Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Wednesday, February 26, 2014

Rick Perry is Hurt about the Texas Marriage Ban Ruling


Ricky was so hurt about this that he put out an official statement
"Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens. The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state."
Hush up, Rick!

source

Thursday, February 13, 2014

Virginia's Gay Marriage Ban is Unconstitutional!


Something's in the water!

Federal Judge Arenda Wright Allen ruled that Virginia's marriage ban is unconstitutional! No word about gay marriage right now, but this is really something serious!

source

Monday, August 12, 2013

Federal Judge Rules: Stop-and-Frisk Practice Violates Rights


A Federal judge said that the racially fueled stop-and-frisk program violates the constitutional rights of minorities and calls for a federal monitor to oversee broad reforms.

All of this came down today! Judge Shira A. Scheindlin ruled that stop-and-frisk is just plain wrong. If you are not familiar with this 'program', it goes like this: police officers just stops and frisks innocent folks all through NYC. The folks who are usually stopped are men of color (yeah, that was the quick and dirty definition)  The judge ruled that stop-and-frisk actually violates the Fourth Amendment and the 14th Amendment’s equal protection clause.

Judge Scheindlin presented other ideas to deal with the stop-and-frisk program and brought in an outside lawyer to monitor the Police Department’s compliance with the Constitution. I am so glad to hear this. Stop-and-frisk was a terrible idea and I hope this mess will never happen again.

More to come as this story rolls out.

source

Thursday, May 31, 2012

Federal Appeals Court stated that DOMA Unconstitutionally denies federal benefits to Married Gay Couples


Another fantastic blow to DOMA! Today, a federal appeals court said that DOMA denies federal benefits to married gay couples and it's unconstitutional.

AP News writes:
In its unanimous ruling, the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston said the 1996 law that defines marriage as a union between a man and a woman discriminates against gay couples because it doesn't give them the same rights and privileges as heterosexual couples.
The court didn't rule on the law's other politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry.
And
 The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.
Soon there won't be much left of this hateful law. I'm getting excited.

Tuesday, February 7, 2012

Court Rules: Prop. 8 is Unconstitutional!


By a 2-1 decision of the U.S. 9th Circuit Court of Appeals, Prop 8 violates the U.S. Constitution.

The haters vowed to appeal.

READ the ruling
Ninth Circuit Prop. 8 decision



source

Monday, December 13, 2010

In Virginia: Federal Court claims Health Care Reform Unconstitional

This is a great way to start Monday... Bush appointed judge, Henry E. Hudson declared Obama administration's health care law unconstitutional
U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida.
Virginia Republican Attorney General Kenneth Cuccinelli filed a separate lawsuit in defense of a new state law that prohibits the government from forcing state residents to buy health insurance. However, the key issue was his claim that the federal law's requirement that citizens buy health insurance or pay a penalty is unconstitutional.
Hudson, a Republican who was appointed by President George W. Bush, sounded sympathetic to the state's case when he heard oral arguments in October, and the White House expected to lose this round.
Administration officials told reporters last week that a negative ruling would have virtually no impact on the law's implementation, noting that its two major provisions - the coverage mandate and the creation of new insurance markets - don't take effect until 2014.


And you know the GOP/Tea Party freaks will try to use this to repeal Health Care.

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Thursday, September 30, 2010

Judge Walker will leave the bench next year


Bittersweet news, gang. Judge Vaughn Walker, the man who ruled that Prop 8 was unconstitutional, is leaving the bench in February.

In a press release from the United States District Court for the Northern District of California, Walker announced he plans step down as chief judge effective December 31 and that he notified President Barack Obama by letter today that he would leave the court in February.

District Judge James Ware will assume the post of chief judge of the Northern District on January 1. Upon leaving the federal bench, Walker plans to return to the private sector.

In his letter to the president, Walker wrote, "Concluding 21 years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system."
It will be sad to see him go, but at least he will leave on a high note.

source

Friday, September 10, 2010

Dan Choi on the DADT Ruling

Interesting Quote: Tony Perkins


“It is hard to believe that a District Court level judge in California knows more about what impacts military readiness than the service chiefs who are all on the record saying the law on homosexuality in the military should not be changed. Once again, homosexual activists have found a judicial activist who will aid in the advancement of their agenda. This is a decision for Congress that should be based upon the input of the men and women who serve and those who lead them."

Tony's mad about the DADT ruling.

READ the DADT Ruling

DADT Ruling

Thursday, September 9, 2010

Judge Declares DADT Unconstitutional!


Yep, you hear me DADT was just declared unconstitutional!

Here's a brief scoop... More to come.

A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don’t ask, don’t tell” policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.


Thursday, August 5, 2010

Wednesday, August 4, 2010

Quick Update of the Prop 8 Ruling

Judge Vaughn Walker has just issued a stay on his ruling until Friday, effectively putting his ruling that Prop 8 is unconstitutional, on hold.

There already is an appeal filed by Protect Marriage so far, I feel that more will come.

But for now.... Celebrate!

Prop 8 Ruled Unconstitutional!!!

Prop 8 Ruling

Monday, February 23, 2009

NAACP says Prop 8 is WRONG


I knew Benjamin wouldn't let me down.

In lieu of their 100th anniversary, the NAACP said they were going to make some changes...starting with a strong statement about Prop 8. Benjamin and NAACP national board chair Julian Bond sent a letter to legislative leaders pushing the passage of House Resolution 5 and Senate Resolution 7, to make Prop 8 unconstitutional.

Benjamin said:

“The NAACP’s mission is to help create a society where all Americans have equal protection and opportunity under the law. Our mission statement calls for the ‘equality of rights of all persons.’ Prop. 8 strips same-sex couples of a fundamental freedom, as defined by the California State Supreme Court. In so doing, it poses a serious threat to all Americans. Prop 8 is a discriminatory, unprecedented change to the California Constitution that, if allowed to stand, would undermine the very purpose of a constitution and courts–assuring equal protection and opportunity for all and safeguarding minorities from the tyranny of the majority.”

Hopefully this will remind folks that Black folks supports the gays.

Thanks to Mad Professah for the heads up

Thursday, February 5, 2009

DOMA is UNCONSTITUTIONAL


Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals said that DOMA or Defense of Marriage Act is unconstitutional.

According to him, it denies benefits to gay federal employees' spouses... And I agree.

Here's the legal stuff

"The denial of federal benefits to same-sex spouses cannot be justified simply by a distaste for or disapproval of same-sex marriage or a desire to deprive same-sex spouses benefits available to other spouses in order to discourage exercising a legal right afforded them by the state," Reinhardt wrote in his Feb. 2 order....

Both orders are internal employee grievance decisions. Both found in favor of the gay employees, directing court administrators to give health insurance benefits to their spouses. The orders also represent direct challenges to DOMA, the 1996 act that forbids the federal government from treating same-sex relationships as marriages for any purpose.

A lawyer for the staff attorney said this is believed to be the first time federal employees will get benefits covering a same-sex spouse.


Big changes are coming

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Viktor is a small town southern boy living in Los Angeles. You can find him on Twitter, writing about pop culture, politics, and comics. He’s the creator of the graphic novel StrangeLore and currently getting back into screenwriting.