Connect with us

Kentucky Judge Refuses to Hear Any Case Involving a ‘Practicing Homosexual’ Wanting to Adopt a Child

Published

on

Breach of Ethics?

A Kentucky family court judge has announced he will not hear adoption cases involving any “practicing homosexual” or “homosexual parties” because it would not be in the “best interests of the child” to allow same-sex couples or LGBT people to be parents.

Judge W. Mitchell Nance, who was re-elected to an 8-year term when he ran unopposed in 2014, on Thursday issued an order saying he has the right and the obligation to recuse himself from any case in which he might have a personal bias.

The Courier-Journal reports Judge Nance says that “as a matter of conscience” he believes that “under no circumstance” would “the best interest of the child be promoted by the adoption by a practicing homosexual.”

Nance told the Courier-Journal in an interview, “I stand behind the law I have cited, the matter of conscience I addressed and the decision I have made.”

Asked if judges who oppose capital punishment should be able to recuse themselves from death penalty cases, he said, “I really have not thought about that enough to given an intelligent answer.”

Judge Nance’s stance, however, may be a problem.

“He has taken an oath to uphold the law, which by virtue of the equal protection clause does not tolerate discrimination on the basis of race, religion or sexual orientation,” Indiana University law school professor Charles Geyl, a judicial ethics expert, says. “If he is unable to set his personal views aside and uphold the law — not just in an isolated case, but with respect to an entire class of litigant because he finds them odious — it leads me to wonder whether he is able to honor his oath.”

Nance, not surprisingly, has been described by local attorneys as highly religious and opposed to divorce, The Courier-Journal notes.

“Even in uncontested divorces involving no children, he makes the parties appear in court, offers them condolences on the demise of their marriage and makes them explain why it didn’t work out.”

Attorneys say he also asked divorce litigants where they go to church and whether they are a true believer.

It’s unclear if that, too, is within the confines of proper judicial ethics.

Judge Nance notified local lawyers they will need to request a different judge should they have an adoption case involving LGBT people or same-sex couples.

But clearly the average person would have reason to believe Judge Nance’s personal biases extend past adoption.

Lawyers say Nance will now also have to disqualify himself from any litigation involving gay people, including divorces involving a spouse coming out of the closet. He said he understands that gays and lesbians would have reservations about appearing before him.”

It would seem that any LGBT person who Judge Nance ruled against might have reason to contest the ruling, as might any person who thinks the judge thought they are not a “true believer.”

Would a defendant or plaintiff whose views on marriage equality or rights of LGBT people are different than Judge Nance’s have reason to question his ability to be fair? Would they also have reason to question his rulings?

Dan Canon, a Louisville lawyer who helped win the right of same-sex marriage in Kentucky, said: “The bottom line is if this judge can’t fulfill his duties because of his personal biases, he should resign.” Chris Hartman, director of the Fairness Campaign, said, “If he can’t do the job, he shouldn’t have the job.” 

The Glasgow Daily Times adds that “Nance performs marriages, but said he has never been asked to marry a gay couple. If he were asked, Nance said he would decline to perform the marriage rights.”

Depending on Kentucky law, that too could pose a problem for Nance.

Judge Nance is up for re-election in 2023.

To comment on this article and other NCRM content, visit our Facebook page. 

Image by Victoria Pickering via Flickr and a CC license

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

'YOU GOT OWNED TODAY'

‘Squashed Like a Bug’: Gaetz Smacked Down After ‘Rage-Tweeting a Slander on America’s Entire Military History’

Published

on

“Buddy the only war you fought is against age of consent”

Congressman Matt Gaetz attacked the U.S. Armed Forces on Wednesday, suggesting America doesn’t win wars because of Generals like the Chairman of the Joint Chiefs of Staff, Mark Milley. General Milley, who has worn an Army uniform since before the Florida Republican congressman was born, is being heralded for delivering a strong and intelligent rebuke of Gaetz’s attack on critical race theory and criticizing the U.S. Military for being “woke.”

Gen. Milley told Gaetz during a House committee hearing that he would like to better understand both critical race theory and “white rage,” which he implied was connected to Donald Trump’s January 6 insurrection.

“I personally find it offensive that we are accusing the United States military, our general officers, our commissioned and noncommissioned officers of being quote ‘woke,’ or something else because we’re studying some theories that are out there,” Milley told Gaetz.

Gaetz, whose district has a huge military presence including one of the largest air bases in the world, did not wait long to strike back, attacking  General Milley:

Attacking Americans who believe systemic racism is real:

Attacking the U.S. Armed Forces:

And praising the Chinese Communist Party (CCP):

It did not go well for him:

 

 

Continue Reading

WHOA

Watch: Joint Chiefs Chairman Incinerates Matt Gaetz With Epic Lecture on Critical Race Theory

Published

on

Chairman of the Joint Chiefs of Staff, General Mark Milley blasted U.S. Rep. Matt Gaetz for mocking and  opposing critical race theory during what was supposed to be a budget hearing. He left the Florida Republican Congressman speechless and only able to shake his head.

Milley, a General in the U.S. Army who has been in uniform since 1980 decimated Rep. Gaetz, his supporters, and conservatives in general for mocking the idea that systemic racism exists, while adding that he would like to better understand both critical race theory and “white rage.”

“First of all, on the issue of critical race theory, etc,.” Milley began. “A lot of us have to get much smarter on whatever the theory is, but I do think it’s important, actually, for those of us in uniform, to be open minded and be widely read, and the United States Military Academy is a university, and it is important that we train, and we understand, and I want to understand white rage, and I’m white, and I want to understand it.”

“So, what is it that caused thousands of people to assault this building, and try to overturn the Constitution of the United States of America? What caused that? I want to find that out,” Milley, who has degrees from Princeton, Columbia, and the Naval War College, declared. “I want to maintain an open mind here, and I do want to analyze it, it’s important that we understand that because our soldiers, sailors, airmen, Marines and Guardians, they come from the American people. So it is important that the leaders, now and in the future, do understand it.”

“I’ve read Mao Tse Tung, I’ve read, I’ve read Karl Marx, I’ve read Lenin: that doesn’t make me a communist. So what is wrong with understanding, having some situational understanding about the country for which we are here to defend?”

“I personally find it offensive that we are accusing the United States military, our general officers, our commissioned and noncommissioned officers of being quote ‘woke,’ or something else because we’re studying some theories that are out there. That was started at Harvard Law School, years ago, and it proposed that there were laws in the United States, antebellum laws prior to the Civil War that led to a power differential with African Americans that were three-quarters of a human being, when this country was formed, and then we had a civil war and Emancipation Proclamation to change it, and we brought it up to the Civil Rights Act of 1964 – took another 100 years to change that. So look it I do want to know, and I respect your service and you and I both Green Berets, but I want to know. And it matters to our military in the discipline and cohesion of this military, and I thank you for the opportunity to make a comment on that.”

Watch:

 

 

Continue Reading

RELIGIOUS EXTREMISM

‘Pray for the Christians’: Graham Urges School Boards to Fight the ‘Godless Socialist Agenda’ of CRT

Published

on

Evangelical and anti-LGBTQ activist Franklin Graham is urging Americans to “pray for the Christians” who are fighting what he calls a “godless socialist agenda,” an agenda he says now includes critical race theory and “concerning transgender policies.”

Pointing to an article about Loudon County, Virginia, currently a hotbed of controversy over transgender students’ rights and the teaching of critical race theory (which is not actually being taught in public schools, only in colleges and universities,) Graham patted himself on the back for traveling to all 50 states in 2016 to urge Christians to run for office, especially school boards.

He says those local boards’ decisions “impact our children and our grandchildren’s lives, and they impact the future of our country, so it is vitally important. I’m thankful for the parents in Loudoun County, Virginia, who are speaking up and working to keep things like critical race theory and concerning transgender policies out of their schools.”

“We have to stand up against the godless socialist agenda trying to divide us and take over this country,” he claimed.

“Pray for the Christians in Loudoun County, that they would stand strong and speak the truth in love. And pray about how you can get involved in your city and make a real difference. Will you?” Graham urged.

Conservatives have been infiltrating local school boards, where they have the opportunity to indoctrinate children at a young age into far right wing extremism, the pro-Trump MAGA movement, white nationalism and white supremacism, and an anti-science agenda.

In April TIME reported, “QAnon Candidates Are Winning Local Elections,” and asked, “Can They Be Stopped?”

And earlier this month the National Education Association (NEA) asked: “Is QAnon Radicalizing Your School Board?

“Proponents of QAnon allege that Satan-worshipping pedophiles are secretly running the country, and they also have spread false information about COVID-19, Black Lives Matter, the recent election and more,” the NEA article revealed. “When they get elected to local offices, they endanger citizens because their potential decisions—around budget, safety, school curriculum and more—aren’t grounded in reality.”

And in 2017 Media Matters reported on “How The Hate Group Alliance Defending Freedom Is Infiltrating Public Schools.”

Image via Facebook

Continue Reading

Trending

Copyright © 2020 AlterNet Media.