Louisiana: Helping Build Family Values … and Families


¡Freak Flag Fly!

Begging your pardon, there are certain things we need to make clear. Let us start with two paragraphs from Judge Edward D. Rubin that bear actual life-altering influence:

The court grants the Petitioners’ Motion for Summary Judgment and denies the Defendants’ Motion for Summary Judgment. It hereby declares that La. Const. Article XII, Section 15 (the Defense of Marriage Act/DOMA) and La. Civil Code Articles 86, 89, and 3520(B) are unconstitutional because they violate the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution and Article IV, Section 1, the Full faith and Credit Clause of the United States Constitution. Louisiana’s Revenue Bulletin No. 13-024 (9/13/13) is likewise declared unconstitutional as it violates the petitioners’ rights guaranteed by the Due Process and Equal Protection Clauses of the 14th Amendment of the U.S. Constitution. Hence, Tim Barfield in his official capacity as the Secretary of the State of Louisiana Department of Revenue, is hereby ordered to act in accordance with this court’s ruling and allow the petitioners to file their state tax returns as a couple whose marriage is valid and recognized in Louisiana. The court hereby enjoins the state from enforcing the above referenced laws to the extent that these laws prohibit a person from marrying another person of the same sex. Additionally, having ruled that the petitioners’ marriage shall be recognized by the state of Louisiana, it follows that Angela Marie Costanza has satisfied the requirement of stepparent under the provisions of La. Ch. C. article 1243, which allows for intrafamily adoption. The court reaffirms its previous decision in Adoption of (__) which declared Angela Costanza’s adoption of (__) to be in the child’s best interest. The minor child, (__), is declared, for all purposes to be the child of petitioner, Angela Marie Costanza to the same extent as if (__) had been born to Angela Costanza in marriage. As such, the court further orders Devin George in his official capacity of the State’s Registrar of Vital Records, to issue a new birth certificate naming Angela Costanza as (__)’s mother.

The State of Louisiana is hereby ordered to recognize the Petitioners’ marriage validly contracted in California as lawful in this state, pursuant to the Full Faith and Credit guaranteed by Article IV, Section 1 of the United States Constitution.

This is what it looks like when justice comes.

There is, of course, a backstory.

Continue reading

This America Is Brought To You By ….


Remember this ....Via that blessed scourge otherwise known as Facebook comes a lovely gem that everyone should grab a local copy of, and hang onto until the 2016 presidential race. Some things really are that important.

(Tip o’the hat to D.P.)

Ignorance of History


“Does the House Report say that? Of course, the House Report says that.”

Paul Clement

Chief Justice John RobertsThere really is no point in gloating, fretting, or prognosticating about what we’ve heard from the Supreme Court this week. Indeed, even Justice Scalia—the Great Grumpus Cat of the Supreme Court—can still surprise, and when weighing his homophobia in a tax fight, it’s hard to figure which way he’ll go.

Still, though, Chief Justice John Roberts provided an interesting, tangential branch in the discussion that some have noted.

Ryan Grim summarizes, for Huffington Post:

Supreme Court Chief Justice John Roberts on Wednesday reacted incredulously to the notion that members of the Senate or the U.S. president may have been motivated to pass the Defense of Marriage Act by animus or moral objection to gay and lesbian couples. It was a window into his apparent belief that the U.S. is simply not a place burdened by such things as bigotry or racism.

When I read about Roberts’ remarks, I thought of a conservative associate who has a similar argumentative style; it is almost as if history doesn’t exist. It is a problem in our public discourse. Two people who are reasonably educated about history can have a thoughtful discussion about historical issues; it’s not the same, though, if one has to spend the whole time reminding the other of what is actually in the historical record. Obviously, the Chief Justice isn’t the only one; listen to how many educated pundits and analysts can’t seem to think back to recent history.

Continue reading

Sotomayor: Early notes


An early barometer, of sorts ….

Adam Liptak, for the New York Times:

Judge Sonia Sotomayor’s judicial opinions are marked by diligence, depth and unflashy competence. If they are not always a pleasure to read, they are usually models of modern judicial craftsmanship, which prizes careful attention to the facts in the record and a methodical application of layers of legal principles.

Judge Sotomayor, whom President Obama announced Tuesday as his choice for the Supreme Court, has issued no major decisions concerning abortion, the death penalty, gay rights or national security. In cases involving criminal defendants, employment discrimination and free speech, her rulings are more liberal than not.

But they reveal no larger vision, seldom appeal to history and consistently avoid quotable language. Judge Sotomayor’s decisions are, instead, almost always technical, incremental and exhaustive, considering all of the relevant precedents and supporting even completely uncontroversial propositions with elaborate footnotes.

Brian Dickerson, for the Detroit Free Press tells us all about Sonia Sotomayor, Princeton University residential adviser.

Howard Kurtz, of the Washington Post, on the spin war.

Daphne Eviatar and the Washington Independent strike back against early GOP rabble-rousing.

• Politico has broad early coverage, including Josh Gerstein and Eamon Javers projecting the political battle, Ben Smith and Josh Kraushaar on the politics of the pick, and Jeanne Cummings on GOP tousling over opposition strategies.

Emily Bazelon discusses Sotomayor’s mysterious Ricci ruling—sure to be a focus of the confirmation politics—at Slate.

The Hill offers up what are apparently the first round of RNC talking points.

• And then there’s Gawker with the yearbook photo, quote, and expectations of a requisite uproar.