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Anti-Gay Texas State Lawmaker: Marriage Equality Doesn’t Exist (Audio)

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Democrat Responds To Homophobic Lawmaker: ‘Them’s The Rules, Bubby’

Anti-gay Texas Tea Party state Rep. Cecil Bell is in serious denial about same-sex marriage. 

During a panel discussion in Austin last month, Bell claimed that despite the U.S. Supreme Court’s ruling in Obergefell v. Hodges, marriage equality doesn’t exist in Texas.

Bell, (R-Magnolia), the author of failed legislation seeking to undermine the high court’s ruling, has also called for the impeachment of justices who were in the majority. He made the comments in response to a question about why he doesn’t consider Obergefell to be the law of the land. 

“In fact, our Constitution has in place provisions that say the court cannot make law,” Bell said. “So, the very laws that you’re talking about enforcing don’t exist, and the Supreme Court cannot create those laws. In order for a clerk in Texas or in any other state to have the legal authority to issue a same-sex marriage license, the state Legislature will have to act to affirm that legal right. Otherwise we have granted to the federal court system through the Supreme Court or a lower federal court the lawmaking provisions that are specifically withheld from the court.” 

Bell’s statement drew a strong rebuke from state Rep. Rafael Anchia, (D-Dallas), a staunch LGBT ally who was also a member of the panel. 

“There’s this new case, I don’t know if any of you have seen it, it’s called Marbury v. Madison,” Anchia said sarcastically, referring to the iconic 1803 case that cemented the Court’s mandate of judicial review. His comment elicited laughter from the audience.

“It kind of puts in place the judicial branch’s ability to interpret the law, and then we do have supremacy principles. Again, not very well known out there, but them’s the rules, Bubby, and that’s where we sort of end up. It’s interesting when my esteemed colleague says there are no laws in place and we should respect the constitutional principles here. Well, the constitutional principle is the 14th Amendment, and that’s what being discussed. Do people have equal protection under the law? And to me, it’s kind of straightforward in that respect.” 

Bell responded that the 14th Amendment was intended to give freed slaves equal rights, not legalize same-sex marriage. He suggested that Anchia wanted to “throw out the Constitution.”

“It may be, ‘Them’s the rules, Bubby,’ but the truth of the matter is, that’s not what our forefathers said, that’s what this generation says,” Bell said. 

LOOK: Anti-Gay State Rep. Cecil Bell Thinks Texas Sovereignty Is A Thing, Totally Trumps Federal Law

Anchia, who’s Latino, noted that the 14th Amendment also protects his civil rights, even though they weren’t contemplated at the time.

“There are a number of different groups that are covered by the 14th Amendment despite what gave rise to the ratification in 1870,” Anchia said. “I kind of like the 14th Amendment. I would not throw that out, because it protects me against bigots.”

“I think bigots have used religion to discriminate against people for a long time,” Anchia added. “Religion has been used as pretext to discriminate against African-Americans, against women, against gay people, for a very long time.”

Anchia also held up a photo of John Stone-Hoskins, who successfully sued Texas in the wake of Obergefell after he was denied an accurate death certificate for his late husband. Anchia said he was supposed to have lunch with Stone-Hoskins on the day of the panel discussion, but Stone-Hoskins died in early October. 

“When you talk about people wanting to delay and demure and fight against the implementation of civil rights, it has real impact on real people, and this is one of them,” Anchia said. 

When Anchia asked what people like Stone-Hoskins should do when they’re denied civil rights, Bell said they should “continue to live the way they’re living.”

“The do have civil rights,” Bell said. “They have the freedom to speak. They’re not a privileged class, which is the effort here.” 

The panel also featured Brantley Starr, deputy Texas attorney general; Jonathan Saenz, president of the anti-LGBT hate group Texas Values; and Travis County Clerk Dana DeBeauvoir, a marriage equality supporter who issued a license to a same-sex couple in February under a court order.

Starr was asked about anti-gay Republican Attorney General Ken Paxton‘s post-Obergefell opinion encouraging county clerks to defy the ruling. 

“He was saying if clerks have religious objections, state law allows them to delegate to others in their office,” Starr said. “He was simply encouraging people to recognize those longstanding rights of the employees and the clerks themselves, and not necessarily telling offices they should shut down and not issue licenses.” 

DeBeauvoir responded that Paxton’s opinion created confusion among clerks. One Texas clerk, Hood County’s Katie Lang, was sued for refusing to issue a marriage license to a same-sex couple, resulting in a $40,000 settlement. 

“Many county clerks around the state read his letter to say, ‘I’m free of this now, I don’t have to do this,'” DeBeauvoir said. “With all due respect to the attorney general, he did those county clerks no favor at all.” 

Saenz suggested that DeBeauvoir should have been jailed for issuing a same-sex marriage license in February, comparing her to Kentucky clerk Kim Davis. He alleged that same-sex marriage supporters want to punish people for exercising their religious liberties.  

“It’s a dangerous environment that we live in,” Saenz said. 

DeBeauvoir responded that during her 29 years in office, she’s followed the law despite her personal beliefs. 

“I was required to discriminate against my fellow brothers and sisters and not issue marriage licenses when it was a matter of civil rights,” DeBeauvoir said. “Kim Davis was not thrown in jail for something about her religious obligations. She was thrown in jail for violating the law, for taking over her office and using it as a tool to impose her religious beliefs on everyone else in her county.” 

Listen to the full discussion below. 

https://soundcloud.com/texas-tribune-festival/ttf15-gay-rights-states-rights

 

EARLIER:

Lawmaker Totally Certain His Unconstitutional Bill Will Override Supreme Court Marriage Ruling

GOP Lawmaker Pushes Bill To Defund Same-Sex Marriage

Texas Legislator Throws a Tantrum Trying To Stop Marriage Equality

  

Image: Screenshot via Agendawise/YouTube

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OPINION

Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

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With little more than six months until Election Day, Donald Trump is preparing for an “authoritarian” presidency, and a massive, multi-million dollar operation called Project 2025, organized by The Heritage Foundation and headed by a former top Trump White House official, is proposing what it would like to be his agenda. In its 920-page policy manual the word “abortion” appears, by NCRM’s count, nearly 200 times.

Trump appears to hold a more narrow grasp of the issue of abortion, and is holding on to the framing he recently settled on, which he hoped would end debate on the issue after the U.S. Supreme Court overturned Roe v. Wade. One day before the Arizona Supreme Court ruled an 1864 law banning abortion was still legal and enforceable, Trump declared states have total control over abortion and can do whatever they like.

Despite the results of that framing, Trump is sticking with that policy.

In a set of interviews with TIME‘s Eric Cortellessa, published Tuesday, the four-times indicted ex-president said he would not stop states from monitoring all pregnancies within their borders and prosecuting anyone who violates any abortion ban, if he were to again become president. He also refused to weigh in on a nationwide abortion ban or on medication abortion.

READ MORE: ‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

Recently, Trump backed away from endorsing a nationwide abortion ban, but in the past he has said there should be “punishment” for women who have abortions. The group effectively creating what could become his polices, The Heritage Foundation and its Project 2025, fully support a ban on abortion.

The scope of the TIME interviews was extensive.

“What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world,” Cortellessa writes in his article.

“To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding.”

TIME’s Cortellessa also notes that Trump “is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.”

READ MORE: ‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

On abortion, Trump has repeatedly bragged he personally ended Roe v. Wade, which was a nearly 50-year old landmark Supreme Court ruling that found women have a constitutional right to abortion, and by extension, bodily autonomy.

But Trump has also “sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. ‘I think they might do that,’ he says.”

“When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, ‘It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.’ President Biden has said he would fight state anti-abortion measures in court and with regulation,” Cortellessa adds.

Trump in his TIME interview continued to hold on to the convenient claim as president he would have absolutely nothing to do with abortion.

But “Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to ‘the moment of fertilization.’ I ask Trump if he would veto that bill if it came to his desk. ‘I don’t have to do anything about vetoes,’ Trump says, ‘because we now have it back in the states.'”

That’s inaccurate, if a national abortion ban, or any legislation on women’s reproductive rights, comes to his desk. And they will, if there’s a Republican majority in the House and Senate.

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

Brooke Goren, Deputy Communications Director for the Democratic National Committee (DNC) writes, “In the same interview, Trump:
– Repeatedly refuses to say he wouldn’t sign a national ban
– Left the door open to signing legislation that could ban IVF
– Stood by his allies, who are making plans to unilaterally ban medication abortion nationwide if he’s elected.”

Cortellessa ends his piece with this thought: “Whether or not he was kidding about bringing a tyrannical end to our 248-year experiment in democracy, I ask him, Don’t you see why many Americans see such talk of dictatorship as contrary to our most cherished principles? Trump says no. Quite the opposite, he insists. ‘I think a lot of people like it.'”

The Bulwark’s Bill Kristol, once a hard-core conservative Republican, now a Democrat as of 2020, served up this take on TIME’s Trump interview and overview of a second Trump reign.

“Some of us: A second term really would be far more dangerous than his first, it would be real authoritarianism–with more than a touch of fascism.

Trump apologists: No way, calm down.

Trump: Yup, authoritarianism all the way!”

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News

‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

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New York Supreme Court Justice Juan Merchan found Donald Trump in criminal contempt of court for nine violations of his gag order, and served up a threat of time behind bars if he continues down that path. Some legal experts say Merchan’s punishment could have been broader or stronger, while others called it a “smart move.”

Justice Merchan fined Trump $1000 per violation, the maximum allowed under New York law, and warned the ex-president he could face time in jail if he continues to violate the order.

“Defendant is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment,” Justice Merchan wrote.

Merchan also gave Trump until 2:15 PM to remove the nine social media and campaign website posts that violated his gag order.

READ MORE: ‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

“Trump will see Justice Merchan’s $9,000 fine for violating the gag order as a reasonable cost for the ability to continue attacking the judge, court and rule of law. It won’t stop him,” warned Bloomberg Opinion executive editor Tim O’Brien, who is the author of a 2005 book on Trump.

Calling the opinion “well-reasoned” and “balanced,” professor of law Ryan Goodman, a former Special Counsel for the U.S. Dept. of Defense, made a point of noting its historic nature:

Professor of law and former FBI General Counsel Andrew Weissmann lamented Justice Merchan’s missed opportunity.

“Judge missed an opportunity to impose a monitor over his social media posts and to suggest the penalty will be considered at end of trial.”

But national security attorney Brad Moss praised the punishment in Merchan’s contempt finding.

“Smart move by Merchan. This is the first criminal contempt finding. It’s a warning to Trump that the games won’t be tolerated. If he does it again, and Merchan does have to cross the rubicon and jail him, it strengthens Merchan’s argument on appeal.”

READ MORE: Peter Navarro’s Latest Attempt to Get Out of Jail Smacked Down by SCOTUS
 

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‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

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South Dakota Republican Governor Kristi Noem‘s bragging about dragging her 14-month old puppy into a gravel pit and shooting her to death because she “hated” the dog is likely the end of her political career, right-wing pundits are now saying.

On Friday when The Guardian broke the news in a preview of Noem’s upcoming book, outrage on the left was immediate, but outrage on the right trickled in, then increased. Even with Noem doubling down, declaring her killing of the puppy (and a goat that same day, same way) happened 20 years ago, people on the right are expressing anger.

A Democratic pollster says 81% of Americans oppose Noem killing her puppy, The Guardian later reported.

“After learning about Gov. Noem’s actions, only 14% consider her to be a good choice for vice president on the Republican ticket. By a 2:1 margin, even Republicans say the governor would not be a good choice (42% vs. 21%),” the pollster, New River Strategies, stated.

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

Noem’s book, “No Going Back,” to be released May 7, has a number one ranking at Amazon. Publisher Center Street, a Hachette Book Group imprint, also publishes other right-wing politicians including Ben Carson, Newt Gingrich, and Vivek Ramaswamy. Endorsing the book are other right-wingers, including Donald Trump, Fox News’ Rachel Campos-Duffy, athlete and anti-trans activist Riley Gaines, and anti-LGBTQ extremist group creator Chaya Raichik of Libs of TikTok.

On Monday, as Mediaite reported, two Fox News pundits had had it.

Jason Chaffetz, a former GOP Congressman, said, “she just destroyed her political career. I don’t think there’s anybody on any side of the aisle, any human being that thinks it’s acceptable to go to a gravel pit and shoot a dog in the face and kill it when it’s 14 months old. That’s. I mean, that’s just hideous. So she’s done politically, and I’m a friend of hers. I served with her, but politically, there’s no recovering from this.”

Fox News media analyst Joe Concha said, “as a dog owner my whole life,” the story of Noem shooting her dog “absolutely makes my blood boil.”

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

“How utterly heartless do you have to be to shoot a 14-month-old dog in the face? Because look, if it wasn’t doing its job on the farm, or is attacking chicken or people, okay, you’re a public figure, or at least you have a platform in some way, shape, or form. Even if you’re a private citizen, you very easily could have posted somewhere, ‘I’m putting my dog up for adoption because maybe it’s not working out here on the ranch,’ and I can guarantee you many people would have raised their hand to take that dog in,” Concha said, adding, “she just destroyed any chance she had of being Donald Trump’s vice president, if she had any chance at all. There’s no going back from this.”

Right wing talk show host Megyn Kelly said Trump is “too smart” to “pick somebody who’s managed to do the impossible and unite Democrats and Republicans alike in their anger for this woman who shot her puppy in the face.”

At the right wing National Review, Jeffrey Blehar writes: “Let’s Get a Warrant for Kristi Noem’s Backyard.”

“I guess I just don’t like people who boast about shooting puppies,” Blehar adds on social media. “And goats. And horses. And who knows what else, until cops have done an aerial scan of the property and gotten a backhoe out to excavate the suspicious piles of dirt.”

 

 

 

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