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Utah To 10th Circuit Judges: Hey, That Regnerus Study We Cited, Just Fuhgeddaboudit

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The State of Utah has conducted their defense of traditional marriage in such an appalling manner one almost might feel sorry for them. On December 20, when a federal judge ruled that their ban on same-sex marriage was unconstitutional, state attorneys were entirely unprepared and seemingly didn’t know how to respond. It took them over a week to convince, finally, the Supreme Court to stay the ruling.

That was just the start.

The New Civil Rights Movement’s Eric Ethington wrote at the end of last month:

In the latest round of submitted briefs to the 10th Circuit Court, Utah was forced to submit a clarification brief, asking the court to let them correct more than ninety misspelling, grammar, and incorrect citation errors. As if that wasn’t embarrassing enough, it turns out that the clarification brief had errors of its own, and Utah had to submit another brief to fix the new errors.

(By the way, Ethington reports that in a separate brief filed last night, Utah Republican Attorney General Sean Reyes “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.”)

Add to this the news that last night the State of Utah submitted a letter asking the 10th Circuit Court judges to totally disregard any arguments they previously made regarding the work of wholly discredited researcher Mark Regnerus.

Regnerus, you’ll remember, was funded by the religious and anti-gay right, and claimed that his study proved that adult children raised by same-sex parents do profoundly worse in dozens of areas that their peers raised by different-sex parents. That claim has been debunked repeatedly, including many times on these pages.

Zack Ford at Think Progress pulls the relevant quote from yesterday’s letter to the Court:

First, we wish to emphasize the very limited relevance to this case of the comparison addressed by Professor Regnerus. As the State’s briefing makes clear, the State’s principal concern is the potential long-term impact of a redefinition of marriage on the children of heterosexual parents. The debate over man-woman versus same-sex parenting has little if any bearing on that issue, given that being raised in a same-sex household would normally not be one of the alternatives available to children of heterosexual parents.

Second, on the limited issue addressed by the Regnerus study, the State wishes to be clear about what that study (in the State’s view) does and does not establish. The Regnerus study did not examine as its sole focus the outcomes of children raised in same-sex households but, because of sample limitations inherent in the field of study at this point, examined primarily children who acknowledged having a parent who had engaged in a same-sex relationship. Thus, the Regnerus study cannot be viewed as conclusively establishing that raising a child in a same-sex household produces outcomes that are inferior to those produced by man-woman parenting arrangements.

You’ll remember, too, that the judge in last month’s Michigan marriage trial added to the disgrace heaped upon Regnerus and his work:

The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration. The evidence adduced at trial demonstrated that his 2012 ‘study’ was hastily concocted at the behest of a third-party funder, which found it ‘essential that the necessary data be gathered to settle the question in the forum of public debate about what kinds of family arrangement are best for society’ and which ‘was confident that the traditional understanding of marriage will be vindicated by this study.’ … While Regnerus maintained that the funding source did not affect his impartiality as a researcher, the Court finds this testimony unbelievable. The funder clearly wanted a certain result, and Regnerus obliged.
[Bolding ours]

With absolutely no scientific or non-religion-based arguments left to discriminate against same-sex couples, how long will it take for marriage equality to reach all 50 states?

Stay tuned today to The New Civil Rights Movement for updates on today’s 10th Circuit hearing.

Image: Screenshot of Utah letter, via Equality Case Files on Scribd

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Pete Buttigieg Nails Trump for His Ugly Comments About Wounded Vets

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During his Sunday morning appearance on CNN’s “State of the Union,” Transportation Secretary Pete Buttigieg called out Donald Trump over reports he told military leaders he didn’t want wounded vets to be seen by the public while he was president.

In a recent Atlantic profile of General Mark Milley, the retiring military office recounted the former president telling him “no one wants to see” wounded soldiers, with Milley adding he found Trump’s attitude to those serving their country “superficial, callous, and, at the deepest human level, repugnant.”

Buttigieg, who served in Afghanistan during his 8 years while in the Naval Reserve, was asked by CNN host Dana Bash about the former president’s apparent distaste for service members.

“I want to ask you about a new Atlantic profile that says that then President Trump complained to Chairman of the Joint Chiefs of Staff Mark Milley after an Army veteran who lost a leg in combat sang at an event at the Pentagon,” Bash prompted her guest. “Trump reportedly told Milley, ‘Why do you bring people like that here, no one wants to see that, the wounded.'”

“After that article came out, Trump attacked Milley on social media, kind of a rambling post, but suggested that milley deserved the death penalty. You’re a veteran– what’s your response?” she asked.

“It’s just the latest in a pattern of outrageous attacks on the people who keep the country safe,” the Biden administration official replied.

POLL: Should Trump be allowed to run for office?

After pointing to fellow vets who suffered horrific injuries, he added, “These are the kind of people that deserve respect and a hell of a lot more than that from every American, and definitely from every American president.”

“And the idea that an American president, the person to whom service members look at as a commander in chief, and the person who sets the tone for this entire country could think that way or act that way or talk that way about anyone in uniform, and certainly about those who put their bodies on the line and sacrificed in ways that most Americans will never understand, and I guess wounded veterans make president Trump feel uncomfortable.”

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‘Scared to Death’: Trump’s Prison Panic Admission Means He Knows He’s Doomed Says Legal Expert

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Reacting to a report that Donald Trump has been quizzing his attorneys about what type of prison he likely will be sent to, former federal prosecutor Glenn Kirschner stated that is not only an indication that he knows he’s going to be convicted but also an admission of guilt.

Speaking with MSNBC host Jonathan Capehart, the attorney was asked about a recent Rolling Stone report about Trump’s prison panic.

As Rolling Stone reported, Trump asked if he’s “be sent to a ‘club fed’ style prison — a place that’s relatively comfortable, as far these things go — or a ‘bad’ prison? Would he serve out a sentence in a plush home confinement? Would government officials try to strip him of his lifetime Secret Service protections? What would they make him wear, if his enemies actually did ever get him in a cell — an unprecedented set of consequences for a former leader of the free world.”

POLL: Should Trump be allowed to run for office?

According to the attorney, Trump is revealing himself by asking for so many details.

“What does this tell you about Trump’s mindset?” host Capehart asked.

“It tells me he is scared to death” Kirschner quickly answered. “It tells me he has overwhelming consciousness of guilt because he knows what he did wrong and he knows he is about to be held accountable for his crimes. So it is not surprising that he is obsessing.”

“If he was confident that he would be completely exonerated, would he have to obsess about what his future time in prison might look like?” he suggested. “I think the last refuge for Donald Trump can be seen in a recent post where he urged the Republicans to defund essentially the prosecutions against him. which, to this prosecutor, Jonathan, smells a lot like an attempt to obstruct justice.”

Watch below or at the link.

 

Image via Shutterstock

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‘Vulgar and Lewd’: Trump Judge Cites Extremist Group to Allow Drag Show Ban

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A federal judge in Texas known for a ruling that attempted to ban a widely-used abortion drug is citing an extremist anti-LGBTQ group in his ruling allowing a ban on drag shows to stay in place.

U.S. District Judge Matthew Kacsmaryk, a former attorney for an anti-LGBTQ conservative Christian legal organization, and a member of the Federalist Society, in his 26-page ruling dated Thursday cited the “About” page of Gays Against Groomers to claim, “it’s unclear how drag shows unmistakably communicate advocacy for LGBT rights.”

Judge Kacsmaryk, appointed by Donald Trump twice before finally assuming office in 2019, suggests the First Amendment does not provide for freedom of expression for drag shows, calls drag “sexualized conduct,” and says it is “more regulable” because “children are in the audience.”

READ MORE: ‘The Public Deserves to Know’: Abortion Pill Banning Judge Redacted Details About Millions of Dollars in His Stock Portfolio

Slate’s Mark Joseph Stern adds, “Kacsmaryk’s conclusion that drag is probably NOT protected by the First Amendment conflicts with decisions from Texas, Florida, Tennessee, and Montana which held that drag is constitutionally protected expression. It also bristles with undisguised hostility toward LGBTQ people.”

Calling the judge “a proud Christian nationalist who flatly refuses to apply binding Supreme Court precedent when it conflicts with his extremist far-right beliefs,” Stern at Slate writes that Kacsmaryk ruled drag “may be outlawed to protect ‘the sexual exploitation and abuse of children.’ In short, he concluded that drag fails to convey a message, while explaining all the reasons why he’s offended by the message it conveys.”

Stern does not let Kacsmaryk off the hook there.

“From almost any other judge, the ruling in Spectrum WT v. Wendler would be a shocking rejection of basic free speech principles; from Kacsmaryk, it’s par for the course. This is, after all, the judge who sought to ban medication abortion nationwide, restricted minors’ access to birth control, seize control over border policy to exclude asylum-seekers, and flouted recent precedent protecting LGBTQ+ equality,” Stern says.

READ MORE: Far-Right Judge Under Fire for Failing to Disclose Interviews on Civil Rights – but LGBTQ Community Had Warned Senators

“He is also poised to bankrupt Planned Parenthood by compelling them to pay a $1.8 billion penalty on truly ludicrous grounds. And he is not the only Trump-appointed judge substituting his reactionary beliefs for legal analysis. We have reached a point where these lawless decisions are not only predictable but inevitable, and they show no sign of stopping: Their authors are still just settling into a decadeslong service in the federal judiciary.”

West Texas A&M University President Walter V. Wendler penned the letter that sparked the lawsuit.

Titled, “A Harmless Drag Show? No Such Thing,” Wendler wrote: “I believe every human being is created in the image of God and, therefore, a person of dignity. Being created in God’s image is the basis of Natural Law. James Madison and Thomas Jefferson, prisoners of the culture of their time as are we, declared the Creator’s origin as the foundational fiber in the fabric of our nation as they breathed life into it. Does a drag show preserve a single thread of human dignity? I think not.”

Journalist Chris Geidner concludes, “It’s an extremely biased ruling by a judge who has established that he does not care about being overturned — even by the most conservative appeals court in the nation.”

READ MORE: ‘Corruption of the Highest Order’: Experts ‘Sickened’ at ‘Definitely Bought’ Clarence Thomas and His ‘Pay to Play’ Lifestyle

 

 

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