Liberty Counsel

Brian Tashman of Right Wing Watch put together a brief list―and thank him, since that means you don’t have to do it yourself―of strange arguments offered in support of Kim Davis, the Rowan County, Kentucky clerk who asserts her ad hoc religion entitles her, as an equally protected constitutional right, to decide who is entitled to their equally protected constitutional rights.

The list itself is pretty straightforward except for its unbelievability; yet here we are, and this is real:

(1) God’s law trumps U.S. law

(2) Davis was elected before Obergefell, so she’s exempt

(3) Davis is the only clerk obeying the law

(4) Gays can just drive to another county

(5) Anti-religious test for office

While it is true that these are all nonsensical, we might take a moment to consider that first, reminding of two points: Insurrection and bad attorneys.

The Supremacist’s Lament

“Public officials are ministers of God assigned the duty of punishing the wicked and protecting the righteous.”

―Win Johnson

The disgraceful derby scrambling in the wake of Obergefell has yet to settle out; with presidential candidates struggling to find ways to evade the U.S. Constitution, or taking up the notion of just calling the whole marriage thing off, an Alabama attorney named Win Johnson has appealed to Gov. Robert Bentley (R) to opt out of the U.S. Constitution. Mr. Johnson, for his part, is a state official, a director at the Administrative Office of Courts, which in turn oversees the courts for state Chief Justice Roy Moore.

It seems a striking letter; Charles J. Dean reported, for AL.com:

In harsh words and a lecturing tone, a lawyer who works for Alabama Supreme Court Chief Justice Roy Moore has written a letter seemingly directed at Gov. Robert Bentley rebuking him for saying Alabama will obey the U.S. Supreme Court ruling declaring same-sex marriage legal.

More appropriately, it really is a striking letter, so wild-eyed and seemingly irresponsible that the Souther Poverty Law Center has called for Johnson’s resignation.

And let us be clear; part of the problem with excerpting the letter is that the whole thing really is a show and a half. Christian supremacism, abdication of duty, rejection of the Constitution, and hey, even a Godwin violation just to hit for the cycle. Again, let us be clear: All for hatred in Jesus’ name, amen.

Cowardice and Hatred, or, Alabama

Perhaps “Yellowhammer State” is the wrong nickname for Alabama, which seems determined to identify according to its titanic yellow streak.

This is what cowards do:

Less than two weeks after a federal judge ordered him to comply with her ruling legalizing same-sex marriage, Mobile County’s probate judge has indicated he will not process a couple’s adoption petition until after the Supreme Court decides another case.

That has put Cari Searcy’s second-parent adoption in legal limbo and prompted her lawyers to filed a new lawsuit Tuesday in federal court asking for an order prohibiting Probate Judge Don Davis from “directly or indirectly” enforcing the state’s same-sex marriage ban that the federal judge struck down last month.

It was Searcy’s inability to adopt the boy that she and spouse Kim McKeand have raised since birth that prompted them to challenge Alabama’s ban on same-sex marriage.

David Kennedy, one of the couple’s lawyers, expressed exasperation at Davis’ decision. He noted that the U.S. Supreme Court allowed U.S. District Judge Callie V.S. “Ginny” Granade’s order to take effect and that Granade handed down a separate order on Feb. 13 specifically instructing Davis to stop enforcing the gay marriage ban.

(Kirby)

And if this isn’t enough of an indictment of the low character of Alabama, well, they do go on:

U.S. Sen. Richard Shelby said today he has a traditional view of marriage and he understands Alabama Supreme Court Chief Justice Roy Moore’s resistance to the state’s acceptance of same-sex marriage.

“I’ve always believed and still believe that marriage should be between a man and a woman. I voted on that in the U.S. Senate,” Shelby, a Republican from Tuscaloosa, said after speaking this morning to the Montgomery Area Chamber of Commerce.

“I think the overwhelming majority of the people still believe that.”

(Cason)

We should not be surprised. Neither Shelby’s ignorance nor cheap hatred reflects anything unusual about what goes on in Alabama. Consider that by Shelby’s logic―

“We had a federal district court in Mobile make a ruling, then they had a ruling from the 11th Circuit, but the Supreme Court hasn’t. So I think that’s the point [Roy Moore is] making, that it’s not a final ruling, as I understand it,” Shelby said.

―nobody anywhere needs obey a court until they reach the Supreme Court and lose. And if that sounds strange, it is. But it’s also the result of applying Shelby’s particular argument to general consideration. In a more mundane consideration, it is also worth pointing out that Sen. Shelby is wrong; polling shows Americans support marriage equality. But, hey, this is Alabama, so what need have they for reality or basic decency, right? Just say whatever the hell they want, because, you know, they’re from Alabama, which means they’re automatically correct even when reality disagrees.

Really. Alabama. They keep electing these bigots; at some point those votes start to reflect on the character of the state, and it is not what we might call a flattering picture.

But, oh, how they do go on:

Yellowhammer Pride

“Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. If Plaintiffs take all the steps that are required in the normal course of business as a prerequisite to issuing a marriage license to opposite-sex couples, Judge Davis may not deny them a license on the ground that Plaintiffs constitute same-sex couples or because it is prohibited by the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act or by any other Alabama law or Order pertaining to same-sex marriage. This injunction binds Judge Don Davis and all his officers, agents, servants and employees, and others active in concert or participation with any of them, who would seek to enforce the marriage laws of Alabama which prohibit or fail to recognize same-sex marriage.”

―Judge Callie V. S. Granade

So it begins.

As some Alabama judges continue to refuse the United States Constitution, to which they had hitherto sworn, federal Judge Callie Granade of the Southern District of Alabama―indeed, the very judge Chief Justice Roy Moore and others are refusing to recognize―has issued a straightforward response in ordering a Mobile County Probate Judge, Don Davis, to do his damn job.

Amanda Terkel of Huffington Post tries to explain:

A federal judge ordered a county official in Alabama to issue marriage licenses to same-sex couples Thursday, saying they can no longer ignore her earlier ruling that struck down the state’s marriage equality ban.

Alabama’s same-sex marriage ban began crumbling in January, when U.S. District Judge Callie Granade found it unconstitutional. At the request of the state attorney general, Granade put a two-week stay on her ruling so the state could ask the U.S. Supreme Court to intervene and delay it even longer. On Monday morning, however, the Supreme Court declined to get involved, and Alabama became the 37th state where gay marriage is legal.

Despite the ruling, dozens of probate judges around the state have refused to comply with Granade’s ruling. According to the Human Rights Campaign, which advocates for lesbian, gay, bisexual and transgender rights, as of Thursday afternoon, only 23 of the state’s 67 counties were issuing marriage licenses to all couples.

Their defiance is due to instructions from Alabama Supreme Court Chief Justice Roy Moore (R), who sent an order to the state’s probate judges Sunday night not to issue marriage licenses to same-sex couples. He argued that they were not bound to follow the federal ruling.

The South might hope to rise again, but this romp is pretty flaccid. Even Supreme Court Justice Clarence Thomas knows the anti-gay day is over. But, you know, this is how it goes. Alabama really needs to fight this fight, and lose, so it can feel further injured by the fact of being American.

____________________

Granade, Callie V. S. “Order”. Strawser, et al., v. Strange and Davis. United States District Court for the Southern District of Alabama Southern Division. 12 February 2015.

Terkel, Amanda. “Federal Judge Orders Alabama Official To Stop Denying Marriage Licenses To Same-Sex Couples”. The Huffington Post. 12 February 2015.

The Future, Revealed?

We might for a moment pause to recall 2010. Republicans achieved a majority in the U.S. House of Representatives, but the real story was in the state houses, where the GOP made astounding gains by hammering away at the economic instability their Congressional partners worked so hard to create.

And then they tacked away from jobs. As Rachel Maddow memorably put it, “Jobs, jobs jobs … j’abortion”. State-level Republicans passed record numbers of anti-abortion bills, knowing that most of them were unconstitutional. And it is certainly an old conservative scheme, to tilt windmills, lose, and then bawl that the sky is falling because the Constitution is Sauron and Democrats and liberals the armies of Mordor.

With many predicting a Republican blowout in the 2014 midterms, some are looking ahead to figure out just what that will means in terms of policy and governance. And some of those are Republicans.

Yet there is a week left; perhaps this isn’t the best time to be telegraphing the Hell they intend to call down upon the Earth.

Or, as Lauren French and Anna Palmer of Politico explain:

Conservatives in Congress are drawing up their wish list for a Republican Senate, including “pure” bills, like a full repeal of Obamacare, border security and approval of the Keystone XL pipeline — unlikely to win over many Democrats and sure to torment GOP leaders looking to prove they can govern.

Interviews with more than a dozen conservative lawmakers and senior aides found a consensus among the right wing of the Republican Party: If Republicans take the Senate, they want to push an agenda they believe was hamstrung by the Democratic-controlled chamber, even if their bills end up getting vetoed by President Barack Obama.

Their vision could create problems for congressional leaders who want to show they aren’t just the party of “hell no.” And while conservatives say they agree with that goal, their early priorities will test how well John Boehner and Mitch McConnell can keep the party united.

Two points: Swing voters can’t say they weren’t warned. And conservative voters complaining about gridlock should admit that’s what they’re after.