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Robicheaux et al. – The Little Equality Case That Could

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It seems that the fires of Equality are spreading, and like the new SHERMAN of the south, they are burning away the bigoted traditions of old, allowing, once again, FREEDOM to shine through.  It has been an exciting week for LGBT rights across the U.S. particularly in the two southern states of Virginia and Kentucky where in the last two days both states’ bans on marriage equality have been ruled unconstitutional. And if you turn your attention further south you will see more fires raging.

As you well know, we started the marriage equality fight seven months ago on July 16, 2013 filing in Federal Court a lawsuit Robicheaux et al. – challenging Louisiana’s constitutional ban on gay marriage. In my last piece I reported that On Jan. 27, Judge Feldman denied our motion for our two cases (one on appeal and one newly filed in federal court) to be unconsolidated with a notation at the bottom of the order reading, “Both cases are obviously related.”   To read more on the history of our case please refer to my last article.

After much consultation with our lawyer and other experts, we decided to drop the appeal (dealing with sovereign immunity, a lesser issue we can fight another time) in an effort to release the stay of the new case allowing it proceed forward.   On February 7th Judge Feldman granted our motion to add Robert Welles and his Partner Garth Beauregard, removing the brakes that he previously put on the case. Louisiana marriage equality was back in full force with just one case moving forward in federal court.

That was until February 12th.

Just this past Wednesday a local gay rights organization called the Forum for Equality, along with four couples, filed another federal lawsuit challenging Louisiana’s ban on same-sex marriage.  The local New Orleans based Forum and their plaintiffs are challenging the ban citing “equal protection and free speech in the U.S. Constitution”.

According to their website:

“The lawsuit charges that Louisiana’s refusal to recognize same-sex marriages violates the US constitutional guarantees of equal protection and due process. The lawsuit also asserts that state officials infringe the couples’ First Amendment rights by requiring them to claim that they are unmarried on state tax returns.”

“Louisiana’s disparate treatment of same-sex and opposite-sex couples who are married outside of Louisiana demonstrates that the purpose of the Louisiana Anti-Recognition Laws is to ‘impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages’ that were lawfully celebrated in other states,” according to the lawsuit, which frequently cites the US Supreme Court’s 2013 decision overturning a portion of the federal Defense of Marriage Act. (United States v. Windsor, 570 U.S. 12). You can read the complaint here.

Comparing and contrasting our own longstanding suit and what was filed by the forum,  they appear similar in that they both seek to have couples who wed out-of-state recognized here in Louisiana.  One difference that I have found, is that in our latest motion we have added Garth and Robert who were not wed out-of-state, but applied for an in-state marriage license, which was denied.  This addition takes our case one step further by asking not only, for out-of-state marriages to be recognized, but also to allow for same-sex couples to be legally wed here in Louisiana, mirroring most other cases that are currently filed across the United States.

What does this mean in the long run for the two cases? We are not entirely sure.  At my best guess, given Feldman’s history of consolidating our appeal with our current case because of the “obvious relation” of subject matter, I would guess he may very well do the same with the two current cases at hand.   As for us and “our little equality case that could”, we are back on track, adding much-needed wind to this equality fire that is sweeping through the south.  Just this week in our case, one of the defendants, Secretary of Revenue Tim Barfield, has already waived service and now has 60 days to answer, giving him until April 14 to do so.

This track has been a long one and we have been derailed at times, but we will keep pushing forward and fighting for what is TRUE and JUST!

We welcome the Forum and their plaintiffs to our ongoing battle for marriage equality here in Louisiana, as this matter is of the utmost importance to all LGBT families across the state.

As these matters develop you can count that I will keep you up to date on the progress of our case.   You can also follow our case by visiting our website or going to our Facebook page.  Our amended complaint can be found here.

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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.

 

 

Photos used with permission

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Marjorie Taylor Greene Says She’s ‘Done Supporting’ The GOP: ‘Party Betrays Its Voters’

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Former Republican Rep. Marjorie Taylor Greene said on Monday that she is “done supporting” her former party—but don’t expect her to join the Democratic party anytime soon.

Greene announced her disillusionment with the GOP on Monday afternoon in a tweet.

“Tucker is not the only one who is done supporting the Republican Party. There is A LOT of us that are absolutely fed up and will not support a party that betrays its voters and country. That does not mean we are turning into Democrats either. But we are DONE with the America LAST Republican Party,” Greene wrote.

She referred to comments made last week by pundit Tucker Carlson. Carlson appeared on the Can’t Be Censored podcast Thursday, saying he would refrain from supporting either major party, and admitted “I’m not sure what I’m going to do.”

READ MORE: ‘Gaslight America’: Marjorie Taylor Greene Blasts Trump Ahead of His Trip to Georgia

“How could I or any American voter support a political party that’s not loyal to the United States. That puts the interests of a foreign country above those of its own citizens. It’s not possible to vote for people like that, and I’m not going to,” Carlson said, according to Mediaite, referring to America’s long-time ally Israel.

Greene famously broke with President Donald Trump earlier this year when she called for the release of the FBI files relating to disgraced financier and sex criminal Jeffrey Epstein. A former staunch ally of Trump, the two started trading barbs. Greene resigned from the House this January. Greene has long called for an isolationist foreign policy, criticizing America’s involvement in Ukraine as well as the current conflict with Iran.

Given that Greene said she has no plans on moving leftward in her politics, it’s unclear if she will refrain from voting or if she’ll throw her lot in with a third party. While American politics are primarily driven by the two major parties, a number of smaller parties also exist.

Greene may find a home in the Libertarian party, the third-largest party by voter registration. The Libertarian party has drifted rightward since its founding in 1971. While initially economically conservative but politically liberal, after 2022, the paleolibertarian Mises Caucus gained control of the party. Paleolibertarianism was developed by anarcho-capitalists, and embraces cultural conservatism. Some of the most widely known paleolibertarians include former Representative Ron Paul and the current president of Argentina, Javier Milei.

Third parties struggle to gain traction in the United States. The closest a third party has come to widespread support was the Reform Party, founded by H. Ross Perot during the 1996 presidential election after he won 18.9% of the popular vote in the 1992 presidential election as an independent candidate. Reform won 8.4% of the popular vote in the 1996 election, but no third-party or independent candidate has been as successful as Perot since.

However, the electoral college makes it difficult for a third-party presidential candidate to be elected at all. Third-party presidential candidates are often seen as spoilers for the major candidates. Perot is often believed to have won votes away from President George H.W. Bush in 1992, giving the election to President Bill Clinton. In 2000, Green Party candidate Ralph Nader was similarly accused of acting as a spoiler for Vice President Al Gore, leading to the election of President George W. Bush.

Third parties, however, have a better track record in down-ballot races. For example, Kshama Sawant won election to the Seattle City Council in 2014 as a member of the Socialist Alternative party. She held office until 2024, when she declined to seek reelection. She is currently running for a seat in the House of Representatives as an independent.

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Donald Trump Says Iran ‘Will Agree to Major Weapons Inspections’ to Ensure ‘Nuclear Honesty’

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President Donald Trump announced on Monday that Iran “will agree” to allow weapon inspectors into the country in a slightly confusing social media post.

“Everybody is fully aware that Iran will agree to have Major Weapons Inspections in order to ensure ‘Nuclear Honesty’ long into the future,” the president wrote on his social media platform Truth Social.

Vice President JD Vance has been handling the negotiations with Iran to end the military conflict started by the United States and Israel at the end of February. Vance said earlier today that inspectors from the International Atomic Energy Agency would be allowed to enter Iran. The inspectors could be in the country as soon as Monday, according to the Washington Post.

READ MORE: Large Majority of Americans Say Iran Conflict Should End, Hasn’t Met Any of Trump’s Goals

Trump’s wording, however, is somewhat hard to parse. When he says “everyone is fully aware,” is Trump referring to Vance’s Monday announcement that had been widely reported? Or is Trump attempting to cast doubt, suggesting Iran may somehow be pulling a fast one, allowing inspections to provide cover for a weapons program?

Either way, the allowing of weapons inspectors into Iran is similar to what former President Barack Obama’s administration negotiated for in 2015. The Obama-era deal called for IAEA inspectors to make sure Iran was complying with the deal, and was not developing nuclear weapons. But in 2018, after Trump ended the agreement, Iran started to block IAEA inspectors from parts of their nuclear program. Since then, IAEA inspectors do not know the status of Iran’s enriched uranium, according to the Washington Post.

One year ago from Monday, the U.S. struck Iranian sites believed to hold stockpiles of enriched uranium. Since then, Trump has claimed that the strike “completely and totally obliterated” the country’s nuclear enrichment facilities, however, this has never been verified. Even at the time, the Pentagon said that Iran’s nuclear program had only been “degraded…by two years.” Trump’s national intelligence director testified prior to the strike that there was no evidence that Iran’s existing nuclear program was meant to build weapons, according to the Military Times.

Iran has long promised not to build or obtain nuclear weapons. In 1970, Iran signed the Nuclear Non-Proliferation Treaty which deemed the country a non-nuclear state.

While Trump has warned that Iran could have a nuclear bomb “within six months,” the first report from the International Atomic Energy Agency since the Iran conflict started says that there has been no major change to the country’s nuclear program, according to Reuters.

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Federal Judge Quashes ‘Retaliatory’ Subpoenas Against Minnesota Gov. Tim Walz

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Six grand jury subpoenas were quashed by a federal judge Wednesday, when it was decided that the subpoenas were filed to retaliate against Democratic Minnesota Gov. Tim Walz’s administration and the city governments of Minneapolis and St. Paul.

Chief Judge Patrick J. Schiltz of the District of Minnesota made his ruling public on Monday, granting the motion requested by the Minnesota officials to quash grand jury subpoenas related to Minnesota declaring itself to be a “sanctuary” state.

Last December, the Department of Homeland Security deployed over 3,000 agents to Minnesota as part of the largest immigration-related operation in the department’s history, Operation Metro Surge. After the killings of Renee Good and Alex Pretti by DHS agents, the state of Minnesota as well as the twin cities challenged Operation Metro Surge in court, prompting President Donald Trump to rail against the local officials on social media.

READ MORE: Trump Dangles Another Insurrection Act Threat for Minnesota

Days after Minnesota, Minneapolis and St. Paul filed suit, news reports revealed that the Department of Justice had begun to investigate Walz and Minnesota Mayor Jacob Frey. Trump administration officials said that by not supporting the actions of DHS, Walz and Frey were breaking the law.

The Minnesotan officials argued that the subpoenas were “issued as part of an unconstitutional effort to coerce” them into working with DHS and ICE.

Judge Schiltz found that though grand juries traditionally “have broad investigatory powers,” the subpoenas had exceeded those powers. Schiltz agreed that the subpoenas were in violation of the Tenth Amendment, allowing states some degree of autonomy from the federal government.

Schiltz wrote that he had “no doubt” the subpoenas were issued for the “forbidden purposes” of attempting to “harass” or “coerce” Walz and Frey “into taking official action…. a blatantly unlawful and unethical use the grand-jury process.”

“On the one hand, the evidence that the challenged subpoenas were issued for unlawful reasons is overwhelming. On the other hand, the Department has struggled-without success-to identify a single plausible investigatory justification for the subpoenas,” Schiltz wrote, pointing out that the “public record… is replete with direct evidence of the Trump administration—including the highest-ranking officials of the Department—threatening and attempting to punish states and localities that have adopted ‘sanctuary’ policies.”

“To be clear, the Court agrees with the Department that a grand-jury subpoena need not be supported by probable cause. At the same time, a grand-jury subpoena cannot be issued for an improper purpose. The fact that connections between the information sought in the subpoenas and any possible criminal violation range from extremely weak to nonexistent only adds to the overwhelming evidence that these subpoenas were not issued to investigate, but to harass, coerce, and retaliate,” Schiltz added.

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