God is suing you

Screen shot 2015-05-06 at 10.05.40 AMProcess servers in Nebraska will be working overtime serving every gay and lesbian. Plaintiff Sylvia Ann Driskell Ambassador for Plaintiff’s God, and His, Son, Jesus Christ filed the lawsuit. She listed as the defendant in her suit: “Homosexuals, Their Given Name Homosexuals, Their, Alis Gay.”

Not clear is if she is just suing Nebraskan homosexuals, U.S. homosexuals or all homosexuals around the world. I guess only American homos are being sued, since she bases her claim on a U.S. statute. Bisexuals are apparently safe, because they’re not named.

Listed as the nature of the suit is “Civil Rights: Other” and Cause of Action: “42:1983 Civil Rights Act.”

That section of the Civil Rights Act states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Apparently, the gays are depriving her of her rights. Also, isn’t it a little odd that she’s claiming homosexuality violates God’s law, but is suing under the Civil Rights Act. She should be suing under Leviticus.

In her suit she writes, “I, Sylvia Ann Driskell, Contend that homosexuality is a sin, and that they the homosexuals know it is a sin to live a life of homosexuality. Why else would they have been hiding in a closet?”

Well, I don’t know about you, but personally, I haven’t been living in the closet. I’ve been on the radio every Sunday talking about being gay for 30 years. I’ve written for Dallas Voice for about the same amount of time. I contend, she’s the one who’s the straight person living in the closet and is only now coming out as, well, a moron.

Addicting Info has the full copy of the handwritten complaint.

While the court is not likely to respond with anything other than a quick dismissal, I’d like the court to ask her for the addresses of her defendants and to send her a bill. The average cost of process serving in the U.S. is $45-75. The estimated gay and lesbian population is 9,083,558. Even with a bulk discount low-balling the per service cost at $45, the bill would be $408,760,110.

Sometimes the best way to answer stupid is with more stupid.

Also, please note, all stupid isn’t from Texas.

—  David Taffet

Phariss and Holmes get Capitol flag

Mark Phariss, left, and Vic Holmes

Mark Phariss, left, and Vic Holmes

How cool is this.

Mark Phariss and Vic Holmes, the Texas marriage equality plaintiffs from Plano, met with Tyler Moran, an aide to Sen. Harry Reid.  Phariss asked Moran if they could get the flag that would fly over the Capitol today, the day of the SCOTUS hearing.

Each day different flags are flown over the Capitol and they’re given to people to commemorate special events.

Phariss and Holmes just got word they’re getting the flag.

They’re flying back to Dallas tonight and they’ll be our guests on Lambda Weekly at 1 p.m. on Sunday on 89.3 KNON-fm.

—  David Taffet

Only seven Texans receive perfect score in HRC Congressional scorecard

TexasThe Human Rights Campaign today, Oct. 9 released its Congressional Scorecard measuring support for LGBT equality in the 113th Congress. Only seven of Texas’ 38-member delegation received perfect scores, even as results show record gains in support for LGBT equality.

Members of Congress were scored based on their votes and co-sponsorships of pieces of legislation that are key indicators of support for LGBT equality, and for the first time ever, their public support for marriage equality, according to a statement provided by HRC.

“We stand at a critical juncture in our fight for full LGBT equality,” said Chad Griffin, president of HRC. “While we’ve made tremendous progress in gaining support from our elected officials in Congress, we certainly still have much to accomplish.”

His statement could not be more true, especially within the Texas delegation.

Of Texas’ 36 House representatives and two senators, only seven House Democrats received a 100 percent score. They are Reps. Al Green, Beto O’Rourke, Sheila Jackson Lee, Joaquin Castro and Lloyd Doggett, along with Eddie Bernice Johnson of Dallas and Marc Veasey of Fort Worth.

Other Texas Democrats had mixed scores: Rubén Hinojosa, 89 percent; Pete Gallego, Henry Cuellar and Gene Green, 68 percent; Filemon Vela, 84 percent. Gallego represents the only congressional swing district in Texas.

In the Republican camp, five Republicans received 30 percent: Louie Gohmert (no, really), Ted Poe, John Culberson, Pete Olson and Steve Stockman, who lost a primary challenge to Sen. John Cornyn earlier this year. Cornyn, by the way, scored zero while his colleague in the Senate, Sen. Ted Cruz, scored 20 percent.

To the North Texans looking at this list, unless you live in Johnson or Veasey’s district, your congressperson scored zero. A difference of 100 percent — 100 percent.

No other member of the local delegation even got brownie points for saying “gay.” That includes: Reps. Joe Barton, Michael Burgess, Kay Granger, Ralph Hall, Jeb Hensarling, Sam Johnson, Kenny Marchant, Pete Sessions and Roger Williams.

(Don’t know who represents you? Click here and type in your info.)

Want to change that? Early voting begins Monday, Oct. 20 and runs through Friday, Oct. 31. Election Day is Tuesday, Nov. 4.

—  James Russell

Bipartisan bill would protect global LGBT rights

Rep. John Tierney introduced a bipartisan bill to protect LGBT people worldwide.

Rep. John Tierney introduced a bipartisan bill to protect LGBT people worldwide.

A bill recently introduced by a bipartisan group of representatives in Congress would protect and advance the global rights of LGBT people if passed.

Reps. John F. Tierney, D-M.A., Chris Gibson, R-N.Y., and Richard, R-N.Y., introduced the International Human Rights Defense Act Wednesday, July 16. Sen. Edward Markey, D-M.A., introduced the bill in the Senate on June 3.

If passed, the bill would direct the Department of State to prioritize protecting LGBT people worldwide. The bill would require the department to develop a strategy to promote and protect LGBT rights worldwide and also appoint a “Special Envoy on the Human Rights of LGBT People” to oversee the strategy.

According to American Jewish World Service, a chief proponent of the bill, 77 countries jail people for having same-sex relations. Five of those countries allow LGBT people to be put to death.

“Defending the rights of LGBT people worldwide is crucial, as many governments are passing punitive laws and sanctioning acts of hate against LGBT people,” said Ruth Messinger, president of AJWS. “As American Jews, we are members of a minority whose rights have been trampled in the past, and we understand fully that neither nor our government can stand by as the rights of vulnerable minorities are trampled in other parts of the world.”

—  James Russell

Nixon tapes reveal he thought gays were born that way

NixonIn April 1971, Richard Nixon had a discussion in the White House with National Security Advisor Henry Kissinger and Chief of Staff H.R. Haldeman. Kissinger had not yet become secretary of state.

“I am the most tolerant person on that of anybody in this shop,” Nixon said in newly released tapes that were secretly recorded during his administration.

Kissinger agreed but thought those kind of people should keep it a secret — especially the gays in his administration. Nixon may have actually been ahead of his time, though.

“They’re born that way. You know that. That’s all. I think they are,” Nixon said.

He said there were a number of intelligent people who were gay. The transcript was released by Vanity Fair.

The discussion must have been in relation to civil rights laws. In December 1971, Nixon issued an executive order requiring contractors to develop “an acceptable affirmative action program.” In 1972, Nixon endorsed congressional passage of the Equal Rights Amendment that would have put equal rights for woman into the constitution had it passed enough states. The Texas legislature was the first state to approve the ERA.

So the conversation seems to be in the context of what rights should be protected by national policy.

“It’s one thing for people to, you know, like some people we know, who would do it discreetly, but to make that a national policy,” Nixon said.

But Nixon was no champion of gay rights in public. In May, Nixon made this statement:

“I do not think that you glorify homosexuality on public television. You don’t glorify it anymore than you glorify whores.”

The Vanity Fair article, however, also quoted from a conversation in July 1971 where they discussed whether Kissinger should resign because of a Newsweek article discussing Kissinger’s religion. He is Jewish.

—  David Taffet

Boulder won’t back down, Florida case in court and more

equalityfloridaToday in marriage equality news: A Florida attorney told a trial court the state’s marriage ban should end. Colorado’s attorney general told a county clerk to stop issuing licenses until he has a final ruling even though he favors an end to the ban. The ACLU wants to make sure licenses issued in Wisconsin are considered valid.

Florida

Florida’s marriage ban case went to court yesterday.

Attorney Jeffrey Cohen asked the judge to issue a ruling similar to those in more than 20 other cases across the nation striking down discriminatory marriage bans as unconstitutional. Cohen also pointed out that while Florida allows same-sex couples to adopt children, it still refuses to let them marry.

“It’s the right of a person to choose who they love and who they make their future with,” Cohen said. “We should not make anyone a second-class citizen.”

The judge didn’t indicate when she would rule on the case.

Colorado

Colorado Attorney General John Suthers demanded Boulder County Clerk Hillary Hall stop issuing marriages licenses.

But this isn’t an issue of liberal v. conservative. Suthers wants Hall to stop until he receives a clear ruling from the Tenth Circuit and joined Gov. John Hickenlooper in requesting the court overturn the state’s marriage ban. Hickenlooper is a Democrat and Suthers is a Republican.

Hall has refused and continues to issue licenses to same-sex couples. She began issuing the licenses immediately after the Tenth Circuit ruled Utah’s marriage law is unconstitutional. The appeals court stayed its decision, but the stay specified Utah, so Hall, along with two other county clerks in Colorado, began issuing licenses. With legal council, she said the ruling applies to Colorado, which is also in the Tenth Circuit, but the stay on the ruling did not apply to Colorado, since it specified Utah.

While Suthers would like Colorado’s marriage ban overturned, his motion to the court could stop Hall until the court issues a final ruling.

Wisconsin

In Wisconsin, the ACLU is filing a suit seeking legal recognition for the marriages of the same-sex couples who wed in the days after a federal judge overturned the state ban. Following Judge Barbara Crabb’s ruling, more than 500 same-sex couples were married. Days later, Crabb stayed her ruling, pending appeal by state Attorney General J.B. Van Hollen.

Ireland

Although a date hasn’t been set, the Irish will vote on marriage equality sometime early in 2015. Should people really be allowed to vote on other people’s civil rights? According to all courts who’ve weighed in on the issue in the last year, it was wrong when voters in the early 2000s stopped LGBT rights. Does even a yes vote make this election any better?

—  David Taffet

This week in marriage equality

KarenMueller

Crazy of the week: Wisc. Republican Congressional candidate Karen Mueller

Louisiana

U.S. District Judge Martin Feldman set July 16 as a deadline to file briefs involving Louisiana’s same-sex marriage ban. The same judge heard arguments last week about recognizing out-of-state marriages and said he was not comfortable ruling on such a narrow issue. He hasn’t set a date to hear the full challenge to the marriage ban or said if he will even hear additional arguments.

Colorado

Three counties in Colorado continue to issue marriage licenses after the 10th Circuit Court of Appeals struck down Utah’s marriage ban. Although the court put a stay on its ruling, the stay specified Utah. County clerks in Colorado, which is also in the 10th Circuit, said the ruling applies to them and the stay does not.

Colorado State Senator Jesse Ulibarri and his partner Louis Trujillo were among the couples who got married last week in Boulder county.

State Attorney General John Suthers said the licenses are invalid and that the Utah decision does not apply to Colorado.

Florida

Former Florida Gov. Charlie Crist, who is running for the office again this fall, filed an amicus brief supporting marriage equality in a challenge to his state’s marriage ban. Crist is running as a Democrat.

In his last term in office, he served as a Republican and did little to advance LGBT rights. He supported the Federal Marriage Amendment to put the ban on same-sex marriage in the U.S. Constitution. As rumors spread that Crist was gay, he got married at age 50.

Indiana

The 7th Circuit Court of Appeals put a stay on a lower court’s ruling that allowed same-sex marriages to begin in the state.

Hundreds of couples married between Tuesday’s ruling and Friday’s stay. While the attorney general said those couples are in legal limbo, their marriages will be recognized by the federal government.

Lambda Legal filed papers with the 7th Circuit to go ahead and recognize the marriage of Niki Quasney and Amy Sandler. Quasney is battling Stage IV ovarian cancer. The trial court granted relief to the couple but the attorney general appealed. The emergency relief granted by the court is no longer in effect since the appeals court’s stay went into effect.

Crazy of the week

Wisconsin Republican Congressional candidate Karen Mueller said on the campaign trail same-sex marriage will lead to “the legalization of marriage between siblings.”

Mueller said that if a same-sex couple can marry, any two people would eventually be able to tie the knot and that the state ban does not actually discriminate against LGBT couples.

Where do they come up with this crap? Must be something going on in her own head and Dallas Voice warns her brothers and sisters to beware.

—  David Taffet

Colorado clerks begin issuing marriage licenses

boulder_1

Couples can marry in Boulder … for now.

As a result of the Tenth Circuit’s ruling yesterday that struck down the Utah marriage ban, Boulder County has begun issuing marriage licenses. Lafayette and Longmont counties will begin on Friday, according to the Denver Post.

Colorado is in the same circuit as Utah, so the Boulder County clerk said the ruling applies to her state. The attorney general disagrees and said the licenses won’t be valid.

By the end of the Wednesday, two couples were married. Boulder’s county clerk said she will continue issuing licenses today.

On Wednesday, the Tenth Circuit issued a split ruling declaring Utah’s marriage ban unconstitutional. The court put a stay on its ruling until it’s heard by the U.S. Supreme Court. The stay only mentions Utah, not Colorado, and Boulder’s county clerk acted after advice from the county’s legal staff. The circuit also encompassed Oklahoma, New Mexico, Kansas and Wyoming.

The attorney general’s actions indicate that Colorado will not accept the decision of the court in its marriage cases, as the Oregon attorney general did several weeks ago, and will appeal to the U.S. Supreme Court.

—  David Taffet

UPDATE: Judge rules Pennsylvania ban unconstitutional

Oregon marriage

Oregon couples began marrying immediately after yesterday’s court ruling. (Picture courtesy Oregon United for Marriage)

UPDATE: A Pennsylvania judge ruled the state’s marriage ban is unconstitutional. No word yet on when marriage begins or if the ruling will be stayed until it can be appealed. The attorney general said she would not defend the ban. The governor has not said if he would appeal.

“We are better people than what these laws represent, and it is time to discard them onto the ash heap of history,” Judge John E. Jones III said in his ruling. Jones was appointed by President George W. Bush and was recommended to Bush by then-Pennsylvania Senator Rick Santorum.

ORIGINAL POST: This week is heating up as an active marriage-equality week.

Monday’s decision in Oregon which legalized same-sex marriage was expected. Also expected was an Arkansas state Supreme Court stay that stopped marriage equality in that state after about 500 couples married.

A ruling is expected at 2 p.m. (1 p.m. Central Time) Tuesday in a marriage case in Pennsylvania. Should the judge strike down the state’s marriage law, as every judge who has heard a marriage case since the U.S. Supreme Court struck down DOMA last June, marriage could begin in Pennsylvania this week. Rallies are planned across the state this afternoon.

In Utah, Judge Dale Kimball ruled Monday the state must recognize the marriages of the 1,300 couples who married during a two-week period when it was legal in December. He said it was unfair to put those couples into limbo, affecting everything from adoption to taxes to benefits. The decision doesn’t take effect for 21 days to give the state time to appeal.

—  David Taffet

UPDATE: Will gay Oregon judge legalize marriage today?

Judge Michael McShane

Judge Michael McShane

UPDATE 1: Judge Michael McShane declared Oregon’s marriage ban unconstitutional. The ruling was expect and couples lined up for licenses even before the ruling was released, according to Associated Press. The state is not expected to appeal, but there was no announcement of when marriage equality begins.

In his 26-page opinion, Shane wrote, “At the core of the Equal Protection Clause … there exists a foundational belief that certain rights should be shielded from the barking crowds; that certain rights are subject to ownership by all and not the stake hold of popular trend or shifting majorities.”

UPDATE 2: The first marriages have already taken place in Oregon, according to The Oregonian.

ORIGINAL POST:

Judge Michael McShane will rule on Oregon’s marriage ban at noon (2 p.m. Central time) today.

McShane and his husband are raising a child together.

Oregon’s attorney general said she would not appeal if the marriage ban is overturned and declined to defend the law when the case was heard in McShane’s court on Wednesday.

Should McShane not overturn the marriage ban making Oregon marriage-equality state No. 19, Oregon United for Marriage has enough signatures to put the issue on the ballot in November.

So the real question is whether marriage equality comes to Oregon this afternoon or will couples have to wait until later in the week. Also, how embarrassed is everyone in Oregon that Arkansas couples were able to marry in marriage-equality state No. 18 first? I mean Arkansas. Sheesh.

—  David Taffet