dougherty on Monday wrote he was “the only candidate in 2024 to easily exceed expectations in the debates.”

“He is a well-liked governor from a small state. He projects seriousness and sobriety, two qualities Pence also had that were important to balance the 2016 Republican ticket. Burgum is also good at championing Republican policy, including our desperately needed policies of energy abundance and supply-side reform. He is also the right age — 67 — with no signs of slowing down. Burgum needs to survive the millions poured into opposition research, but, if he does, I think he would bring credit and balance to the Republican ticket.”

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On Tuesday, Gov. Burgum, appearing on Fox News, told Laura Ingraham, “when you see someone who cares this deeply about this country, what he’s going through and what the Democrats and the liberal media is putting him through, and how he gets up and fights for every day people in America every day, and then his policies are all in the right direction.”

“If you’re a billionaire and you care about your shareholders, you care about your family and your grandkids, you should be voting for someone that’s going to bring prosperity to America and peace to the world, that’s what President Trump is going to do, that’s what he did for us when he was president,” Burgum claimed.

The Hill adds, “Ingraham suggested a lot of billionaires are still planning to support President Biden, especially those that are the ‘Wall Street types.’”

Last year, asked if he would ever do business with Trump, Bergum told NBC News, “I don’t think so,” and added, “I just think that it’s important that you’re judged by the company you keep.”

Some reports call Bergum a billionaire, while Forbes last year reported it “estimates Burgum’s net worth to be at least $100 million.”

Watch the video below or at this link.

READ MORE: Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

 

 

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‘Next Week, Absolutely’: Marjorie Taylor Greene Says She Will Move to Oust Speaker Johnson

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May 1, 2024

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U.S. Rep. Marjorie Taylor Greene (R-GA), standing in front of posters showing Republican Speaker of the House Mike Johnson casually embracing Democratic Minority Leader Hakeem Jeffries, and behind a podium with a sign calling Johnson the “Uniparty Leader,” announced she will call up her “motion to vacate,” to try to oust Johnson “next week, absolutely.” She made her announcement despite public and private remarks and signals from top Republicans opposing the move, and despite it having little to no chance of passing.

Speaking Wednesday morning at a press event, Greene lashed out at the Republican House Speaker and Democratic Minority Leader after  Jeffries announced Democrats will vote to keep Johnson as Speaker.

“Now we have Hakeem Jeffries and the Democrats coming out, embracing Mike Johnson with a warm hug and a big wet sloppy kiss.”

She later claimed taxes will go up if Democrats take the House in the November election because Johnson and Jeffries are “holding hands together.”

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Backing herself into a corner, the far-right Georgia MAGA Republican has positioned herself as the outraged opposition to her own party, with a small following – just two other House Republicans have announced they will support her move to oust Johnson.

Early into her remarks Greene said she had the right to try to oust Johnson because “I elected him,” also adding that she had voted for Johnson for Speaker.

Greene then unleashed a lengthy list of grievances against Johnson.

“Americans all together gave Republicans the House they gave us the House in 2022,” she said, according to a rush transcript. “You want to know why? Because they were fed up with the Democratic agenda that is destroying this country, wide open borders. An economy that’s crashing, freedoms being stolen, COVID shutdowns, all the horrors that happened when Joe Biden took the White House and Democrats took full control.”

The COVID shutdowns happened during Donald Trump’s presidency and were ordered by governors of both parties.

“He passed three continuing resolutions, and then he finally passed a two part omnibus that fully funded Joe Biden’s agenda and the Democrat agenda, funding the Department of Justice,” she said, adding that funding DOJ is effectively putting “President Trump in jail for the rest of his life, which is a death sentence.”

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“Mike Johnson fully funded the FBI which raided Mar-a-Lago and gave them a brand new building as a gift. Pro-life Mike Johnson funded full term abortion clinics, funded the trans agenda on children that 70% of Americans are completely against on both sides of the aisle. And he fully funded Joe Biden’s open border policies, the number one issue in America.”

“Mike Johnson fully joined the disgusting business model of Washington, D.C. to fund forever wars. Yeah, that’s what this is. The uniparty is Make Ukraine Great Again. The uniparty is all about funding every single foreign war. They think this is the business model that needs to be done.”

She went on to angrily complain about funding “the murder and killing in foreign countries.”

“Our economy should not be built on the blood of wars in foreign countries. That’s not what our economy should be built on. That’s not how you grow jobs in America. That is that is horrific. It is evil it needs needs to end but that’s what the uniparty does. And that’s what they continue. Mike Johnson fully embraced it. And he funded $61 billion to Ukraine, funded war in Israel, while he funded Hamas and Gaza. How do you support Israel when you’re funding Hamas? And give more money away while our border stays open? And today 300 Americans will die from fentanyl tomorrow 300 Americans will die from fentanyl and the next day 300 more Americans will die from fentanyl poisoning because there’s a war on America. Led by the cartels in Mexico and nobody in Washington, D.C. gives a damn and has enough courage to face it.”

Watch clips of Greene above and below or at this link.

 

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