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Robicheaux et al. – Our Day in Federal Court

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Marriage Equality has swept the land over the last year since the ruling in Windsor vs. The United States. This week was no different with the striking of the Indiana ban and the 10th Circuit upholding a lower court’s decision in the Utah case.  Another case went to Federal Court this week – our very own little case here in Louisiana.

If you’ve been paying attention to my articles and following us, you’ve seen this little case evolve over the past 11 months. 

On Wednesday June 25th 2014, my husband and I woke up and did our morning routine. This morning would be a little different, we weren’t preparing for work, or to go on an outing.  We were preparing for Federal Court; the day had finally come for Louisiana’s equality case to go on trial.

As we entered the court room, which was filled to capacity with an overflow room next door, there was much chatter among the people, giving their opinions one way or another on what they thought the judge would say or ask. The feeling in the courtroom was one of excitement, but yet some caution. We felt the supporting vibe that was all around us and that would continue to follow us throughout the entire day.

Judge Feldman took his seat; he carefully explained what he expected in his courtroom. Feldman referred to the case as one of “insatiable national interest” and would not tolerate any outbursts. From the get go, the man commanded a certain kind of respect that, like him or not, you appreciated. Let me just say for the record, I like the man and highly respect him.

The judge allotted 30 minutes to each side. So the volleying of tennis match begins. The judge asked his questions, often times joking with the attorneys about needing whiskey in their cups instead of water — Because that’s how we roll in the Big Easy.

Feldman went on to say - 

“I wonder if the constitutional rights of the person in Windsor are properly defined as being the same rights as here today. Windsor basically said the federal government could not discriminate against New York. May or may not Louisiana do what the federal government cannot do itself?”

Feldman drilled his questions and statements out in commanding fashion, “I accept the fact the plaintiffs have a sense of having a grievance. The issue before the court is if that grievance rises to constitutional dignity.”

As the defense took the podium to hammer their side, the judge asks of Kyle Duncan, the lawyer from the attorney general’s office who represented the state: “There are 13 district courts that disagree with you. Why are you right? And keep in mind I mentored some of those judges.”

That state argued that in Windsor (the state only quoted from seven pages as their defense,) Kennedy wrote that the state of New York had a constitutional right to have its voters choose whether to have same-sex marriage and that the government could not interfere with that. Voters and Louisiana also had that same right when they put the marriage ban in place, according to Duncan.  While we disagree, the question will come down to does it violate federal constitutional rights?

After the arguments, the judge pulled something that I see daily as I watch Days of Our Lives. Originally it was decided by all parties, mainly Feldman, that the only section of the lawsuit that would be handled in this hearing was recognition of the out of state marriages, leaving the in state marriage question and the 1st amendment question to a later time. But Judge Feldman stated he did not want to “piecemeal” this decision.  “I feel uncomfortable resolving some issues one way or the other and not all issues one way or another,” explained Feldman.

Overall we are happy with that decision, giving the chance for every LGBT couple currently residing in Louisiana the opportunity to marry in their home. To deal with this issue, the judge brought counsel for all parties into his chambers. 

The ultimate decision is that Judge Feldman wants more briefs from the parties that will be due in 21 days. He will then decide if he wants replies from each side and then another oral argument session. In my opinion, and it’s my opinion only, I don’t think he will call for more arguments, everything was said today in court. I am taking a stab, but I believe that he will rule on this case sometime in mid to late August or early September. There is a lot of precedence out there for him to look at with all the other favorable district court rulings, not to mention a favorable higher court ruling in the 10th Circuit Court of Appeals that came down while we were in court.

We pray for a favorable ruling, and feel good about our day in court.  However the ruling comes out, we expect the state to appeal, and we will definitely appeal a non-favorable ruling. We have come too far on this path to stop now! On behalf of my husband and I, and all the other plaintiffs, I’d like to say thank you to everyone who has sent us words of encouragement, and has supported us from day one. You don’t know what it means to have those positive things flow into our email boxes and on face book, we see a lot of negativity out there so it’s nice to see your support and love– To keep up with our case please like our Facebook page and navigate to our website.

 

 

bio.jpgDerek Penton-Robicheaux, 36, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.

 After more than five years together, Derek and his husband, Jonathan Penton-Robicheaux, were legally married in Iowa on Sept. 23, 2012. The two are the first plaintiffs involved in the Federal Same-Sex Marriage Lawsuit in Louisiana, Robicheaux et al. v Caldwell.

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News

Congressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds

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May 3, 2024

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U.S. Rep. Mike Collins, Republican of Georgia, is under fire after praising University of Mississippi students, some wearing American flag outfits, mocking a Black woman protester by making monkey sounds and shouting, “lock her up.”

“Counter-protestors at the University of Mississippi made racist remarks — including monkey noises and comparisons to Lizzo — towards a Black woman who was part of a planned protest against the war in Gaza,” Los Angeles Magazine reported Friday.

Collins, who tried to defund Vice President Kamala Harris’ Office in November, declared his support for the counter-protesters at “Ole Miss,” as the University is called.

“Ole Miss taking care of business,” he wrote on social media, atop the video (below).

The counter-protesters, as evidenced in the video, appear to be mostly white.

A large number of users on the social media platform X responded, accusing the Congressman and the counter-protesters of racism.

“When is the inevitable ‘I don’t have a racist bone in my body’ tweet coming,” wondered Rewire News Group editor-at-large Imani Gandy.

“Which part is your favorite, Mike?” asked Fred Wellman, the former executive director of The Lincoln Project. “Is it the white kid acting like a monkey at the black woman or the white security guy acting like she’s a threat? I’m trying to figure out which flavor of racism has you all excited the most?”

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Harvard Law Cyberlaw Clinic clinical instructor Alejandra Caraballo responded to the Georgia GOP congressman, “Thanks for confirming you’re a massive racist piece of sh*t.”

Mississippi Free Press news editor Ashton Pittman wrote: “Rep. Mike Collins, R-Georgia, praises a video showing a University of Mississippi frat boy dancing like a monkey and making monkey noises near a Black woman student who was protesting for Palestine while other frat boys chant ‘lock her up.'”

In a separate post describing a separate video taken of the same group Pittman wrote: “Frat bros at @OleMiss chant, ‘Lizzo! Lizzo!’ and shout, ‘F**k you fatass, f**k you b*tch’ at a Black woman who was protesting for Palestine. Do people really think these counterprotestors are doing it to support Jews?”

Journalist John Harwood did not mince words, writing, “Congressman proud of the racism.”

“Okay, Mike. We get it,” wrote podcast host, documentary director, and author W. Kamau Bell. “You want to be famous for being a racist. Fine. I’ll help you become a famous racist. You’re welcome.”

The original video is here.

See Rep. Collins’ post and the video below or at this link.

Caution: the video is disturbing.

READ MORE: Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

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Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

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12 hours ago

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May 3, 2024

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Amid more damning revelations from her soon-to-be released book, embattled South Dakota Republican Governor Kristi Noem will head to Mar-a-Lago this weekend as ex-president Donald Trump auditions potential vice presidential picks in front of high-dollar donors. Noem was also slated to attend a Republican fundraiser in Colorado this weekend but it was canceled over alleged safety concerns after news broke she had bragged about shooting her 14-month old dog.

While Noem’s shooting to death of her wirehaired pointer, Cricket, which she detailed in the book, is still making headlines overnight a new revelation made news: Noem falsely claims in her book she met with North Korean dictator Kim Jong-un.

A spokesperson for Noem “seemed to concede that the Kim story was false Thursday night,” and notified her publisher, Politico’s Ryan Lizza reported in his exclusive.

But less noticed appears to be the actual text of Noem’s false story, in which she brands children she ministered in church “little tyrants,” and compared them to the murderous North Korean dictator.

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“Through my tenure on the House Armed Services Committee,” Noem wrote, according to Politico, “I had the chance to travel to many countries to meet with world leaders. I remember when I met with North Korean dictator Kim Jong Un. I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor, after all).”

CNBC reported this week Trump “will mingle with potential vice presidential running mates and wealthy Republican donors at the Republican National Committee’s spring donor retreat. The meetings are likely to act as informal tryouts for a short list of politicos in the running to join the Trump ticket.”

The list of Republican “special guests” includes U.S. Senators Marco Rubio, Tim Scott, and J.D. Vance, Rep. Elise Stefanik, North Dakota Governor Doug Burgum, and South Dakota Governor Kristi Noem.

Also expected to attend are House Speaker Mike Johnson, U.S. Reps. Byron Donalds of Florida and Wesley Hunt of Texas, former GOP presidential candidate Vivek Ramaswamy, and other elected Republicans along with RNC co-chair Lara Trump.

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NBC News, which says Rep. Donalds is also under consideration, on Friday added there will be “a fundraising retreat that could serve as a screening session” for potential vice presidential running mates.

Meanwhile, the Jefferson County, Colorado Republican Party chair announced a fundraising dinner Noem was slated to attend was canceled after threats were made, The Denver Post reports.

“We understood there was a planned organized protest outside of the hotel, led by Progress Now,” Nancy Pallozzi said. “I felt that our event would be negatively impacted, and we could not take the risk that those who made threats would cause physical harm.”

 

 

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RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties

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14 hours ago

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May 3, 2024

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Over the weekend independent 2024 presidential candidate Robert F. Kennedy, Jr. spoke at a fundraiser for a far-right anti-government group in Erie County, New York – a slice of the country that had a large proportion of residents arrested and charged for crimes related to the January 6 insurrection. Kennedy, a conspiracy theorist and vaccine denialist, increasingly is embracing the far-right.

“That group, Constitutional Coalition of New York State, has founders who not only have ties to Donald Trump but are also connected to the stop-the-steal movement through their activist network, which includes groups that had a presence at the Capitol on Jan. 6,” The Daily Beast reported Friday. “It’s yet another instance of Kennedy—who is mounting one of the most well-funded third-party presidential threats in decades—serving as a peculiar bridge between his own anti-establishment movement and Trump’s.”

The Southern Poverty Law Center includes the Constitutional Coalition of New York State (CCNYS) on its page of anti-government groups. Political Research Associates, which detailed the high proportion of January 6 residents arrested and charged, included the Constitutional Coalition of New York State in its February report on “The Rise of the Far Right in Western New York.”

READ MORE: Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report

“If you don’t think the government is lying to you, you’re not paying attention,” Kennedy told attendees at the CCNYS fundraiser, The Buffalo News reports.

“CCNYS founders Nick and Nancie Orticelli are also affiliated with the Watchmen, a nearby militia who Nick has encouraged his social media followers to join. The Watchmen had several members at the Capitol on Jan. 6, and one member, Pete Harding, is still facing charges for violent entry and disorderly conduct on Capitol grounds,” The Daily Beast noted. “Nancie Orticelli has also hosted the Watchmen’s founder, Charles Pellien, on her weekly radio show on several occasions.”

One of Kennedy’s goals in traveling to New York was to get on the ballot for the November presidential election. Various polls show him taking votes from both President Joe Biden and ex-president Donald Trump, but Kennedy currently has only qualified to be on the ballot in three states, Utah, Michigan and Hawaii, the newspaper reported.

But The Washington Post on Thursday reported The American Independent Party of California, which has a history of “far-right ties,” and “backed segregationist and former Alabama governor George Wallace in 1968, nominated Kennedy for president.”

Kennedy “said this week that he has qualified to be on the ballot in California and will accept the nomination of the American Independent Party, which has a history of associating itself with far-right figures and individuals who have expressed racist views.”

Some news reports and RFK Jr. himself say the Trump campaign was actively courting Kennedy, attempting to convince him to consider being the ex-president’s 2024 vice presidential running mate.

“That MAGA dalliance with Kennedy could be coming back to bite the Trump campaign, some Republicans close to the former president worry,” The Daily Beast also reported.

“’They can only blame themselves,’ a Trump-aligned strategist told The Daily Beast, requesting anonymity to speak candidly about private conversations about the risk Kennedy poses, ‘because they cozied up to him and thought it was funny.’”

Watch WIVBTV’s report on Kennedy’s trip to New York below or at this link.

READ MORE: Trump Won’t Commit to Accepting Election Results if He Doesn’t Win State He Falsely Claims He Won

 

 

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