Courts & Law

Posted by AzBlueMeanie:

The House calendar for the Committee of the Whole (COW) today includes Rep. "Fast Eddie" Farnsworth's House version of the Religious Bigotry bill, HB 2153, passed by Tea-Publicans in the Senate on Wednesday. Business takes place this afternoon.

Where are the "Mythical Moderate Republicans" in the Republican Party establishment and the business community, in particular, the chamber organizations? The "Mythical Moderate Republican" Ethan Orr (R-Tucson) will have to vote on this bill. LD 9 will be watching, E.Orr.

Other bills on the COW Calendar in the House today of note:

HB 2012, Rep. John Kavanagh's "vexatious litigation" bill that somehow exempts the Arizona Legislature and the "Kochtopus" Death Star, the Goldwater Institute, who file more vexatious litigation than anyone else.

HB 2058, Rep. John Kavanagh's bill to limit compensation under public pensions. This bill may be preempted by an Arizona Supreme Court decision to be announced today. Arizona high court to rule on judges' pensions.

HB 2107, Rep. John Kavanagh's bill regarding the number of candidate and ballot measure signatures in elections. This is the piecemeal approach to enacting HB 2305 that you have heard about.

Posted by AzBlueMeanie:

Earlier this week the radical Tea-Publican House in the Kansas Legislature passed a religious bigotry bill nearly identical to the religious bigotry bill currently in the Arizona Legislature. These bills are almost certainly model legislation from the Arizona-based Alliance Defending Freedom (ADF) that I posted about earlier. The Arizona Republic:One step forward, two steps back on religious bigotry.

The Kansas City Star reported, Kansas House passes bill allowing service refusal to gay couples:

The Kansas House has approved a bill aimed at keeping individuals, groups and businesses from being compelled to help with same-sex weddings.

The House’s 72-49 vote Wednesday sends HB 2453 to the Senate.

Supporters describe it as a religious freedom measure. Opponents contend it will encourage discrimination against gays and lesbians.

The bill would bar government sanctions when individuals, groups and businesses cite religious beliefs in refusing to recognize a marriage or civil union, or to provide goods, services, accommodations or employment benefits to a couple. Anti-discrimination lawsuits also would be barred. Individual workers and government employees also would get some protections.

* * *

The bill covers private and public employees. Government agencies would still be required to provide services, but individual clerks could refuse to serve same-sex couples based on their religious beliefs on marriage.

Businesses would still provide services, provided it was not unduly burdensome to do so.

* * *

The bill’s true purpose is to enable discrimination by government employees, said Thomas Witt, spokesman, for Equality Kansas.

In other words, a return to the "good ol' days" of state-sanctioned segregation — this time against gays and lesbians.

Posted by AzBlueMeanie:

Valentine's Day arrived early Thursday evening as the U.S. District Court for the District of Norfolk, Virginia struck down the state of Virginia's same-sex marriage ban. Federal judge strikes down Virginia’s gay-marriage ban:

A federal judge in Norfolk struck down as unconstitutional Virginia’s ban on same-sex marriage Thursday night, saying the country has “arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.”

U.S. District Judge Arenda L. Wright Allen issued a sweeping 41-page Opinion and Order (.pdf) that mentioned at length Virginia’s past in denying interracial marriage and quoted Abraham Lincoln. She struck the constitutional amendment Virginia voters approved in 2006 that both bans same-sex marriage and forbids recognition of such unions performed elsewhere.

She stayed her decision pending appeal to the U.S. Court of Appeals for the 4th Circuit in Richmond, meaning same-sex marriages will not be immediately available in the commonwealth.

Posted by AzBlueMeanie:

Kentucky must recognize same-sex marriages performed in other states, according to a ruling Wednesday by a federal judge, who struck down part of the state ban. Huffington Post reports, Kentucky Ban On Recognizing Out-Of-State Gay Marriages Struck Down By Federal Judge:

In a 23-page Memorandum Opinion (.pdf) issued Wednesday, U.S. District Judge John G. Heyburn II concluded that the government may define marriage and attach benefits to it, but cannot "impose a traditional or faith-based limitation" without a sufficient justification for it."

"Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons," wrote Heyburn, an appointee of President George H.W. Bush.

The decision in the socially conservative state comes against the backdrop of similar rulings or actions in states around the country where same-sex couples have long fought for the right to marry. The constitutional ban on same-sex marriage was approved by voters in 2004 and included the out-of-state clause.

The decision came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their out-of-state marriages.