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John Boehner Thinks Gay Marriage Should Be Banned Because Of Polygamy

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Paul Clement, a high profile attorney hand-picked by John Boehner — who is spending 1.5 million tax dollars to defend a federal ban on gay marriage —  is arguing DOMA must live because of polygamy.

Speaker of the U.S. House of Representatives, John Boehner, decided last year to invest $1.5 million — your tax dollars — to defend DOMA, the Defense of Marriage Act that bans the federal government from recognizing same-sex marriages, after President Obama and Attorney General Eric Holder both declared the 1996 law to be unconstitutional. Literally dozens of federal judges have weighed in since — and agreed with the President.

Speaker Boehner tasked the Bipartisan Legal Advisory Group (BLAG) to defend DOMA, and appointed a handpicked high profile private attorney, Paul Clement, to defend challenges to DOMA in federal court. Clement’s batting average for all the DOMA cases he’s defended is .000. Clement, who also famously lost the fight to strike down Obamacare, is a a former United States Solicitor General who served under President George W. Bush.

Now, Paul Clement, hand-picked by John Boehner, is arguing that DOMA must live because of polygamy.

In the heartbreaking case of Windsor v. United States, Edie Windsor, an 83-year old widow who is fighting — and has won in several federal courts — a “death tax” of $363,000 that, if the federal government recognized her legal marriage to her wife who passed away, she would not have pay. Windsor married Thea Syper two years before her death, although the couple had been together for 40 years.

“The lawyer [Paul Clement] for House Republican leaders had to reach all the way back to 1885 today when asked where the ‘traditional understanding’ of marriage could be found in federal case law — referring to a case dealing with polygamy in the Utah territory,” Chris Geidner, writing at Buzzfeed yesterday, reported on the Second Circuit Court of Appeals trial in New York:

That case, decided about polygamy in Utah before women were guaranteed the right to vote, came only 20 years after the end of the Civil War and more than 80 years before the court would strike down bans on interracial marriage. Today, it was one of the underlying arguments in House Republican leaders’ case that the Supreme Court recognizes a “traditional understanding” of marriage that the Defense of Marriage Act is seeking to uphold.

The arguments were at points similar to arguments heard in April before the First Circuit Court of Appeals in Boston, which determined that the law is unconstitutional. Today’s arguments, however, included an admission by Clement that if courts decide that laws targeting gays and lesbians should be viewed skeptically, like those based on race or sex, then it would be more difficult to justify DOMA.

“That said, I’ll try it,” Clement told the judges, noting that “there’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.”

Geidner examines broad issues of DOMA and scrutiny — how the courts decide what standards to use in determining whether or not DOMA is unconstitutional — and concludes with this:

More than 30 years before the U.S. Constitution would be amended to prohibit voting discrimination based on sex, the Supreme Court upheld the constitutionality of a law that required those in the Utah territory to take an oath that included a statement that the male was violating bigamy or polygamy prohibitions.

The case, which cited the infamous Dred Scott Supreme Court decision declaring that slaves were not citizens under the U.S. Constitution as evidence of governmental powers in the territories, was mentioned by Clement. It’s the case, he told Judge Chester Straub, a Clinton appointee to the bench, where the Supreme Court referenced the “traditional understanding” of marriage.

The 1885 case takes a hard line on the role of marriage in the post-Civil War nation, in reference to the practice of polygamy in the Utah territory.

The court wrote that “no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth … than that which seeks to establish it on the basis of the idea of the family [is] consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony.”

That definition of marriage, the court wrote in 1885, is “the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.”

Steven Thrasher, writing “For Elderly Gay Widow Edith Windsor, The GOP Is All For High Taxes,” today in The Daily Beast, notes:

“When Barack Obama proved unwilling to hound an octogenarian widow for a tax bill she never should have been charged, House Speaker John Boehner proved more than willing to take up the task—even at a cost to taxpayers of far more than the money she owed.”

Death and taxes, and GOP hate and ignorance. Four things that you can aways count on.

Image circa 1877, via Wikipedia: Brigham Young’s 12 widows lament. Caricature in a newspaper about Mormon polygamy. Text: “In memoriam Brigham Young. And the place which knew him once shall know him no more.” It references the apocryphal “long bed” story (and illustration) found in chapter 15 of Mark Twain‘s 1872 book Roughing It.

Related:

Breaking: 145 House Democrats File Amicus Brief Denouncing DOMA

Breaking: DOMA Declared Unconstitutional Again — By A Bush Appointee

Fighting DOMA, Edie Windsor Now Takes Her Case To The Supreme Court

Breaking: DOMA Ruled ‘Unconstitutional’ In Lesbian Estate Tax Case

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

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Former top Trump White House advisor Peter Navarro, in prison for criminal contempt of Congress, has failed in his latest attempt to be released early, after the U.S. Supreme Court once again denied his request.

Navarro, 74, the first and only former White House official ever to be imprisoned for contempt of Congress, is serving out his four-month sentence in Miami. His efforts to stay out of jail were first denied by Chief Justice John Roberts, before he reported to the prison in mid-March. He was found guilty in September after a short trial. After his arrest he hawked his book and begged for money on national television.

CBS News reports “15 days into his sentence, Navarro renewed his request to halt his surrender to Justice Neil Gorsuch, which is allowed under Supreme Court rules. His bid for emergency relief was referred to the full court, which denied it. There were no noted dissents. Attorneys for Navarro declined to comment.”

CNN called the decision to petition Justice Gorsuch “a procedural maneuver that has not worked in decades.”

RELATED: ‘Bro, You’re Already Facing Charges’: Protestor Mocks Peter Navarro as He Tries to Grab ‘Trump Lost’ Sign

“Gorsuch referred the request to the full court, which considered it during its closed door conference on Friday. The court denied the request on Monday without comment.”

Navarro’s prison sentence is the result of his refusal to comply with a subpoena issued by the U.S. House Select Committee on the January 6 Attack. Navarro claims he had executive privilege, but offered no proof, and refused to show up as ordered.

Legal experts accurately had predicted a “quick conviction” after Navarro, called a “conspiracy theorist” who promotes “fringe” economic theories, had called no witnesses. The jury deliberated for under five hours. He faced up to two years in prison.

CBS News adds Navarro “is not the only member of the Trump administration to be convicted of the charge. Steve Bannon, former White House chief strategist, was found guilty of two counts of contempt of Congress and sentenced to four months in prison. The judge overseeing that case, however, put his prison term on hold while Bannon appeals.”

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

 

 

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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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