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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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Will Trump Testify at Trial? ‘Absolutely’ Is Now a ‘No Decision’ Yet

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The State of New York’s prosecution of Donald Trump is nearing it end, as Judge Juan Merchan announced late Thursday afternoon final arguments could begin on Tuesday. But one question remains: Will the ex-president who is facing 34 felony charges in the election interference, falsification of business records, and hush money cover-up case, testify in his defense?

Just over one month ago Trump was asked that question. He quickly responded, “Yeah I would testify, absolutely.”

Trump appeared resolved.

READ MORE: Ex-Florida GOP Chair’s Efforts to Recruit 3-Way Partners for Anti-LGBTQ Wife Revealed: Report

“I’m testifying. I tell the truth. I mean, all I can do is tell the truth. And the truth is that there is no case,” he said, as NBC News reported.

NBC added last week that Trump “told Newsmax two weeks ago that he would testify ‘if necessary,’ and on Tuesday he said in an interview with Spectrum News 1 Wisconsin that he would ‘probably’ take the stand, adding that he ‘would like to.'”

But when Judge Merchan asked Todd Blanche, Trump’s attorney, on Thursday, the answer was very different.

“That’s another decision that we need to think through,” he said, according to the Associated Press.

But Politico’s Erica Orden reported, “Blanche says Trump hasn’t made a final decision about whether to testify.”

Last week, as the question of Trump’s testifying loomed large, U.S. Rep. Eric Swalwell (D-CA) insisted he would not.

“It’s over. Donald Trump has a right to not testify. Yet he PROMISED he would. Now it’s clear he won’t. The jury can’t consider this. But you can. He is chickenshit and you should conclude he’s guilty as hell.”

On Wednesday, attorney George Conway addressed the topic, saying, “If he doesn’t testify, it’s because he’s scared.”

He also said, “in a million years, I would never tell him to testify. I would tell him not to testify.”

Watch the video above or at this link.

READ MORE: Trump Wails His Judge Was Appointed by ‘Democrat Politicians’ – That’s False

 

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Ex-Florida GOP Chair’s Efforts to Recruit 3-Way Partners for Anti-LGBTQ Wife Revealed: Report

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A stunning police report reveals how Christian Ziegler, the now-ousted Florida Republican Party chair, would head out to bars to scope out and recruit women as possible three-way sex partners for himself and his stridently anti-LGBTQ wife, Moms for Liberty co-founder Bridget Ziegler.

The disgraced Florida power couple’s ménage à trois sex scandal made national headlines after an accusation of rape against Christian Ziegler came from one of their three-way sexual partners, an allegation he denied. After an investigation no charges were filed.

Christian Ziegler lost his high-paying job as the Florida GOP chairman, but his wife Bridget has refused to resign from her elected position on a school board, as well as from her position on the state board that now oversees the Walt Disney World special district. Bridget Ziegler, who is seen as an architect of Governor Ron DeSantis’ “Don’t Say Gay” law, reportedly is best friends with Florida First Lady Casey DeSantis, and was appointed to the special district role by the Florida GOP governor.

The Sarasota Police Dept. report, according to the Florida Trident, “recounts how Christian Ziegler went ‘on the prowl’ in bars for women to bring home to Bridget, a Sarasota County School Board member who has backed a number of anti-LGBTQ measures at both the state and local level, for threesome encounters. While at the bars, Christian would surreptitiously photograph prospective women and text the photos to Bridget for approval, according to the report.”

READ MORE: ‘Mouths of Sauron’: Critics Blast ‘Mobster Tactic’ of Trump Surrogates ‘Violating’ Gag Order

Some of the details are salacious.

“There were numerous text messages between Bridget and Christian where they are on the prowl for a female and Bridget is directing him to numerous different bars in search of a female that they are both interested in,” the report reads, according to The Trident. “During these conversations Christian is secretly taking photographs of women in the bars and sending them to Bridget asking her if she wants this one or that one. Bridget is telling him to pretend to take pictures of his beer, so they don’t see him taking pictures of them. She tells him ‘Don’t come home until your dick is wet.’”

The Zieglers are in court trying to block the release of the text messages and other media, alleging in a lawsuit against the Sarasota Police Dept. and the State Attorney’s Office that “release of those records would cause ‘great humiliation and harm to their individual reputations’ if released and therefore should be destroyed.”

“The suit specifically addresses the contents of Christian Ziegler’s cell phone, his social media accounts, web browsing history, and the video he made of the sexual encounter with the alleged rape victim,” the Trident reports.

Meanwhile, despite her own actions and after months of laying low, Bridget Ziegler is back on her anti-LGBTQ crusade.

“At last week’s school board meeting, Ziegler introduced a highly contentious resolution to ignore protections for LGBTQ students afforded by a new federal Title IX rule,” the Trident also reports. “The resolution, which followed a DeSantis legal challenge to Title IX at the state level, claims the new rule would cause ‘disastrous impacts to girls and women’s safety in restrooms, locker rooms, and sports.’ It passed by a 4-1 vote despite the fact it could lead to a federal investigation, expensive litigation, and the loss to the school district of roughly $50 million in federal funds.”

READ MORE: Trump Appears to Violate Gag Order After Judge Threatened ‘Incarceration’

 

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Trump Appears to Violate Gag Order After Judge Threatened ‘Incarceration’

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Despite New York Supreme Court Justice Juan Merchan explicitly warning Donald Trump last week that any future violations of his gag order could result in jail time, the ex-president appears to have done so directly on Thursday.

“A lead person from the DOJ is running the trial,” Trump claimed, obviously referring to prosecutor Matthew Colangelo, as Law & Crime reports.

“So Biden’s office is running this trial. This trial is a scam and it’s a sham and it shouldn’t happen,” Trump told reporters outside the courtroom.

Judge Merchan’s gag order specifically prohibits trump from attacking anyone in District Attorney Alvin Bragg’s office, except for the D.A. himself.

“Colangelo, a lead prosecutor in the case, was criticized one day earlier by Trump ally Rep. Jim Jordan, R-Ohio, largely raising the same complaints that Trump repeated outside of court,” Law & Crime noted.

READ MORE: ‘Ready to Start Another Insurrection’: Gaetz Support for Trump Echoes Proud Boys Order

The gag order explicitly states Trump is “directed to refrain 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; Making or directing others to make public statements” about attorneys “in the case other than the District Attorney,” “members of the court’s staff and the District Attorney’s staff, or the family members of any counsel or staff member” or “any prospective juror or any juror in this criminal proceeding.”

Ten days ago Merchan wrote in his order: “Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.”

Watch below or at this link.

 

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