Civil & Human Rights

The Seventh Circuit Court of Appeals heard oral arguments this morning in the same-sex marriage appeals of Baskin et al. v. Bogin, 14-2386, 14-2387, 14-2388 (Indiana), and Wolf et al. v. Walker, 14-2526 (Wisconsin).

The Chicago Tribune reports, Judges ask pointed questions about same-sex marriage bans in Wis., Ind.:

Attorneys for Indiana and Wisconsin faced tough, pointed questions from a panel of three federal appeals judges in this morning’s arguments over bans on gay marriage in those states.

Judge Richard Posner waited just seconds before interrupting the solicitor general from Indiana, beginning a line of questioning about why children of same-sex couples should not be allowed to have legally married parents, as do children of heterosexual couples.

[Keep in mind that Judge Posner is a rock star among conservatives.]

To press his point, Posner told a fictitious story of a 6-year-old forced to go to school and see that he is different from his classmates.

“Wouldn’t the children want their parents to be married,” Posner asked, also noting the thousands of children in foster care in Indiana who need to be adopted.  “What do you think is psychologically better for the child?”

Attorneys from both states were on the defense during much of the questioning.

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The Wichita Eagle reports on the 10th Circuit Court of Appeals oral argument today in Kobach et al. v. U.S. Election Assistance Commission. Federal appeals court questions Kansas’ proof-of-citizenship rules:

Federal appeals judges expressed skepticism Monday over Kansas Secretary of State Kris Kobach’s argument that a federal commission must make voters who register using a federal registration form provide proof-of-citizenship documents required by state law.

Kobach argued on behalf of Kansas and Arizona before the 10th Circuit Court of Appeals in Denver, in a case where the states are trying to force the federal government to add their requirements to federal vote registration forms mandated by the National Voting Rights Act, also known as the motor voter law.

When Kobach contended that the Election Assistance Commission is required to grant states’ requests to add state-specific instructions to the federal form, Judge Jerome A. Holmes interrupted: “Oh whoa whoa whoa, there’s a big jump there.”

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The 10th Circuit Court of Appeals sitting in the Byron White Courthouse in Denver, Colorado will hear oral arguments in Kobach v. U.S. Election Assistance Commission tomorrow morning, August 25, 2014, at 10:00 a.m. MST. Argument Schedule (.pdf).

This is the Prop. 200 (2004) proof-of-citizenship requirement to register to vote in Arizona for which Arizona Secretary of State Ken “Birther” Bennett, relying on nothing more than an Attorney General Opinion from Tom “banned for life by the SEC’ Horne, AG Opinion No. 113-011 Here (.pdf), has by executive fiat imposed a “dual election” system in Arizona for elections this year — there is no statutory authorization under Arizona law for such a dual election system — in which voters who registered to vote using the federal voter registration form will only be allowed to vote in federal races (Congress) in Tuesday’s primary election.

Arizona election officials earlier this year estimated 1,500 voters will have to use the special ballot with only federal races for the state primaries on Aug. 26.

That’s right, Arizona will deprive American citizens of their franchise to vote in state races on Tuesday in violation of their privileges and immunities as citizens of the U.S. and in violation of their due process rights under the 14th Amendment. Because “states’ rights!”

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It started in the “Conch Republic” of the Florida Keys a few weeks ago when a state court judge struck down Florida’s same-sex marriage ban in that country. This decision was quickly followed by state court judges in several other South Florida counties striking down the state’s same-sex marriage ban in their counties as well.

Now a federal district court judge in Florida has struck down Florida’s same-sex marriage ban. the Miami Herald reports, U.S. judge slams Florida ban on gay marriages:

In the first decision on same-sex marriage with statewide impact, a federal judge ruled Thursday that Florida’s gay-marriage ban is unconstitutional, ordering the state to allow the marriage of same-sex couples and to recognize marriages performed elsewhere.

“When observers look back 50 years from now, the arguments supporting Florida’s ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination,” wrote U.S District Judge Robert L. Hinkle of Tallahassee. “Observers who are not now of age will wonder just how those views could have been held.”

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