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UPDATED: Supreme Court Rules Same-Sex Marriage To Be Law Of The Land Nationwide In Historic Ruling

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In a 5-4 ruling, the U.S. Supreme Court has just handed down one of the most consequential civil rights decisions in its history.

Same-sex couples have the constitutional right to marry, and states cannot take that right away from them, says the U.S. Supreme Court in a 5-4 ruling handed down moments ago. The decision requires all 50 states and all U.S. territories to recognize all legally-performed marriages from all jurisdictions, and to extend marriage to same-sex couples. In short, the court’s decision requires all states to treat marriages of same-sex couples exactly as they treat marriages of different-sex couples.

The United States now becomes one of about 21 countries that have extended marriage to same-sex couples.

Justice Anthony Kennedy wrote the majority opinion. The Chief Justice, John Roberts, along with Justices Alito, Thomas, and Scalia dissented. 

The case, Obergefell v. Hodges, was filed by Jim Obergefell, a man whose legally-married husband died. Obergelfell sued to have his name placed on his husband’s death certificate.

READ: Here’s The Full Supreme Court Decision Finding Same-Sex Couples Have The Right To Marry

The Court heard four same-sex marriage cases in April, all from the 6th Circuit Court of appeals, the only appellate court that ruled states may practice marriage discrimination against same-sex couples. That decision was in Michigan’s DeBoer v. Snyder, a case filed by two women, both pediatric emergency room nurses, who have adopted four special needs children and wanted to marry so they could jointly adopt each child. 

On April 28, the Supreme Court heard oral arguments in cases from each of the four states that comprise the 6th Circuit: Kentucky, Michigan, Ohio, and Tennessee. It had challenged plaintiffs and defendants to answer two questions:

Question 1: Must states allow same-sex couples to marry under the United States Constitution? 
Question 2: Must states recognize the legal marriages entered by same-sex couples in other jurisdictions?

The Court this morning answered yes to both.

UPDATE – Watch: Obama Speaks On Marriage Win – ‘A Victory For America’ (Full Video And Text)

Today’s historic ruling may well be one of the most important civil rights rulings since 1967’s Loving v. Virginia, in which the Supreme Court struck down banning interracial marriage, and paved the way for today’s decision by stating marriage is a civil right.

Along the way, in 2003, the Supreme Court in Lawrence v. Texas ruled all bans on sodomy were unconstitutional and that criminalizing same-sex relationships is a violation of privacy rights.

In 2013’s U.S. v. Windsor, the Court struck down Section 3 of DOMA, the Defense of Marriage Act of 1996 that banned the federal government from recognizing same-sex marriages, in a historic case brought by Edie Windsor of New York. Windsor had married her partner of four decades, Thea Spyer, in Canada shortly before Spyer’s death. The IRS demanded she pay $363,000 in inheritance taxes that she would not have had to incur had she been married to a man.

Since the DOMA decision two years ago, state marriage bans have fallen at historic speed, and the support for same-sex marriage has escalated faster than any other social issue. Today, polls find that up to 60 percent of Americans support the right of same-sex couples to marry, and the majority of Americans also wanted the Supreme Court to decide in favor of a national, 50-state right to marry.

UPDATE: Tweets Of The Day: President Obama And A Gazillion Democrats Celebrate Supreme Court Marriage Win

Before today’s ruling, same-sex marriage was legal in 37 states and one U.S. territory. Of the remaining 13 states, bans remained in place in the four states of the 6th Circuit. In the remaining nine states, rulings or decisions were placed on hold in deference to the impending Supreme court ruling.

There will assuredly be a backlash, as the religious right has promised. The Southern Baptist Convention, which boasts 16 million members, has vowed to defy the ruling. At least two current Republican presidential candidates, Mike Huckabee and Rick Santorum, have signed a pledge to defy today’s ruling. Every Republican likely and declared GOP presidential candidate is formally opposed to same-sex marriage. Some high-ranking state officials, like Alabama Chief Justice Roy Moore, have suggested they will not follow today’s ruling.

While today’s historic ruling advances civil right for LGBT Americans, this is far from the completion of the fight for equality. As more and more same-sex couples marry, they can still be fired in the majority of states for being gay. Just yesterday President Barack Obama again called on Congress to pass ENDA to protect LGBT employees.

UPDATE: WATCH: Pres. Obama Calls Marriage Lead Plaintiff Jim Obergefell – ‘We’re Really Proud Of You’

 

This is a breaking news and developing story and has been updated.
Stay with The New Civil Rights Movement all day for reports, reactions, and other important marriage news.

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Image by Meghan Hess via Flickr and a CC license

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‘They’re Coming After Our Children’: Watch Casey DeSantis’ Dystopian Fear-Mongering Ad

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The imagery is dark. The words are defiant. The message is dystopian. An ad for Republican Governor Ron DeSantis‘s presidential campaign, currently “in turmoil,” features the First Lady of Florida, Casey DeSantis, issuing a warning: “They’re coming after our children.”

The ad never quite says who is coming after the kids, but the video (below) includes clips of President Joe Biden and former Dr. Anthony Fauci, the face of the war on COVID and the now-retired Director of the National Institute of Allergy and Infectious Diseases.

While it was first released over the summer, it received little attention. Casey DeSantis on Friday reposted her “Mamas for DeSantis” ad. It comes in the wake of the alleged ménage à trois sex scandal involving an unnamed woman who has accused Christian Ziegler, the head of the Florida Republican Party of rape. His wife, Moms for Liberty co-founder Bridget Ziegler, who reportedly confirmed the consensual three-way sexual relationship, is Casey DeSantis’ “best friend,” according to Florida Politics publisher Peter Schorsch.

“In America, we’ve witnessed a lot and put up with enough,” Casey DeSantis says in a voiceover at the start of the two-and-a-half minute video.

“We’ve been forced into silence,” she charges, amid a baby crying and a COVID mask being put over a child’s face. “Into compliance.”

“Told that we must ‘trust the science,'” DeSantis continues, in a direct attack on Dr. Fauci, showing him speaking during the height of COVID in the Trump administration.

READ MORE: ‘Significant and Imminent Threat’: Trump Gag Order Largely Upheld by Appeals Court

And in an attack on LGBTQ children and adults, she says: “We’ve been told that we must deny truth. Back down. And look the other way.”

“Enough is enough. When you come after our kids, we fight back. Because there’s nothing we won’t do to protect our children,” she says.

Seconds later, the video shows President Joe Biden declaring, “Our nation’s children are all our children.”

“We will not allow you to exploit their innocence to advance your agenda. We are no longer silent,” Casey DeSantis declares. “We are united. We have finally found our fighter.”

Casey DeSantis praises her husband, saying he will do for America what he did for Florida: “Schools: opened. Parents’ rights: defended. School choice: universal. Critical race theory: prohibited. DEI: stopped. Child mutilation: illegal. Girls’ sports: saved. Communities: protected. Our economy: growing. And freedom: guaranteed.”

READ MORE: ‘Dystopian’: Potential Trump Cabinet Picks Send ‘5-Alarm’ Shock Waves of Terror

In the section where President Biden says, “Our nation’s children are all our children,” Casey DeSantis doesn’t explain that those words came from a White House celebration honoring Teachers of The Year from across the country. The President was praising an Oklahoma Teacher of the Year whose district includes students who speak 62 different languages, so she had to work hard to ensure everyone felt included. She had said, “There’s no such thing as someone else’s child.”

Nor did DeSantis acknowledge that Governor DeSantis’ performance for children has been poor.

The Florida Policy Institute, which says it is “an independent, non-partisan, and non-profit organization,” in September warned “368,728 youth aged 20 and younger” have been cut from Medicaid. “Because Florida has not expanded Medicaid, the vast majority of those losing insurance during this time have been children, parents, young adults, and new mothers.”

Florida ranks 35th in child well-being (with 1 being the best), according WUSF, citing the Kids Count Databook from the Annie E. Casey Foundation.

Some critics on social media blasted Casey DeSantis’ remarks.

“Republicans refused to extend child tax credits that pulled 2 million children out of poverty. They resist the idea of free school lunches. Yet they come up with bullshit about their opponents ‘coming after our children.’ Yes, we’re coming after them, to give them a sandwich,” wrote former Chicago Tribune editor Mark Jacob.

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

Watch the Casey DeSantis video below or at this link.

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‘Significant and Imminent Threat’: Trump Gag Order Largely Upheld by Appeals Court

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A Washington, D.C. federal appeals court Friday afternoon largely upheld and reinstated U.S. District Judge Tanya Chutkan’s very narrow and limited gag order on Donald Trump for his trial on charges related to his alleged efforts to subvert the U.S. Constitution and overturn the results of the 2020 election.

“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order,” reads Judge Patricia Millett unanimous three-judge panel ruling, posted by Lawfare’s Anna Bower. “The district court’s order, however, sweeps in more protected speech than is necessary. For that reason, we affirm the district court’s order in part and vacate it in part.”

The judges upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

They also upheld the gag order “to the extent it prohibits all parties and their counsel from making or directing others to make public statements about (1) counsel in the case other than the Special Counsel, (2) members of the court’s staff and counsel’s staffs, or (3) the family members of any counsel or staff member—if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staff’s work in this criminal case, or with the knowledge that such interference is highly likely to result.”

The judges removed from the gag order “speech beyond those specified categories.”

“We do not allow such an order lightly,” the judges added. “But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants.”

Bower explains, “Chutkan’s order would have prohibited statements that refer to special counsel Jack Smith as a ‘thug’ or ‘deranged.’ But the appeals court order does not apply to speech about the special counsel himself.”

CBS News congressional correspondent Scott MacFarlane sums up the ruling: “Much of the gag order in Donald Trump’s 2020 election conspiracy criminal case in DC is *REINSTATED*.”

READ MORE: Peter Doocy Admits No ‘Concrete Evidence Joe Biden Personally Profited’ From Hunter’s Business

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Peter Doocy Admits No ‘Concrete Evidence Joe Biden Personally Profited’ From Hunter’s Business

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In a report focused on House Republicans’ plan to vote on a resolution to open an official impeachment inquiry of President Joe Biden, Fox News White House correspondent Peter Doocy told viewers there is no evidence of impeachable offenses.

“The House Oversight Committee has been at this for years, and they have so far not been able to provide any concrete evidence that Joe Biden personally profited from his son Hunter’s overseas business but they are going to try again with this impeachment inquiry set to start next week,” Doocy, who often criticizes President Biden in White House press briefings, said Friday on Fox News Business.

Other news outlets this week have also stressed Republicans have come up empty-handed.

The right-leaning news outlet The Hill, reporting on the resolution Thursday, noted Republicans’ current investigation “has struggled to connect President Biden to the activities of his son, and they’ve failed to prove their most salacious allegation — and the one that would be most key for impeachment: that the president accepted a bribe.”

READ MORE: Jobs Report Forces Fox News to Admit Biden Economy ‘A Lot Stronger Than Anybody Understands’

One of the main pillars of Republicans’ allegations against President Biden, the “narrative that President Biden pushed Ukraine to fire its prosecutor to help his son, who served on the board of Ukrainian energy company Burimsa, has largely been refuted,” The Hill also reported.

“Republicans have engaged in wide-ranging inquiry into Mr. Biden for months,” The New York Times reported Tuesday, “hunting for evidence to back up their allegations that he corruptly profited from his family members’ overseas business dealings and accepted bribes. To date, they have failed to deliver compelling evidence to back up their boldest claims.”

Watch Doocy below or at this link.

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