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Breaking: Texas State Judge Rules Same-Sex Marriage Ban Unconstitutional

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Texas state district judge Barbara Nellermoe has ruled the Lone Star state’s ban on same-sex marriage is unconstitutional. The case was brought by a woman, Allison Flood Lesh (image), seeking to divorce her wife of three years, to gain visitation rights for her child.

Judge Nellermoe Tuesday ruled that a “failure in Texas to afford the same presumption of parenthood to the wife of a child’s birth mother as it does to a husband of the birth mother violates the Equal Protection Clause.”

After the ruling, Texas Attorney General Greg Abbott, running to become the next governor, demanded the state be allowed to defend its law in court. He’ll be appealing the ruling.

There is no indication that same-sex couples in Texas can now marry.

In February, U.S. Federal District Court Judge Orlando Garcia found Texas’ ban on same-sex marriage unconstitutional, but stayed his ruling pending appeal.

Yesterday also, a new poll found that, for the first time ever, more Texas residents support the right of same-sex couples to marry than oppose it — by a one-percent margin. Now 48 percent of Texans support marriage equality, 47 percent do not.

Watch as Allison Flood, who was wed in Washington, D.C., shares her joy over the ruling that will reunite her with her daughter:

http://www.foxsanantonio.com/template/flashplayers/jwplayer/dev/files/embed.html?video=2014/04/clips/YzI2YzQzM2E4NTlm&cdn=kabb&adzone=/4756/KABB/Web/News&autoP=false&poster=/news/features/top-stories/stories//images/YzI2YzQzM2E4NTlm_3281.jpg&event=iframe player

Editor’s note: An earlier version of this story reported the ruling was released Wednesday. It was released Tuesday. 

Video via KABB Fox 29

Hat tip: Joe Jervis

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News

Noem Doubles Down With ‘Legal Cover’ For Shooting Her Puppy to Death

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South Dakota Republican Governor Kristi Noem has been under bipartisan fire since Friday after an excerpt from her soon-to-be published book reveals her bragging about shooting to death her 14-month old puppy, and later that day, a goat. Noem, considered at least until last week a top contender to be Donald Trump’s vice presidential running mate, is doubling-down defending herself but now she’s serving up some “legal cover” as well.

“I can understand why some people are upset about a 20 year old story of Cricket, one of the working dogs at our ranch, in my upcoming book — No Going Back. The book is filled with many honest stories of my life, good and bad days, challenges, painful decisions, and lessons learned,” she wrote on Sunday, after The Guardian‘s damning report. “The fact is, South Dakota law states that dogs who attack and kill livestock can be put down. Given that Cricket had shown aggressive behavior toward people by biting them, I decided what I did.”

Law & Crime on Monday reports the governor is “providing herself legal cover for the act.”

Noem “acknowledged that ‘some people’ were upset about the story — and she specified that it happened two decades ago, seeming to place the incident well beyond the statute of limitations.”

RELATED: Noem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’

“Noem additionally cited South Dakota law in support of her decision,” Law & Crime adds, noting the “reported book excerpt had said that Cricket tried to bite Noem and attacked her chickens.”

“The fact is, South Dakota law states that dogs who attack and kill livestock can be put down,” Noem wrote, an apparent attempt to preempt any possible legal issues. “Given that Cricket had shown aggressive behavior toward people by biting them, I decided what I did.”

Law & Crime explains that “South Dakota notes that an exemption to animal cruelty laws is the ‘destruction of dangerous animals.’ The law specifies that ‘[a]ny humane killing of an animal’ and ‘[a]ny reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property’ are exempt from prosecution.”

Noting that Noem’s attempt “to lean into the right’s embrace of political incorrectness … didn’t fly with members of her own party,” The Daily Beast pointed to well-known Republicans including former Trump White House communications director Alyssa Farrah Griffin and Meghan McCain who publicly condemned Noem’s actions.

READ MORE: President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off

The Guardian’s excerpt from Noem’s book does not state that Cricket bit people, although Noem states Cricket “whipped around” to bite her. It’s possible biting others is in the book but did not make it into The Guardian’s report.

Describing Cricket killing chickens, Noem “grabbed Cricket, she says, [and] the dog ‘whipped around to bite me’. Then, as the chickens’ owner wept, Noem repeatedly apologised, wrote the shocked family a check ‘for the price they asked, and helped them dispose of the carcasses littering the scene of the crime’.”

“Through it all, Noem says, Cricket was ‘the picture of pure joy’,” The Guardian reports. “’I hated that dog,’ Noem writes, adding that Cricket had proved herself ‘untrainable’, ‘dangerous to anyone she came in contact with’ and ‘less than worthless … as a hunting dog’.”

Meanwhile, MSNBC’s “Morning Joe” co-hosts Joe Scarborough and Mika Brzezinski on Monday said Noem’s pride and decision making surrounding killing the puppy make her unfit to be “in charge.”

Describing how she grew up on a family farm, Brzezinski said they hunted, and “there was absolutely a dense of life and death.” There was “never a joy in killing and there was a respect to it, and a process if you were hunting.”

READ MORE: CNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial

“But this story was more about how she felt killing an animal, and that’s what’s scary about it – the impatience, kind of like a switch flipped in her brain and she decided she needed to kill it? Like this is not someone you want in charge, not someone thinking through the process of life and death.”

“The most remarkable part of it,” Scarborough added, “is that the conservative movement has been so corrupted by Donald Trump and his reached such new lows, that she actually put that in, about the killing of a happy puppy because she thought it would help her with the base.”

Watch below or at this link.

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OPINION

Noem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’

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Republican Governor Kristi Noem of South Dakota, a top potential Trump vice presidential running mate pick, revealed in a forthcoming book she “hated” her 14-month old puppy and shot it to death. Massive online outrage ensued, including accusations of “animal cruelty” and “cold-blooded murder,” but the pro-life former member of Congress is defending her actions and bragging she had the media “gasping.”

“Cricket was a wirehair pointer, about 14 months old,” Noem writes in her soon-to-be released book, according to The Guardian which reports “the dog, a female, had an ‘aggressive personality’ and needed to be trained to be used for hunting pheasant.”

“By taking Cricket on a pheasant hunt with older dogs, Noem says, she hoped to calm the young dog down and begin to teach her how to behave. Unfortunately, Cricket ruined the hunt, going ‘out of her mind with excitement, chasing all those birds and having the time of her life’.”

“Then, on the way home after the hunt, as Noem stopped to talk to a local family, Cricket escaped Noem’s truck and attacked the family’s chickens, ‘grabb[ing] one chicken at a time, crunching it to death with one bite, then dropping it to attack another’.”

READ MORE: President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off

“Cricket the untrainable dog, Noem writes, behaved like ‘a trained assassin’.”

Except Cricket wasn’t trained. Online several people with experience training dogs have said Noem did everything wrong.

“I hated that dog,” Noem wrote, calling the young girl pup “untrainable,” “dangerous to anyone she came in contact with,” and “less than worthless … as a hunting dog.”

“At that moment,” Noem wrote, “I realized I had to put her down.”

“It was not a pleasant job,” she added, “but it had to be done. And after it was over, I realized another unpleasant job needed to be done.”

The Guardian reports Noem went on that day to slaughter a goat that “smelled ‘disgusting, musky, rancid’ and ‘loved to chase’ Noem’s children, knocking them down and ruining their clothes.”

She dragged both animals separately into a gravel pit and shot them one at a time. The puppy died after one shell, but the goat took two.

On social media Noem expressed no regret, no sadness, no empathy for the animals others say did not need to die, and certainly did not need to die so cruelly.

READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

But she did use the opportunity to promote her book.

Attorney and legal analyst Jeffrey Evan Gold says Governor Noem’s actions might have violated state law.

“You slaughtered a 14-month-old puppy because it wasn’t good at the ‘job’ you chose for it?” he asked. “SD § 40-1-2.3. ‘No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal.'”

The Democratic National Committee released a statement saying, “Kristi Noem’s extreme record goes beyond bizarre rants about killing her pets – she also previously said a 10-year-old rape victim should be forced to carry out her pregnancy, does not support exceptions for rape or incest, and has threatened to throw pharmacists in jail for providing medication abortions.”

Former Trump White House Director of Strategic Communications Alyssa Farah Griffin, now a co-host on “The View” wrote, “There are countless organizations that re-home dogs from owners who are incapable of properly training and caring for them.”

The Lincoln Project’s Rick Wilson blasted the South Dakota governor.

“Kristi Noem is trash,” he began. “Decades with hunting- and bird-dogs, and the number I’ve killed because they were chicken-sharp or had too much prey drive is ZERO. Puppies need slow exposure to birds, and bird-scent.”

“She killed a puppy because she was lazy at training bird dogs, not because it was a bad dog,” he added. “Not every dog is for the field, but 99.9% of them are trainable or re-homeable. We have one now who was never going in the field, but I didn’t kill her. She’s sleeping on the couch. You down old dogs, hurt dogs, and sick dogs humanely, not by shooting them and tossing them in a gravel pit. Unsporting and deliberately cruel…but she wrote this to prove the cruelty is the point.”

Melissa Jo Peltier, a writer and producer of the “Dog Whisperer with Cesar Millan” series, also heaped strong criticism on Noem.

“After 10+ years working with Cesar Millan & other highly specialized trainers, I believe NO dog should be put down just because they can’t or won’t do what we decide WE want them to,” Peltier said in a lengthy statement. “Dogs MUST be who they are. Sadly, that’s often who WE teach them to be. And our species is a hot mess. I would have happily taken Kristi Noem’s puppy & rehomed it. What she did is animal cruelty & cold blooded murder in my book.”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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OPINION

President Hands Howard Stern Live Interview After NY Times Melts Down Over Biden Brush-Off

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President Joe Biden gave an nearly-unannounced, last-minute, live exclusive interview Friday morning to Howard Stern, the SiriusXM radio host who for decades, from the mid-1990s to about 2015, was a top Trump friend, fan, and aficionado. But the impetus behind the President’s move appears to be a rare and unsigned statement from the The New York Times Company, defending the “paper of record” after months of anger from the public over what some say is its biased negative coverage of the Biden presidency and, especially, a Thursday report by Politico claiming Times Publisher A.G. Sulzberger is furious the President has refused to give the “Grey Lady” an in-person  interview.

“The Times’ desire for a sit-down interview with Biden by the newspaper’s White House team is no secret around the West Wing or within the D.C. bureau,” Politico reported. “Getting the president on the record with the paper of record is a top priority for publisher A.G. Sulzberger. So much so that last May, when Vice President Kamala Harris arrived at the newspaper’s midtown headquarters for an off-the-record meeting with around 40 Times journalists, Sulzberger devoted several minutes to asking her why Biden was still refusing to grant the paper — or any major newspaper — an interview.”

“In Sulzberger’s view,” Politico explained, “only an interview with a paper like the Times can verify that the 81-year-old Biden is still fit to hold the presidency.”

But it was this statement that made Politico’s scoop go viral.

READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

“’All these Biden people think that the problem is Peter Baker or whatever reporter they’re mad at that day,’ one Times journalist said. ‘It’s A.G. He’s the one who is pissed [that] Biden hasn’t done any interviews and quietly encourages all the tough reporting on his age.'”

Popular Information founder Judd Legum in March documented The New York Times’ (and other top papers’) obsession with Biden’s age after the Hur Report.

Thursday evening the Times put out a “scorching” statement, as Politico later reported, not on the newspaper’s website but on the company’s corporate website, not addressing the Politico piece directly but calling it “troubling” that President Biden “has so actively and effectively avoided questions from independent journalists during his term.”

Media watchers and critics pushed back on the Times’ statement.

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

“NYT issues an unprecedented statement slamming Biden for ‘actively and effectively avoid[ing] questions from independent journalists during his term’ and claiming it’s their ‘independence’ that Biden dislikes, when it’s actually that they’re dying to trip him up,” wrote media critic Dan Froomkin, editor of Press Watch.

Froomkin also pointed to a 2017 report from Poynter, a top journalism site published by The Poynter Institute, that pointed out the poor job the Times did of interviewing then-President Trump.

Others, including former Biden Deputy Secretary of State Brian McKeon, debunked the Times’ claim President Biden hasn’t given interviews to independent journalists by pointing to Biden’s interviews with CBS News’ “60 Minutes” and a 20-minute sit-down interview with veteran journalist John Harwood for ProPublica.

Former Chicago Sun-Times editor Mark Jacob, now a media critic who publishes Stop the Presses, offered a more colorful take of Biden’s decision to go on Howard Stern.

The Times itself just last month reported on a “wide-ranging interview” President Biden gave to The New Yorker.

Watch the video and read the social media posts above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

 

 

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