Justice (Northern Flicker)

This is why:

Imagine sitting at your critically ill son’s bedside with your wife, watching the life ebb from the infant’s tiny body. Your baby is losing weight and desperately needs a feeding tube to sustain him until he receives an open-heart surgery, his only hope for survival, that is still two weeks away.

Your wife, upset and emotional, is unable to learn how to insert the tube. She is bullied by nurses and becomes hysterical so you step in and volunteer to take her place. But, because you are also a woman and living in a state with arcane marriage and adoption laws, you are denied. You are told, “You are not his mother.”

Cari Searcy and Kim McKeand of Mobile, Alabama, didn’t have to imagine this nightmare, because they had to live it. First they were stunned, then they were furious. And then they waged war against those arcane laws and changed history when they won.

(Hallstrom and Nichols)

And last month, on 24 July, Cari Searcy, whose name might ring a bell, and her wife Kim McKeand, went before Visiting Judge James Reid―sitting in for the infamous Probate Judge Don Davis―to receive approval for an intrafamily adoption. Khaya’s mothers are now both legally his mothers.

And this is why. Stand, speak, fight, win. Love. Live.

For all these years of fighting, Cari and Kim and Khaya now begin their adventure anew. It is our honor to bear witness, that this family should triumph over harmful and hateful Alabama “values”.

This is what Attorney General Luther Strange sued to stop. This is what even Supreme Court Justice Clarence Thomas could see when he conceded the inevitability of marriage equality^α. This is why Chief Justice Roy Moore would refuse the U.S. Constitution, and Probate Judge Don Davis choose derelection. This is why Alabama would disgrace itself.

This family.

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Image note: Cari Searcy and Kim McKeand, with son Khaya, in court at Mobile, Alabama, 24 July 2015, after Visiting Judge James Reid approved an intrafamily adoption petition. Alabama Attorney General Luther Strange protested the Searcy-McKeand marriage all the way to the United States Supreme Court. (Detail of photo from Let Love Define Family)

^α From Justice Thomas’ dissent in Strange v. Searcy, in which the Court majority denied the State of Alabama stay against recognizing the same-sex marriage of Cari Searcy and Kim McKeand: “In this case, the Court refuses even to grant a temporary stay when it will resolve the issue at hand in several months.”

Hallstrom, Beth. “Here’s How Two Women Changed The Lives Of LGBT Families In Alabama Forever”. Ed. JamesMichael Nichols. The Huffington Post. 8 August 2015.

Thomas, Clarence. “On Application for Stay”. Strange v. Searcy. Supreme Court of the United States. 9 February 2015.

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.

Yellowhammer Chaos

The legislation may have lacked any real inspiration, but the silver lining is rather quite funny:

Legislation that would take the state of Alabama out of the business of issuing marriage licenses died in the House of Representatives committee today.

“This bill does not destroy marriage,” Rep. Greg Albritton, R- Bay Minette, said. “This bill does not denigrate marriage. This bill doesn’t desanctify marriage because the state cannot sanctify marriage” ....

.... Albritton said the bill would simply substitute the license for a marriage contract that would be filed in the probate office and would take away the requirement for a marriage ceremony.

It was an attempt to prevent chaos from ensuing if the Supreme Court legalizes gay marriage this summer, he said.

“My goal is not to protect a group,” Albritton said. “My goal is to protect the state.”

(Edgemon)

Yes … protecting the state. From what, exactly?

This is the problem: When they said human rights for homosexuals threatened civilized society, we should have paid more attention in order to recognize what they meant: If homosexuals get human rights, conservatives will set about trying to destroy civilized society.

Prevent chaos from ensuing? But whence comes the chaos? This seems a little bit like preventing a bank robbery by giving the money to the thieves before they walk in.

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Image note: “Now why was that?” Mamimi searches for an answer, under the bridge in Mabase. (Detail of frames from FLCL episode 1, “Fooly Cooly”.)

Edgemon, Erin. “Legislation that would get Alabama out of the marriage license business dies”. AL.com. 3 June 2015.

The Gay Fray

Notes from the Gay Fray:

• Mark the date: 28 April 2015. (Reuters)

• Alabama Chief Justice Roy Moore tells judges to defy federal law. (Huffington Post)

• Is marriage equality a sign of the End Times? (Huffington Post)

• GOP presidential dreamer Ben Carson does what he does best: Open mouth, insert foot. (msnbc)

• For an encore, Dr. Carson blames the press and says, “I’m not going to really talk about that issue anymore”. (Huffington Post)

• Dan Savage. Why? Because. (Slog)

― While we’re on the subject, there is also the fallout, which is well worth the savagery. (Slog)

• And something almost interesting, a right-wing sensationalist named Shoebat arguing something about Daa’ish as a component of the gay agenda. Yes, really. (Right Wing Watch)

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.

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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.