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Utah Same-Sex Couples In Fight To Keep Marriage Legal, File Supreme Court Brief

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Attorneys for same-sex couples who won the right to marry last month have met a deadline imposed by Supreme Court Justice Sonia Sotomayor in a case brought by the state of Utah which is trying to ban more marriages. A federal judge declared Utah’s ban on same-sex marriage unconstitutional, and the state has asked the Supreme Court to stay the ruling, placing a hold on marriage equality.

The case, Kitchen v. Herbert, has opened the doors for thousands of Utah same-sex couples to marry.

In their 61-page filing (below), attorneys for the same-sex couples note the state of Utah has not met the minimal burden that would warrant a stay.

The couples cite the Supreme Court’s DOMA case, and other reasons, including:

“Granting a stay would cause undisputed, irreparable harm to same-sex couples and their children,” and, the state of Utah “cannot show irreparable harm based on potential questions regarding the validity of same-sex couples’ marriages.”

Perhaps most interesting, however, is this portion of the filing:

Applicants cannot show that this Court is likely to reverse the District Court’s ruling by citing to a hodgepodge of articles that purportedly show that same-sex parents are inferior to opposite-sex parents. In addition to being false, Applicants’ argument does not resolve the constitutional issues presented by this case. As the District Court carefully demonstrated, and as numerous other federal and state courts across the country have also found, there simply is no rational connection between barring same-sex couples from marriage and the promotion of “responsible procreation” or “optimal parenting” by opposite-sex couples. To the extent the benefits and protections of marriage encourage opposite-sex couples to marry before having children, those incentives existed long before Utah’s discriminatory laws were enacted, and they would continue to exist if those laws were struck down.

And a related footnote offers this satisfying statement:

Utah’s “arguments about optimal childrearing…are not relevant to whether the District Court decision will be upheld on appeal, as the District Court observed. … However, Applicants’ statement that “[a]mong the wealth of social science analysis supporting the traditional definition of marriage, a substantial body of research confirms that children generally fare best when reared by their two biological parents in a loving, low-conflict marriage,” … is not true.” [emphasis ours]

“The scientific consensus of every national health care organization charged with the welfare of children and adolescents – including the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American Psychiatric Association, the American Psychological Association, the American Psychoanalytic Association, the American Sociological Association, the National Association of Social Workers, the American Medical Association, and the Child Welfare League of America – based on a significant and well-respected body of current research, is that children and adolescents raised by same-sex parents, with all things being equal, are as well-adjusted as children raised by opposite-sex parents.”

Touché!

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13A687 #3 Plaintiffs’ Opposition to Stay by Equality Case Files

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Hat tip: Equality on Trial

Image of Seth Anderson and Michael Ferguson, one of the first same-sex couples to marry in Utah (not associated with Kitchen v. Herbert) , by Seth Anderson via Twitter

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News

Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

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April 19, 2024

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The Fox News host who targeted a juror serving on Donald Trump’s criminal New York trial is now suggesting the ex-president should violate his gag order and “force” the court to throw him in jail, by quoting the Fox News host.

Jesse Watters came under fire earlier this week for profiling juror number two, sharing possibly identifying information published by a myriad of reporters but then using that information to pass judgment on her ability to serve.

“I’m not so sure about juror number two,” Watters concluded on Fox News.

Jurors, at the judge’s direction, were to remain anonymous, for their protection and the protection of the trial.

The judge excused her, after she said she felt she was not able to be impartial because friends and family were calling her asking if she had been chosen to serve on the Trump trial, after the media blitz.

New York Supreme Court Judge Juan Merchan admonished the press for reporting the information, but some news outlets appeared to ignore his warning.

Watters on Wednesday “did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were ‘stealth liberals’ who would be out to convict Trump,” the Associated Press reported.

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

Trump later posted Watters’ quote on his Truth Social platform, leading some, including New York prosecutors, to ask the judge to cite him for allegedly breaking his gag order.

Judge Merchan ordered Trump to not mention witnesses, jurors, prosecutors, court staff, or the family members of prosecutors and court staff, CNN has reported.

New York prosecutors told Juge Merchan Trump has violated the gag order at least ten times.

“Prosecutor Christopher Conroy described the ‘most disturbing’ example as a social media message Trump posted on Wednesday evening quoting a Fox News host as saying, ‘They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury,'” Politico reports.

That host was Jesse Watters.

RELATED: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

Friday afternoon, Watters appeared to egg Trump on, urging the ex-president to violate the gag order.

“I would make them put me in jail,” Watters said on Fox News. “I would have a tweet about something perhaps I said on ‘The Five’ or ‘Jesse Watters Primetime,’ and I would force them to throw me in jail.”

Watch Watters’ remark below or at this link.

 

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News

Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

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12 hours ago

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April 19, 2024

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U.S. Rep. Matt Gaetz (R-FL) says some of his fellow House Republicans would “take a bribe” to throw the razor-thin GOP majority to the Democrats if a far-right faction calls up a motion to oust Speaker of the House Mike Johnson, allowing Democrats to hand the gavel to the Minority Leader, Hakeem Jeffries. he warned if that happens, Democrats would immediately declare Trump ineligible to be President, pack the U.S. Supreme Court, and pass numerous laws like the American Rescue Plan.

“I do believe in a one seat majority there could be one or two or three of my colleagues who would take a bribe in one form or another in order to deprive the Republicans of a majority at all,” Gaetz said Friday on his podcast (video below.)

He added, “the risk that one or two of my corrupt Republican colleagues might take a bribe, take a walk, feign an ailment and flip this thing to the Democrats is a risk that is too high for me at this time.”

Gaetz’s fellow far-right Florida Republican member of Congress, Anna Paulina Luna, told listeners, “I heard that when, if and when the motion vacate is introduced, that there will be immediate resignations of a couple of more moderate members of Congress. And in the event that that happens, that ultimately means it does go to a Democrat speaker.”

RELATED: Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

U.S. Rep. Marjorie Taylor Greene (R-GA) last month filed a “motion to vacate,” which she can use at any time to force a vote to oust the GOP Speaker, Mike Johnson. U.S. Rep. Tim Massie (R-KY) and just today, U.S. Rep. Paul Gosar (R-AZ) has signed on as co-sponsors.

Congressman Gaetz told listeners if Democrats do take the House through a force vote to remove Johnson, Democrats would “be declaring Donald Trump an insurrectionist and setting up a barrier to him being able to become the president United States.”

“That’ll be their leadoff hitter, and then the chaser to that shot will be a massive spending package that looks a lot more like the American Rescue Plan. They will blow past every concept of every cap ever imagined. You’ll be looking at Universal Basic Income, you could be looking at packing the Supreme Court.”

Watch a short clip of Gaetz’s remarks below or at this link.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

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Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

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15 hours ago

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April 19, 2024

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Democratic House Minority Leader Hakeem Jeffries vowed Friday the majority of Democrats will support Republicans’ Ukraine, Israel, Taiwan, and Gaza foreign aid legislation as Republican Speaker Mike Johnson lost support of another member of his conference to a faction determined to oust him.

“Democrats will provide a majority of our majority as it relates to funding Israel, humanitarian assistance, Ukraine, and our allies in the Indo Pacific,” Minority Leader Jeffries said. “It remains to be seen what Republicans will do in terms of meeting the national security needs of the American people, but it was important for House Democrats to ensure that the national security bills are going to be considered.”

Despite Republicans having a one-vote majority, more Democrats on Friday voted to move the critical and long-awaited foreign aid bills forward than did Republicans.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

The 316-94 vote included 165 Democrats and 151 Republicans voting yes, and 55 Republicans and 39 Democrats voting no.

Axios’ Juliegrace Brufke posted the list of Republicans voting against their party’s legislation.

Calling it a “rare” moment in modern congressional history to have to rely on opposition party votes to pass legislation, BBC News reports Speaker Johnson’s “hold on power is tenuous, and the legislators who oppose him – and his bid to provide aid to Ukraine – occupy some key positions within the House’s power structure.”

Amid the procedural vote to move the foreign aid funding bills forward, U.S. Rep. Paul Gosar, a far-right Republican of Arizona, announced he is joining Congresswoman Marjorie Taylor Greene (R-GA), and Congressman Tim Massie (R-KY) in formally announcing their will vote to oust Speaker Johnson.

Gosar, like Greene, is reportedly a Christian nationalist. In 2022 CNN reported his “lengthy ties to White nationalists, [a] pro-Nazi blogger and far-right fringe received little pushback for years.”

RELATED: ‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

“We’ve been very honest in our assessment of the situation from the beginning,” Jeffries on Friday also declared. “At the appropriate time as House Democrats, we will have a conversation about how to deal with any hypothetical motion to vacate.”

“Moscow Marjorie Taylor Greene, Massie, and Gosar are quite a group. But central to our conversation is to make sure that the national security legislation in totality is passed by the House of Representatives.”

Watch the videos above or at this link.

 

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