IntenseDebate - DaveM

9 years ago @ Equality on Trial - Laws to Stop Marriage ... · 0 replies · +2 points

Ian,

I did speak a bit more broadly than I'd intended - so thank you for the correction. "Supersedes" was not intended to mean "totally pre-empts" - as states, e.g. the California state EPA, often set benchmarks far more stringent than federal law. However, states cannot set law that *conflicts* with federal law, and that is where AL will get in trouble.

Again, thanks for the correction.

9 years ago @ Equality on Trial - Laws to Stop Marriage ... · 27 replies · +18 points

Matt's not wrong, he's just ahead. Federal law, as established by Congress, interpreted by SCOTUS, and implemented by POTUS, always supersedes State law. This was established definitively in the case of Grant v. Lee, Appomattox 1865.
However, a Federal District court does not necessarily, on a matter of state law, stand superior to the decision of a state supreme court - that's up to the full power of the Federal government, backed by a decision of SCOTUS.
So once Obergefell is decided favorably, the AL SC's decision will fall as null and void. Until then, it will remain as a legacy of bigotry - and even after Obergefell, some judges may hold out that the law doesn't bind them. They will lose that argument.

9 years ago @ Equality on Trial - New development in pro... · 0 replies · +3 points

Yeah, that won't pass muster. Judges have a ministerial duty that ministers (hah!) of faith don't. So long as someone in the office issues the license, ok - but if the office won't, send in the Marshals. That's what they're for.

9 years ago @ Equality on Trial - BREAKING: Justice Depa... · 0 replies · +3 points

What's also interesting is that the BSA, now that it permits gay scouts (but not scouters, i.e. adults) to participate, has lost membership from the right. The splinter group is called "Trail Life USA".

Look, I'm an Eagle Scout - and I hold that as one of my high honors. I'm also a den leader for my son's Cub Scout pack, and I consider that an honor as well.

Change sometimes needs to happen from the inside. That's how I continue to justify my association with the BSA.

9 years ago @ Equality on Trial - Supreme Court to hear ... · 0 replies · +17 points

As a reminder, that 2.5 hours is to be broken up as follows:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? (90 min)
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? (60 min)

9 years ago @ Equality on Trial - Alabama Governor Rober... · 0 replies · +3 points

Yup. Just wasted a day though.

9 years ago @ Equality on Trial - Alabama Governor Rober... · 0 replies · +6 points

And this is why it's vitally important that every i is dotted and t is crossed. Because Searcy couldn't show harm, there's no case.
See Chris Geidner here. https://twitter.com/chrisgeidner/status/564889694...

9 years ago @ Equality on Trial - Alabama Governor Rober... · 0 replies · +9 points

This is big.

9 years ago @ Equality on Trial - BREAKING: Lawyers for ... · 4 replies · +5 points

Gov. Bentley has issued a statement: http://governor.alabama.gov/newsroom/2015/02/gove...

“This issue has created confusion with conflicting direction for Probate Judges in Alabama. Probate Judges have a unique responsibility in our state, and I support them. I will not take any action against Probate Judges, which would only serve to further complicate this issue.

“We will follow the rule of law in Alabama, and allow the issue of same sex marriage to be worked out through the proper legal channels.”

9 years ago @ Equality on Trial - BREAKING: Lawyers for ... · 11 replies · +9 points

I'm going to throw a bit of cold water on everyone now, just for a few minutes. There's nothing the Feds can do to kick the nonconforming judges out of office. However, they can rough 'em up a bit...

Roy Moore can't be removed from office except by Alabama, specifically the Court of the Judiciary or full-on impeachment proceedings. He can, however, be thrown in federal prison under contempt charges until he relents.

Probate judges can't be removed from office except by the CoJ or by the AL Supreme Court. They can also be thrown in federal prison though.
http://judicial.alabama.gov/judiciary/judiciary.c...

IntenseDebate Comment System

Connect with DaveM_OH

People I'm following

DaveM_OH