Monday, July 28, 2014

Fourth Circuit court of appeals strikes down Virginia's gay marriage ban

“We recognize that same-sex marriage makes some people deeply uncomfortable,” said Circuit Judge Henry F. Floyd. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”
Not too shabby. In other words "we know that they there are bigots out there but they can go fuck themselves, they can take this ruling down their pipes and smoke it." That's what I would have said if I were on the court. Just because you are a bigot it doesn't mean that all of us have to be taken down that route with you. If you oppose gay marriage, that is your problem and we shouldn't compromise other people's equal rights due to some neurotic paranoia or irrational fear that you might have about the "evil homosexuals."

But one of those bigots did land a job as a circuit court judge and was able to write a petty excuse of a dissent:
“[the ruling] fails to take into account that the ‘marriage’ that has long been recognized by the Supreme Court as a fundamental right is distinct from the newly proposed relationship of a ‘same-sex marriage.’ ”
The dissenting judge's paranoia and irrational fear is quite visible as he, like other bigots, refuse to even acknowledge that gay marriage, and by proxy gay relationships, has even existed.

Now the attorney general for North Carolina took the wise step of raising the white flag and decided to not waste his time and resources on bullshit arguments that we all know are bound to be deflated in court:
"It's time to stop making arguments we will lose and instead move forward, knowing that the ultimate resolution will likely come from the United States Supreme Court," he said.
The Attorney General's Office has "vigorously defended" North Carolina's law, he said, adding that they have "made about every legal argument imaginable" to fend off lawsuits challenging its legality. Given Monday's ruling, however, he said North Carolina would acknowledge the court's opinion that marriage is a fundamental right.
"All federal courts have rejected these arguments each and every time, so it's time for the state of North Carolina to stop making them," he said. "There's really no argument left to be made."
But the attorney general of South Carolina has not gotten the memo and is instead refusing to back down. Its like watching a retard ram himself against a brick wall still believing he can tear right through it:
“Currently, South Carolina’s law remains intact and, of course, our office will continue to defend it,” said Mark Powell, a spokesman for S.C. Attorney General Alan Wilson, a Republican who has fought to keep the ban. “Ultimately, this will be a decision for the U.S. Supreme Court. People should not rush to act or react until that time, when a decision is made by the highest court in the land.”
Meanwhile politicos have responded to the news of the ruling:

Virginia governor Terry McAuliffe:
"I am overjoyed by the news that, as a result of today’s ruling, Virginia will become a state where two people who love each other can get married regardless of their sexual orientation. This is a historic ruling for our Commonwealth, and its effect will affirm once again that Virginia is a state that is open and welcoming to all.
I want to thank Attorney General Mark Herring for his leadership in this case, and all of the men and women who fought for years to make this day a reality. Progress does not always come as quickly as we hope it will, but today is yet another example of how justice, equality and the people who fight for those values will always persevere in the end."
Sen. Mark Warner:
I am so happy that yet another federal court agrees that Virginia’s ban on gay marriage is unconstitutional,” Sen. Warner said. “Allowing people to marry who they love is the right thing to do, and it also strengthens our families and our communities. Virginia should be a welcoming place for all, and I am very pleased at the rapid progress toward marriage equality that we’re seeing in Virginia and around the country. 
Sen. Tim Kaine:
Today’s decision is a victory for the Virginia value of equality. I campaigned against the ballot initiative banning same-sex marriage in 2006 and was very disappointed when it passed. I am gratified that the 4th Circuit Court has recognized that this discriminatory provision has no rightful place in the Virginia Constitution. 
And as an interesting side note to this story, the appeals court even used fascist maniac Scalia's own rant in another gay rights case against him:
The appeals court cited Scalia’s dissent in the 2003 Lawrence v. Texas case, where he argued that striking down an anti-sodomy law would raise questions about laws based on moral choices, and argued that event ancient laws were not immune to attack.
“’Preserving the traditional institution of marriage’ is just a kinder way of describing the State’s moral disapproval of same-sex couples,” Floyd argued, quoting Scalia. “Preserving the historical and traditional status quo is therefore not a compelling interest that justifies the Virginia Marriage Laws.”