Loving v. Virginia

Steve Beshear’s Headache

Kentucky Governor Steve Beshear speaks during a press conference after a closed joint whip and caucus meeting on the Affordable Care Act on Capitol Hill in Washington, DC, 5 December 2013. (Photo by Jim Watson/AFP/Getty)

Meanwhile, in the Bluegrass State:

David V. Moore and his fiancé went to the Rowan County Clerk’s office, armed with a copy of that Supreme Court ruling, in addition to Kentucky Governor Steve Beshear’s executive order requiring all county clerks to issue marriage licenses. In the video, employees appear to ignore the legal documents provided, continuing to refuse the couple’s request for a marriage license, while the Clerk Davis hid in the back of the office.

Writing on his Facebook wall, Moore says, “We were denied a marriage license on Monday, July 6 at the Rowan County Clerk’s office. Kim Davis is at the end of the video, but we turned it off at her request.”

The recording shows the men entering the clerk’s office and waiting patiently while other residents — including people who came in after the couple — are served. Staff at the counter refuse the men’s request and tell them that Clerk Davis is “busy right now.” Then employees called the police, insisting that the couple’s supporters stop filming the anticipated rejection.

A police officer arrives at the office toward the end of the video and speaks with employees. When Clerk Davis finally emerges from her office (around the 11 minute mark), she tells the supporter to “Put your phone away.” The two continue to bicker for a moment before the video ends.

Kentucky law does not forbid filming any interactions with public officials in a public place.

(Browning)

Oh, and you know there’s more.

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Nostalgia: The Mingling Scents of Bluegrass and Excrement

Ah, Kentucky. To the one, it is true that I believed nobody could top the stupidity of Paul Clement, arguing for House Republicans in Hollingsworth that irresponsible procreation by heterosexuals was a good reason to ban gay marriage.

To the other, there is Kentucky.

Kentucky Gov. Steve Beshear says the state’s ban on gay marriage should be upheld in part because it is not discriminatory in that both gay and straight people are barred from marrying people of the same gender.

In an argument labeled absurd by gay marriage advocates, Beshear’s lawyer says in a brief filed last week at the U.S. Supreme Court that “men and women, whether heterosexual or homosexual, cannot marry persons of the same sex” under Kentucky law, making the law non-discriminatory.

The argument mirrors that offered by the state of Virginia nearly 50 years ago when it defended laws barring interracial marriage there and in 15 other states, including Kentucky, by saying they weren’t discriminatory because whites were barred from marrying blacks just as blacks were barred from marrying whites.

The Supreme Court in 1967 rejected that argument in the historic case of Loving v. Virginia, in which Richard Loving, a white man, and Mildred Jeter, a black woman, were charged with a crime for marrying.

(Wolfson)

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Follow-up … Clean-up … Something-up

The Rachel Maddow Show, 6 October 2014

Rachel Maddow’s nearly giddy segment on msnbc last night noted that when the full effect of yesterday’s Supreme Court rejection of appeals against marriage equality reaches the states, the roster will equal thirty states. And she looked forward to decisions expected from the Sixth and Ninth.

Today, the hammer dropped in the Ninth; Dale Carpenter quips:

I haven’t read the Ninth Circuit opinion yet. I have to teach now, so it would be nice if the courts would stop issuing gay-marriage decisions for an hour or so.

The estimable Lyle Denniston of SCOTUSblog explains what happened in the Ninth:

The Ninth Circuit’s ruling was made up of three parts.

First, all three judges on the panel joined in an opinion by Circuit Judge Stephen Reinhardt finding that the Idaho and Nevada bans violate the constitutional guarantee of same-sex couples to be treated the same legally as opposite-sex couples. Second, Judge Reinhardt issued a separate opinion, for himself only, saying he would also strike down those bans under the Constitution’s Due Process Clause, arguing that the right to marry is a fundamental guarantee and that gays and lesbians have a right to share in that right. Third, Circuit Judge Marsha S. Berzon, in a separate opinion only for herself, said she would have also struck down the bans on the premise that they discriminate on the basis of gender.

The third member, Circuit Judge Ronald M. Gould, joined only the main opinion on the equal protection principle.

This ruling was perhaps the least surprising among four federal courts of appeals decisions striking down state prohibitions on same-sex couples marrying, and already-married couples gaining official state recognition of those unions, performed elsewhere.

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