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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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‘Antisemitism Is Wrong, But’: Marjorie Taylor Greene Pilloried for Promoting Antisemitic Claim

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U.S. Rep. Marjorie Taylor Greene (R-GA) was strongly criticized Wednesday after promoting a historically and biblically false, antisemitic claim while declaring antisemitism is wrong.

As the House voted on an antisemitism bill that would require the U.S. Dept. of Education to utilize a certain definition of antisemitism when enforcing anti-discrimination laws, the far-right Christian nationalist congresswoman made her false claims on social media.

“Antisemitism is wrong, but I will not be voting for the Antisemitism Awareness Act of 2023 (H.R. 6090) today that could convict Christians of antisemitism for believing the Gospel that says Jesus was handed over to Herod to be crucified by the Jews,” Greene tweeted.

The definition of antisemitism the House bill wants to codify was created by the International Holocaust Remembrance Alliance.

Congresswoman Greene highlighted this specific text which she said she opposes: “Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.”

READ MORE: MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

What Greene is promoting is called “Jewish deicide,” the false and antisemitic claim that Jews killed Jesus Christ. Some who adhere to that false belief also believe all Jews throughout time, including in the present day, are responsible for Christ’s crucification.

Greene has a history of promoting antisemitism, including comparing mask mandates during the coronavirus pandemic to “gas chambers in Nazi Germany.”

Political commentator John Fugelsang set the record straight:

“If only you could read,” lamented Rabbi Dr. Mark Goldfeder, Esq., CEO and Director of the National Jewish Advocacy Center. The Antisemitism Awareness Act “could not convict anyone for believing anything, even this historical and biblical inaccuracy. It only comes into play if there is unlawful discrimination based on this belief that targets a Jewish person. Do you understand that distinction @RepMTG ?”

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“Not surprising,” declared Jacob N. Kornbluh, the senior political reporter at The Forward, formerly the Jewish Daily Forward. “Rep. Marjorie Taylor Greene, who has been accused in the past of making antisemitic remarks — including her suggestion that a Jewish-funded space laser had sparked wildfires in California in 2018, voted against the GOP-led Antisemitism Awareness Act.”

Jewish Telegraphic Agency Washington Bureau Chief Ron Kampeas, an award-winning journalist, took a deeper dive into Greene’s remarks.

“Ok leave aside the snark. The obvious antisemitism is in saying ‘the Jews’ crucified Jesus when even according to the text she believes in it was a few leaders in a subset of a contemporary Jewish community. It is collective blame, the most obvious of bigotries.”

“The text she presumably predicates her case on, the New Testament,” he notes, “was when it was collated a political document at a time when Christians and Jews were competing for adherents and when it would have been plainly dangerous to blame Rome for the murder of God.”

“Yes,” Kampeas continues, “that take is obviously one that a fundamentalist would not embrace, but it is the objective and historical take, and *should* be available to Jews (and others!) as a means of explaining why Christian antisemitism exists, and why it is harmful.”

CNN’s Edward-Isaac Dovere also slammed Greene, saying she “is standing up for continuing to talk about Jews being responsible for the killing of Jesus. (John & Matthew refer to some Jews handing over Jesus to Pilate,not Herod. But also: many, including Pope Benedict, have called blaming Jews a misinterpretation)”

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MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

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Visitors to Oklahoma’s State Schools Superintendent’s personal social media page will notice a post vowing to “ban Critical Race Theory, protect women’s sports, and fight for school choice,” a post linking to a Politico profile of him that reads, “Meet the state GOP official at the forefront of injecting religion into public schools,” a photo of him closely embracing a co-founder of the anti-government extremist group Moms for Liberty, and a video in which he declares, “Oklahoma is MAGA country.”

This is Ryan Walters, a far-right Republican Christian nationalist who is making a national name for himself.

“God has a place in public schools,” is how Politico described Walters’ focus.

Last week the Southern Poverty Law Center published an extensive profile of Walters, alleging “hateful rhetoric toward the LGBTQ+ community, calls to whitewash curriculum, efforts to ban books, and attempts to force Christian nationalist ideology into public school classrooms.”

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“Walters is superintendent of public instruction, and public schools are supposed to serve students of all faiths, backgrounds and identities,” Sarah Kate Ellis, president and CEO of GLAAD, told SPLC.

Walters is supporting new legislation in Oklahoma that follows in Texas’ footsteps: allowing untrained, unlicensed, uncertified, and unregulated religious chaplains and ministers to be hired as official school counselors.

“We heard a lot of talk about a lot of those support staffs, people such as counselors, having shortages,” Rep. Kevin West, a Republican, said, KFOR reports. “I felt like this would be a good way to open that door to possibly get some help.”

Walters praised West, writing: “Allowing schools to have volunteer religious chaplains is a big help in giving students the support they need to be successful. Thank you to @KevinWestOKRep for being the House author for this bill. This passed the House yesterday and moves on to the Senate where @NathanDahm is leading the charge for this bill.”

As several Oklahoma news outlets report, there’s a wrinkle lawmakers may not have anticipated.

“With the Oklahoma House’s passage of Senate Bill 36, which permits the participation of uncertified chaplains in public schools, The Satanic Temple (TST) has announced its plans to have its Ministers in public schools in the Sooner State. If the bill advances through the Senate, this legislation will take effect on November 1, 2024. State Superintendent Ryan Walters, a vocal advocate for religious freedom in schools, has endorsed the legislation. The House approved SB 36 by a 54-37 vote on Wednesday,” a press release from The Satanic Temple reads. “The Satanic Temple, a federally recognized religious organization, has expressed its dedication to religious pluralism and community service.”

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Walters responded on social media to The Satanic Temple’s announcement.

“Satanists are not welcome in Oklahoma schools, but they are welcome to go to hell,” he wrote.

Former Lincoln Project executive director Fred Wellman served up an equally colorful response.

“Hahahaha!!! You are an idiot,” Wellman wrote. “How did you not see this coming? Satanists, Muslims, Jews, Buddhists, Pastafarians…come one come all! After all you’re not trying to establish Christianity as the state religion are you? We had a whole ass revolution about that. There are history books about it…oh…right. Not your thing. What a fool.”

The Freedom From Religion Foundation (FFRF) served up a warning.

“The state of Oklahoma cannot discriminate against people or groups based on their religious beliefs,” the non-profit group wrote. “Walters’ hateful message shows, one again, that he only believes in religious freedom for Christians and that he is unfit to serve in public office.”

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Potential Trump VP Pick Says ‘If You’re a Billionaire’ You Should Vote for Trump

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One of the possible picks to be Donald Trump’s vice presidential running mate, seen as “rapidly ascending” the list, is urging billionaires to vote for the ex-president.

North Dakota Republican Governor Doug Burgum “is quickly moving up former President Trump’s list of possible vice presidential picks because Trump’s team believes he would be a safe choice who could attract moderate voters,” Axios reported on Sunday. “Burgum is on a long list of VP contenders, but Trump’s rising interest in the North Dakota governor has been clear in recent weeks — and reveals his latest thinking about how he thinks his running mate could help him with undecided voters.”

Praising Governor Burgum, the National Review’s Michael Brendan Dougherty on Monday wrote he was “the only candidate in 2024 to easily exceed expectations in the debates.”

“He is a well-liked governor from a small state. He projects seriousness and sobriety, two qualities Pence also had that were important to balance the 2016 Republican ticket. Burgum is also good at championing Republican policy, including our desperately needed policies of energy abundance and supply-side reform. He is also the right age — 67 — with no signs of slowing down. Burgum needs to survive the millions poured into opposition research, but, if he does, I think he would bring credit and balance to the Republican ticket.”

READ MORE: ‘Next Week, Absolutely’: Marjorie Taylor Greene Says She Will Move to Oust Speaker Johnson

On Tuesday, Gov. Burgum, appearing on Fox News, told Laura Ingraham, “when you see someone who cares this deeply about this country, what he’s going through and what the Democrats and the liberal media is putting him through, and how he gets up and fights for every day people in America every day, and then his policies are all in the right direction.”

“If you’re a billionaire and you care about your shareholders, you care about your family and your grandkids, you should be voting for someone that’s going to bring prosperity to America and peace to the world, that’s what President Trump is going to do, that’s what he did for us when he was president,” Burgum claimed.

The Hill adds, “Ingraham suggested a lot of billionaires are still planning to support President Biden, especially those that are the ‘Wall Street types.’”

Last year, asked if he would ever do business with Trump, Bergum told NBC News, “I don’t think so,” and added, “I just think that it’s important that you’re judged by the company you keep.”

Some reports call Bergum a billionaire, while Forbes last year reported it “estimates Burgum’s net worth to be at least $100 million.”

Watch the video below or at this link.

READ MORE: Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

 

 

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