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US Supreme Court Refuses to Hear Same-Sex Benefits Case

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Decision Comes One Day Before SCOTUS Hears Pivotal Anti-Gay Wedding Cake Baker’s Case 

The U.S. Supreme Court on Monday refused to hear a case from Houston’s appeal of a lower court ruling that said the right to a marriage license did not entitle same-sex couples to spousal benefits under employee insurance plans. The case, Pidgeon v. Turner challenged then-Houston Mayor Annise Parker’s announcement that the city would begin offering health insurance and other benefits to the same-sex spouses of city employees.

The case began in late 2013 when two Houston taxpayers sued Mayor Parker and the City of Houston after city officials determined that an earlier U.S. Supreme Court ruling, U.S. v. Windsor, striking down part of the so-called Defense of Marriage Act (DOMA), required that benefits be equally available to the legal different-sex or same-sex spouses of city employees.

A Texas state district judge initially ruled in favor of the plaintiffs but the Texas 14th Court of Appeals overturned that decision in the wake of the U.S. Supreme Court’s Obergefell ruling.

The plaintiffs then petitioned the Texas Supreme Court for review, which initially declined to hear the case. However, after a concerted campaign lead by Texas Republicans, Governor Greg Abbott, Lt. Gov. Dan Patrick, and Attorney General Ken Paxton, the state’s High Court reversed itself and agreed to hear the case. That hearing took place on March 1, 2017. The plaintiffs and several “family values” Christian groups in Texas held that Obergefell didn’t settle the question of whether married same-sex couples must receive same spousal benefits as different-sex couples.

In its decision released last June 30, the court ruled against Houston in its ruling, writing, “But Obergefell is not the end either. Already, the Supreme Court has taken one opportunity to address Obergefell’s impact on an issue it did not address in Obergefell, and there will undoubtedly be others.” 

LGBTQI legal rights advocacy group, Lambda Legal, in response to the Texas Supreme Court decision in June said:

“This absurd contortion of the Obergefell ruling defies all logic and reason, especially in light of the Supreme Court’s explicit ruling on Monday that marriage is marriage and equal is equal. We will take steps to protect these families,” said Kenneth D. Upton, Jr., Senior Counsel in Lambda Legal’s South Central Regional Office in Dallas. “The Court was very clear in the majority opinion about the scope of what marriage entails.”

“This decision is political and is an example of why elected judges are bad for LGBT people and bad for judicial independence,” added Eric Lesh, Fair Courts Project Director at Lambda Legal. 

The U.S. Supreme Court’s action returns the decision to the lower courts in Texas for further appellate action and although SCOTUS’s action set no nationwide legal precedent, it still may give a boost to conservative efforts to limit the effects of its decision in the case Obergefell v. Hodges that the fundamental right to marry is guaranteed to gay couples under the Constitution. The case will now proceed in a Texas state court.

LGBTQI advocacy groups raised an alarm Monday as they see the Supreme Court’s actions as giving leeway to conservative groups and conservative justices to chip away at LGBTQI Marriage Equality. GLAAD’s Executive Director, Sarah Kate Ellis, noted in an emailed statement that the denial of certiorari in the Houston Case is troubling given that this ruling occurred one day prior to SCOTUS hearing oral arguments on another yet another case with serious implications for the LGBTQI community.

“With all eyes on tomorrow’s oral arguments in the Masterpiece Cakeshop religious exemptions case, the Supreme Court has just let an alarming ruling by the Texas Supreme Court stand which plainly undercuts the rights of married same-sex couples,” Ellis said. “Today’s abnegation by the nation’s highest court opens the door for an onslaught of challenges to the rights of LGBTQ people at every step.”

That case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, arrays Christian conservative groups against the LGBTQI community. The case was brought by another anti-LGBTQI family values legal group, the Alliance Defending Freedom, representing a Colorado bakery owner, and cake artist Jack Phillips.

Phillips claimed he couldn’t design a custom wedding cake for two men who requested it sayting in court documents that “using his artistic talents to celebrate a same-sex marriage would violate his Christian faith and his artistic freedom.”

The High Court will have to decide between three constitutional rights: “sexual equality, freedom of religion and freedom of expression” in the Masterpiece Cakeshop case. Proponents of LGBTQI equality say that a decision in favor of Phillips would have a chilling effect on equality for LGBTQI people. The stakes are high, and could open the door for conservative businesses to spurn gay couples. 

The Trump administration, around twenty American states, dozens of members of Congress and countless Christian and conservative pressure groups have backed Phillips.

Brody Levesque is the Chief Political Correspondent for The New Civil Rights Movement.
You may contact Brody at Brody.Levesque@thenewcivilrightsmovement.com

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

Image by Joe Ravi via Wikimedia and a CC-BY-SA 3.0 license

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Ten Commandments Governor Declares No Church-State Separation in Rough Fox News Interview

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Louisiana Republican Governor Jeff Landry appeared surprised in a Friday Fox News interview when asked to defend his newly-signed law requiring the Bible’s Ten Commandments to be posted in every public school classroom throughout the state, which critics say is unconstitutional.

Speaking about the First Amendment principle of separation of church and state, which the U.S. Supreme Court has affirmed at least a half-dozen times, Landry declared: “I challenge anyone who says that to go find me those words in the First Amendment. They don’t exist.”

He went on to claim those who want to “extract” what he claims are America’s Judeo-Christian principles “out of the foundation of this country…really and truly want to create the chaos that ultimately is the demise of this nation.”

On Thursday in a signing ceremony Landry declared the Bible’s Moses is the “original lawgiver,” a claim some challenged as a cultural choice and not an accurate one, given there are others that date back earlier, to ancient Greece, Babylon,  and India.

READ MORE: ‘Ominous Opinion’: Same-Sex Marriage Targeted Again in Latest SCOTUS Ruling, Expert Warns

“You’ve heard the criticism, it seems to be pouring in. Was it still the right thing to do?” Governor Landry was asked Friday afternoon.

“I mean, I didn’t know that living the Ten Commandments is a bad way to live life,” Landry replied, not touching the obvious and likely unconstitutional nature of the legislation he proudly signed 24 hours earlier. “I didn’t know that it was so vile to obey the Ten Commandments. I think that that speaks volumes about how eroded this country has become. I mean, look, this country was, was founded on Judeo-Christian principles and every time we steer away from that we have problems in our nation. I mean, right now schools teach, basically treat kids like critters and get the Ten Commandments is something bad to put in schools? It just it’s amazing.”

The founders clearly intended to create a secular, not religious government and took great care, including in the First Amendment, to ensure no religion was favored and individuals had the right to observe any faith, multiple faiths, or none at all.

RELATED: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

“For those listening right now, they’re wondering, what’s the goal?” Fox News host Sandra Smith continued. “Because it’s not as if this is going to be taught in every school and classroom. This is just being displayed on the walls. So my question to you is, how is this going to improve the school environment and the performance of kids in those schools? When Governor, I pull up the report cards of these public schools and Louisiana is struggling, I mean, it is at the bottom of the country. The education system is failing these kids. I mean, Louisiana is 43, 44th in math and reading. So is this gonna help what is a very big problem in Louisiana?”

“Look, I think it’s part and parcel for helping kids anywhere around the country, if other states followed our suits, but at the same time that we signed that bill into law, we signed a string of others assign 20 bills, including this one, to reform Louisiana schools.”

Experts note that the U.S. Supreme Court struck down a similar law in 1980.

Sandra Smith’s remarks about Louisiana failing are accurate. According to U.S. News and World Report, Louisiana ranks 47th in education, 50th in crime, 49th in the economy, 46th in health care, and overall, it ranks last, at number 50.

Watch the videos above or at this link.

RELATED: ‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

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‘Ominous Opinion’: Same-Sex Marriage Targeted Again in Latest SCOTUS Ruling, Expert Warns

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In a 6-3 decision along partisan lines the right-wing justices on the U.S. Supreme Court once again targeted the landmark 2015 Obergefell same-sex marriage decision, leading liberal Justice Sonia Sotomayor to sound “alarm bells” on marriage equality in her dissent a legal expert says, warning that they may try to “roll it back.”

The case involves Sandra Muñoz, a U.S. citizen who argued that the federal government’s denial of a visa for her husband, who lives in El Salvador, deprives her of her constitutionally protected right to liberty.

The right-wing majority in a decision written by Justice Amy Coney Barrett ruled: “A citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

Friday’s ruling “undermines same-sex marriage,” Bloomberg Law reports Justice Sotomayor’s dissent warns.

Slate senior writer Mark Joseph Stern has covered the courts since 2013, and is the author of a 2019 book on the Roberts Supreme Court.

“Justice Sotomayor, in dissent, accuses the conservative supermajority of cutting back the rights guaranteed in Obergefell—the same-sex marriage decision—and of repeating ‘the same fatal error’ it made in Dobbs,” Stern writes. “A very ominous opinion.”

READ MORE: ‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

The “fatal error” in Dobbs was ignoring precedent.

“Justice Sotomayor says the burden of today’s decision will ‘fall most heavily’ on same-sex couples, many of whom cannot safely reside in the non-citizen’s home country,” Stern adds. “Her dissent is littered with alarm bells about Obergefell.”

He points to this from Sotomayor’s dissent, a citation from the Obergefell decision:

“A traveler to the United States two centuries ago reported that ‘‘[t]here is certainly no country in the world where the tie of marriage is so much respected as in America.’ ‘ ”

“Today,” Sotomayor continued, “the majority fails to live up to that centuries-old promise. Muñoz may be able to live with her husband in El Salvador, but it will mean raising her U. S.-citizen child outside the United States. Others will be less fortunate. The burden will fall most heavily on same-sex couples and others who lack the ability, for legal or financial reasons, to make a home in the noncitizen spouse’s country of origin.”

Again quoting Obergefell, she adds, “For those couples, this Court’s vision of marriage as the ‘assurance that while both still live there will be someone to care for the other’ rings hollow.”

Stern warns: “I think Justice Sotomayor is clearly correct that the Supreme Court’s gratuitous attack on the constitutional rights of married couples in Muñoz—especially same-sex couples—suggests that the conservative justices hate Obergefell and may roll it back.”

Sotomayor began her dissent also with a quote from Obergefell: “The right to marry is fundamental as a matter of history and tradition.”

READ MORE: ‘Fact Checking His Delusions’: Trump’s Falsehoods May Not Be Lies Anymore, Critics Warn

She warns that the right-wing majority could have appropriately issued a narrow ruling but instead chose to hand down a broad decision:

“The majority could have resolved this case on narrow grounds under longstanding precedent,” she writes. “Instead, the majority today chooses a broad holding on marriage over a narrow one on procedure.”

Justice Sotomayor again points to same-sex marriage:

“Muñoz may be able to live in El Salvador alongside her husband or at least visit him there, but not everyone is sovereign lucky. The majority’s holding will also extend to those couples who, like the Lovings and the Obergefells, depend on American law for their marriages’ validity. Same-sex couples may be forced to relocate to countries that do not recognize same-sex marriage, or even those that criminalize homosexuality.”

She also noted, “The constitutional right to marriage has deep roots,” and “The constitutional right to marriage is not so flimsy,” while warning “the majority departs from longstanding precedent and gravely undervalues the right to marriage in the immigration context.”

Two years ago almost to the day, when the Supreme Court handed down the Dobbs decision overturning Roe v Wade and stripping away the constitutional right to abortion, Stern warned the Court, especially Justice Thomas, would come for contraception, same-sex intimacy, and same-sex marriage:

Two years before Dobbs, Stern also warned Justice Thomas was targeting same-sex marriage, writing that “Thomas (joined by Alito) wrote a jaw-dropping rant taking direct aim at Obergefell and suggesting that SCOTUS must overturn the right to marriage equality in order to protect free exercise.”

READ MORE: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

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‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

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Jumping on Louisiana’s controversial and likely unconstitutional new law mandating posters of a specific version of the Bible’s Ten Commandments be displayed in every public school classroom, Donald Trump overnight declared the nation “desperately” needs a religious “revival” and called for the religious text to be placed in classrooms across America.

Critics point out that the U.S. Supreme Court in 1980 found a similar law unconstitutional.

“The high court found that the law had no secular purpose but rather served a plainly religious purpose,” the Associated Press reports.

And while some lawmakers are insisting it is a historical document, remarks by Republican Governor Jeff Landry and the bill’s co-author, Republican state Rep. Lauren Ventrella, would appear to undermine that defense.

RELATED: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

“I love the Ten Commandments in public schools, private schools, and many other places, for that matter. Read it — how can we, as a nation, go wrong??? This may be, in fact, the first major step in the revival of religion, which is desperately needed, in our country. bring back TTC!!! MAGA2024” Trump wrote on Truth Social in his all-caps post.

Some critics have been noting Trump has violated many if not most of the Ten Commandments. Some have listed the Ten Commandments and what they say are Trump’s actions in comparison to them.

MSNBC‘s Steve Bennen observed, “Trump is touting the Ten Commandments, despite the fact that he’s broken most of them. No graven images? Check. Honoring the Sabbath? Check. No adultery? Check. No stealing? Check. No bearing false witness? Big ol’ check. No coveting a neighbor’s wife? Check.”

Retired North Carolina Supreme Court justice and former Republican gubernatorial candidate Judge Bob Orr wrote: “The GOP and Trump want parents controlling the books that are in schools NOT educators…but their ok with educators being responsible for teaching children to follow the Ten Commandments – a responsibility that belongs at home with the parents and the church.”

Earlier this week, before Trump’s declaration, The Lincoln Project posted a video on Trump’s relationship to the religious document.

Watch below or at this link.

READ MORE: ‘Fact Checking His Delusions’: Trump’s Falsehoods May Not Be Lies Anymore, Critics Warn

 

 

 

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