Kentucky Judge Refuses to Hear Any Case Involving a ‘Practicing Homosexual’ Wanting to Adopt a Child
Breach of Ethics?
A Kentucky family court judge has announced he will not hear adoption cases involving any “practicing homosexual” or “homosexual parties” because it would not be in the “best interests of the child” to allow same-sex couples or LGBT people to be parents.
Judge W. Mitchell Nance, who was re-elected to an 8-year term when he ran unopposed in 2014, on Thursday issued an order saying he has the right and the obligation to recuse himself from any case in which he might have a personal bias.
The Courier-Journal reports Judge Nance says that “as a matter of conscience†he believes that “under no circumstance†would “the best interest of the child be promoted by the adoption by a practicing homosexual.”
Nance told the Courier-Journal in an interview, “I stand behind the law I have cited, the matter of conscience I addressed and the decision I have made.”
Asked if judges who oppose capital punishment should be able to recuse themselves from death penalty cases, he said, “I really have not thought about that enough to given an intelligent answer.”
Judge Nance’s stance, however, may be a problem.
“He has taken an oath to uphold the law, which by virtue of the equal protection clause does not tolerate discrimination on the basis of race, religion or sexual orientation,” Indiana University law school professor Charles Geyl, a judicial ethics expert, says. “If he is unable to set his personal views aside and uphold the law — not just in an isolated case, but with respect to an entire class of litigant because he finds them odious — it leads me to wonder whether he is able to honor his oath.”
Nance, not surprisingly, has been described by local attorneys as highly religious and opposed to divorce, The Courier-Journal notes.
“Even in uncontested divorces involving no children, he makes the parties appear in court, offers them condolences on the demise of their marriage and makes them explain why it didn’t work out.”
Attorneys say he also asked divorce litigants where they go to church and whether they are a true believer.
It’s unclear if that, too, is within the confines of proper judicial ethics.
Judge Nance notified local lawyers they will need to request a different judge should they have an adoption case involving LGBT people or same-sex couples.
But clearly the average person would have reason to believe Judge Nance’s personal biases extend past adoption.
“Lawyers say Nance will now also have to disqualify himself from any litigation involving gay people, including divorces involving a spouse coming out of the closet. He said he understands that gays and lesbians would have reservations about appearing before him.”
It would seem that any LGBT person who Judge Nance ruled against might have reason to contest the ruling, as might any person who thinks the judge thought they are not a “true believer.”
Would a defendant or plaintiff whose views on marriage equality or rights of LGBT people are different than Judge Nance’s have reason to question his ability to be fair? Would they also have reason to question his rulings?
Dan Canon, a Louisville lawyer who helped win the right of same-sex marriage in Kentucky, said: “The bottom line is if this judge can’t fulfill his duties because of his personal biases, he should resign.â€Â Chris Hartman, director of the Fairness Campaign, said, “If he can’t do the job, he shouldn’t have the job.â€Â
The Glasgow Daily Times adds that “Nance performs marriages, but said he has never been asked to marry a gay couple. If he were asked, Nance said he would decline to perform the marriage rights.”
Depending on Kentucky law, that too could pose a problem for Nance.
Judge Nance is up for re-election in 2023.
To comment on this article and other NCRM content, visit our Facebook page.Â
Image by Victoria Pickering via Flickr and a CC license
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
 |
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?”
READ MORE: MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions
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.
Ole Miss taking care of business. pic.twitter.com/JiL9hs2pHz
— Rep. Mike Collins (@RepMikeCollins) May 3, 2024
READ MORE: Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
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.
READ MORE: RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties
“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.
READ MORE: Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report
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.”
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
Congressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds
Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties
Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report
Trump Won’t Commit to Accepting Election Results if He Doesn’t Win State He Falsely Claims He Won
News2 days agoCongressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds
News2 days agoNoem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
News2 days agoRFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties