SCOTUS

A Major Clusterfuck

It's both frightening and tragicomical to follow the total and complete disaster that the selection of a new associate justice to the Supreme Court of the United States has become.

Despite the fact that this is one of the most important positions in the U.S.A and a lifetime appointment, it seems not to have been properly prepared as one would expect of such a longterm and crucial engagement.

Brett Kavanaugh
Photo by Michael Reynolds-Pool/Getty Images

If I was hiring (and I have been in that position several times), I wouldn't give the man a temporary job cleaning restrooms or flipping burgers, let alone a lifetime position as a judge.

That decision would be based solely on the man's performance during the "job interview" and have nothing to do with his alleged sexual assaults or lies. I simply wouldn't want the hassle of working together with - and wouldn't trust a person - who displayed such unhinged anger and rudeness and on top of that spouted weird conspiracy theories.

I am amazed that the nomination hasn't been recalled already or the man convinced to withdraw his candidacy, for the country's sake and the man's. I cannot believe there aren't several equally qualified conservative judges with a more judicial temperament to select from. 

Betty Says It Best

In trying to say something nice about the dead Justice Antonin Scalia, Twitter's 140 character limit suddenly seems enormous.

— Mrs. Betty Bowers (@BettyBowers) February 13, 2016

United States Supreme Court Justice Antonin Scalia, 79, died of apparent natural causes Saturday on a luxury resort in West Texas.

SCOTUS 5-4: Marriage Equality in the US!

The Supreme Court of the United States today gave us their decision in the case of Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al.

With a 5-4 majority decided, for a freedom to marry nationwide in the United States. (Kennedy delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, joined. Chief Justice Roberts filed a dissenting opinion as did Scalia, Thomas and Alito, the latter three also filing opinions in which one or more of the other dissenters joined.)

You can read the complete decision here: http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf.

Happy Pride everyone and especially my sisters and brothers in the United States! The second largest democracy in the world has now accepted same-sex marriage!

Let's celebrate!

To All LGBT or Straight Allies Who are U.S. Citizen's and/or Legal Permanent Residents

"When laws and constitutional amendments banning marriage equality were passed, many voters and legislators really were blinded by the times. They did not realize that they knew LGBT people personally. They did not recognize the contributions that LGBT people and their families make—as employees, as neighbors, as part of the social fabric in every community in America. Some saw the LGBT community as strangers, not as people with the same hopes and dreams as anyone else.

In many respects, those oppressive times are behind us. In poll after poll, the broad majority of Americans now support marriage equality. Many people who once opposed it are unafraid to admit their views have evolved. Why? They've simply met LGBT people in their own lives.

In other words, the laws challenged in this case are more than fundamentally unfair. They were also adopted in at a time that utterly failed to take into account LGBT Americans as individuals deserving of dignity. The Court has recognized that dignity throughout its history—most recently in U.S. v. Windsor. But recognizing that dignity isn’t enough. It’s time to leave the blindness of the past behind, and guarantee the equal protection our constitution promises to every American."

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The Human Rights Campaign, the largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization in the U.S., and Roberta Kaplan, the leading civil rights litigator who famously argued U.S. v. Windsor before the U.S. Supreme Court in 2013, launched this unprecedented "People’s Brief" on marriage equality to the Court.

As the nine Justices prepare to hear oral arguments in four critical marriage equality cases this spring, The People’s Brief marks the first time that tens of thousands of fair-minded Americans will have the opportunity to have their voices formally heard in a civil rights case of this magnitude. Americans who are LGBT or have LGBT friends, family members, and colleagues can review the content of the brief, and affix their name to a document that will be considered by the highest court in the land.

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As citizens or legal permanent residents of the United States you have the opportunity to sign this brief and have your voice heard!

Go here to read and sign The People's Brief.

To have your name submitted to the Court, all names must be signed by midnight March 1, 2015.

Same-Sex Marriage Wins

"The Supreme Court (of the United States, my addition) refused to get involved in the national debate over same-sex marriage Monday, leaving intact lower court rulings that will legalize the practice in 11 additional states. The unexpected decision by the justices, announced without further explanation, immediately affects five states in which federal appeals courts had struck down bans against gay marriage: Virginia, Indiana, Wisconsin, Oklahoma and Utah.

It also will bring along six other states located in the judicial circuits overseen by those appellate courts: North Carolina, South Carolina, West Virginia, Colorado, Kansas and Wyoming. The action will bring to 30 the number of states where gays and lesbians can marry. Appeals courts in Cincinnati and San Francisco are considering cases that could expand that number further, presuming the Supreme Court remains outside the legal fray." (USA Today)

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By not taking up the cases offered the SCOTUS today decided to allow same-sex marriages in eleven more states where the ban on same-sex marriage had been found to be unconstitutional

"Rather than decide the issue of same-sex marriage, as virtually everyone involved in the debate expected, the justices simply let stand lower-court rulings striking down bans in five states. Within hours, marriages were set to take place.

And the justices knew their decision to stay out of the grand national debate would have further repercussions: Within days or weeks, gay marriage could be legal in 30 states representing 60% of the U.S. population. Nine more states in the Midwest and West could be added very soon if appeals courts there join the juggernaut.

Why did the Supreme Court take a pass? Most likely because it lacked the votes to stop what federal and state court judges have started.

"The far more conservative justices couldn't count to five," said Jon Davidson of the gay rights group Lambda Legal. "They were not assured of a fifth vote, and so they didn't want to grant review yet." (USA Today; First Take: Justices decide gay marriage by not deciding).

Hero of the Day 2013-12-23 (Updated)

U.S. District Judge Robert J. Shelby (43) had been on the bench just six months when he was assigned Kitchen v. Herbert in March.

Shelby’s decision in the case Friday made same-sex marriage legal in Utah by finding the state same-sex marriage ban (that was voted into the state constitution by 66% of Utahns in 2004) is unconstitutional.

Shelby graduated from Utah State University in 1994 and the University of Virginia School of Law in 1998. He is married to his college sweetheart and has two children.

Before becoming a judge Shelby was a law clerk for U.S. District Judge J. Thomas Greene and spent eight years in the Utah Army National Guard. He worked at the Salt Lake City law firms of Snow, Christensen & Martineau and Burbidge Mitchell & Gross. He was nominated to the federal bench by President Barack Obama in November 2011 and was confirmed by the U.S. Senate on September 22, 2012. 

Today Shelby denied the state's governors motion to stay the decision. 

BREAKING NEWS: Motion DENIED! Same-sex marriages continue in #Utah. @fox13now #Amendment3 #utpol
— Ben Winslow (@BenWinslow) 23 december 2013

Judge Shelby made it clear that any clerks who refuse to do their job by issuing licenses will be in contempt of court. #utpol
— Seth Anderson (@jsethanderson) 23 december 2013

We can expect the Utah governor to appeal the decision to the 10th Circuit Court of Appeals, they have done so twice already in anticipation of this ruling and have been kicked out of the appeals court both times.
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UPDATE 2013-12-24
The 10th U.S. Circuit Court of Appeals rejected the state's request for an emergency stay on Judge Richard Shelby's ruling. The appeals court said in its short ruling that a decision to put gay marriage on hold was not warranted, but said it put the case on the fast track for a full appeal of the ruling.

The denial means that Judge Robert Shelby's ruling to strike down Utah’s ban on same-sex couples marrying will remain in place during the appeal of the case, if it is not struck down by a ruling from the U.S. Supreme Court to which Utah officials could appeal. Interim requests of the type that would be filed in this situation would go to Justice Sonia Sotomayor, who oversees such requests from the 10th Circuit. She could either decide the matter on her own or refer the matter to the whole court for consideration.

URGENT: #Utah AG's Office confirms to @fox13now it will ask U.S. Supreme Court Justice Sotomayor for an emergency stay. #Amendment3 #utpol
— Ben Winslow (@BenWinslow) 25 december 2013

Culling My Friends List

Perhaps I was inspired by my recent experience of being removed from a friends list, but I have now done the same thing with my own.

When going through my friends list before starting the culling, I noticed that I had been removed from others friends lists already, most notable was my removal by the now abdicated queen of Swedish SecondLife which quite possibly was due to an altercation concerning whether I - as a "Friendly helper" in her group - should do as she ordered me or follow my own discretion. I am well aware that my kind manners sometimes misleads people into thinking that I am submissive, but frankly I do not take orders well so I left that group, thus relieving myself of any duties or obligations in the group she had created.

I have not culled my friends list for a very long time, except about a year and a half ago when I removed one person by accident and another by design. The thing that happened then was that I intended to remove a certain person but for some reason beyond me - possibly someone logging in or out of SecondLife - ended up removing the queen of a neighboring Scandinavian country in SecondLife by mistake.

When I immediately called her in Instants Message to explain my mistake the queen was naturally enraged by my action. She did not at all  believe my protestations and assurances that her removal was a mistake. I have learned that it is futile to discuss such matters further while someone is still furious so I left it at that, although I had first called her up to add her as a friend again.

So learning from previous mistakes and after due consideration I started on removing people from my list. The criterias for removing that I had made up in my mind were the following:

• I do not know who the person was
• I cannot remember ever communicating with the person.
• I have not had any communications with the person during the last three (3) years.
• The person has blocked me from seeing when they are in-world (2 persons).
• The person is a bastard that I will not wish to communicate with in the future(3 person).

Reasons to keep someone on the list inspite of the above criterias being met:

• The person is one I have a strong sentimental attachment to although he never logs in anymore (1 person)

Following the criterias I - carefully making sure I got the correct person - started removing people. I have now successfully concluded this project and have cut my friends list down from 278 to 149 persons. I find it to be a great relief and much less stressful to see only people I care about on my list.

If you still see me on your list, Congratulations! You're still in the running to be Southern Charms next Royal Consort.

And if you don't see me on your list anymore, Congratulations, you are rid of me! I hope you have a happy and fulfilling SecondLife.

If you wish to appeal the decision please send your written appeal in triplicate to
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543

Newlyweds

Proposition 8 plaintiffs Sandy Stier & Kris Perry

Proposition 8 plaintiffs Jeffrey Zarilllo & Paul Katami

Following the amazing news from the Supreme Court of the United States yesterday all four plaintiffs in the groundbreaking California Proposition 8 case got married today. I wish to congratulate the two couples from the bottom of my heart.

Thank you for taking up the struggle against a bigoted law and for the fundamental human right to choose whom we love and wish to marry  You made it happen girls and guys, enjoy the moment and may you live happily together ever after.

Congratulations Kris & Sandy and Paul & Jeffrey!

I would also like to congratulate the surprising ad hoc legal collaboration of political opponents created by jurists David Boies and Ted Olson, who with their legal teams joined forces to overturn a legislation that they saw as as deeply immoral and bigoted.

Congratulations to a job well done David and Ted, and the many men and women of your legal teams, for your diligent and outstanding work to bring this case to justice and to rectify a wrongdoing.

Important Victories for Gay Rights in the U.S.A.

Two important cases were decided today by the Supreme Court of the United States (SCOTUS).

The first case concerned the constitutionality of the Defence of Marriage Act (DOMA), which was an American federal law, enacted in 1996, that required that the federal state should only give recognition to opposite-sex marriages in the United States and also restricted federal marriage benefits to opposite-sex marriages.

The second case concerned the constitutionality of California's Proposition 8, a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California." The United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution. The Ninth Circuit Court of Appeals panel later affirmed the decision that Proposition 8 was unconstitutional.

Through the decisions delivered by SCOTUS today
1, the Defence Of Marriage Act (DOMA) was struck down as being unconstitutional by a 5-4 majority and
2. in the the Proposition 8 case the ruling was, by a 5-4 majority, that supporters of the measure did not have legal standing (did not have the right) to appeal the lower court's ruling, thereby leaving the earlier decision that the measure was unconstitutional standing and clearing the way for same-sex marriages to resume in California.

HALLELUJA!!! 

Two Exciting Days (Updated)

"This week, the U.S. Supreme Court will hear oral arguments in two key marriage cases: On Tuesday, the Court will hear oral arguments in Hollingworth v. Perry, the challenge to California's Proposition 8, and on Wednesday, the Court will hear oral arguments in Windsor v. United States, the challenge to the so-called Defense of Marriage Act."

For a live blog from the courtroom, and later a recording and a transcript of the proceedings, please visit Freedom to Marry, Live Blog

The Supreme Court is expected to announce its rulings in June 2013

You can listen to the oral arguments on Proposition 8 here.

Ruling on Prop. 8 Today

The U.S. Ninth Circuit Court of Appeals today issued a ruling that Proposition 8 in California was unconstitutional by banning same-sex marriages. With this ruling (by 2-1) the Court of Appeal upheld the previous ruling by judge Vaughn R. Walker on August 4, 2010.

The ruling today was stayed in anticipation of an appeal, so same-sex marriages will not resume yet.

It is expected that the ruling will be appealed to the Supreme Court of the United States.

Read more about this story on Eddi Haskell´s Second Life (url) and Joe.My.God.