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Thursday, December 18, 2014

U.S. Supreme Court schedules conference on Louisiana gay marriage appeal


WASHINGTON — The U.S. Supreme Court has distributed for conference an appeal by plaintiffs in a challenge to Louisiana’s same-sex marriage ban.

In September, U.S. District Judge Martin Feldman in New Orleans upheld Louisiana’s ban, a rare loss for marriage equality advocates who, at the time, had won more than 20 consecutive rulings overturning bans in other states.

An appeal of that ruling is tentatively set to be argued in January at the U.S. Circuit Court of Appeals for the Fifth Circuit, which has jurisdiction over Louisiana, Mississippi and Texas.

However, on Nov. 20, lawyers for gay rights groups Lambda Legal and Forum for Equality Louisiana asked the Supreme Court to take the rare step of reviewing Louisiana’s case ahead of those arguments.

The justices rarely agree to hear a case before a federal appeals court has weighed in, and to date, none of the other petitions currently before the Court in the marriage cases — Michigan, Ohio, Kentucky and Tennessee — have been distributed for conference.

The action Wednesday does not guarantee the court will decide to hear a same-sex marriage case. But the January meeting will be the first time the justices will have had the issue before them since they opted in October against hearing appeals from five other states.

The last distribution list for the Jan. 9 conference will be created on December 23.

Wednesday, December 17, 2014

Florida: Broward County judge grants state’s first same-sex divorce



CURT ANDERSON | Associated Press

FORT LAUDERDALE, Fla. — The first formal divorce for a same-sex couple in Florida history was granted Wednesday by a Broward County judge who used the case to join other judges in declaring the state’s ban on same-sex marriage is unconstitutional.

Circuit Judge Dale Cohen on Wednesday dissolved the marriage of Heather Brassner and Megan Lade in a brief hearing. They were united in a 2002 civil union in Vermont but Brassner was unable to obtain a divorce in Florida for five years since their relationship ended.

“It’s like an emotional weight being lifted off,” said Brassner, who is from Lake Worth. “I just feel free and I couldn’t have gotten a better holiday gift.”

Cohen ruled in August that Florida’s gay marriage ban is unconstitutional because it violates the Fourth Amendment’s guarantees of equal protection and due process. Because the ruling came in a divorce case, it has the effect of also declaring that out-of-state gay marriages should be recognized in Florida. It does not mean same-sex marriage licenses can be issued in Broward County.

“This is a historic day. This is the first divorce for a same-sex couple. It will not be the last divorce,” said Brassner attorney Nancy Brodzki.

Lade did not take part in the divorce and Brassner said she had not seen her former partner for several years. A private investigator was unable to find any trace of her, Brodzki said in court.

Brodzki said she expects Attorney General Pam Bondi to appeal the decision, just as she has several other rulings against the gay marriage ban by state and federal judges.
“We expect the state to continue to fight until there is no longer any possibility of them waging a fight,” Brodzki said.

There was no immediate reaction from Bondi’s office, but the attorney general has been battling on several legal fronts in support of the same-sex marriage ban enshrined in the state constitution by voters in 2008.

At the federal level, U.S. District Judge Robert Hinkle has declared the same-sex marriage ban unconstitutional, but put a hold on gay marriages until the end of the day Jan. 5 to allow Bondi appeal.

Justice Clarence Thomas, who hears emergency appeals from Florida, Georgia and Alabama, wants all briefs on the stay extension to be filed by late afternoon Thursday. There is no immediate timetable for his decision, and it remains unclear how many of Florida’s 67 court clerks would issue marriage licenses to same-sex couples if the stay is lifted.

State appeals courts are considering several other rulings that would strike down the same-sex marriage ban.

ACLU Files Response in Appeal of Florida Marriage Ruling


FOR IMMEDIATE RELEASE – December 17, 2014

CONTACT:  ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737

MIAMI, FL – Today, the ACLU filed its brief in the State of Florida’s appeal at the 11th Circuit of a federal court ruling striking down the state’s ban on granting and recognizing marriages between couples of the same sex as unconstitutional.

On August 21st, U.S. District Judge Robert Hinkle issued a ruling overturning Florida’s ban on marriage for same-sex couples as a result of two separate federal lawsuits: one brought by the ACLU of Florida on behalf of eight couples, a Ft. Myers widow, and South Florida’s largest LGBT rights organization, SAVE; the other brought by Jacksonville attorneys William Sheppard and Sam Jacobson.

On September 4th, Attorney General Pam Bondi appealed that decision to the 11th Circuit Court of appeals. The brief filed today is the ACLU’s response to the state’s appeal.

“The couples we represent – and same-sex couples all over the state of Florida – have waited long enough,” stated ACLU of Florida LGBT rights staff attorney Daniel Tilley. “Judge Hinkle was right to find that the discriminatory ban, which is causing real harm to Florida families every day that it is in effect, is unconstitutional. We look forward to arguing on behalf of those families before the 11th Circuit.”

Yesterday, the U.S. Supreme Court also asked attorneys for the plaintiffs to respond to the State of Florida’s request to extend the stay of the ruling, which is set to expire on January 5th. The ACLU’s response is due tomorrow, December 18th, at 5pm.

“Enough is enough,” stated SAVE Executive Director Tony Lima. “Gay and lesbian couples have waited long enough for the State of Florida to recognize that they should have the same rights as everyone else.  We hope that the 11th Circuit makes a speedy decision to uphold the ruling in favor of equality for gay and lesbian Floridians. We also look forward to celebrating our victory on January 6, 2015 when the stay is lifted, because marriage equality is inevitable in Florida.”

From the brief filed today:
“Like other committed same-sex couples in Florida, the Grimsley Appellees are severely harmed by Florida’s exclusion of them from the protections of marriage. Their stories illustrate the profound and far-reaching effects of the marriage ban on families.

[…]

“The Appellees and other lesbian and gay couples in Florida suffer serious irreparable harm every day that the marriage ban remains in effect, denying them critical protections that come with marriage and subjecting them to the significant stigma that flows from being branded ‘second-tier’ families… Allowing them to marry and have their marriages recognized will harm neither the State nor the public interest.
Today’s filing can be found here: https://aclufl.org/resources/grimsley-11th-circuit-appeals-brief/

Attorneys from the ACLU, the ACLU of Florida and Stephen F. Rosenthal of Podhurst Orseck, P.A. represent eight same-sex couples, a widow from Ft. Myers, and SAVE, South Florida’s largest LGBT rights organization, in a federal lawsuit challenging Florida’s marriage ban.

 

Reggie Fullwood for Florida House District 13: A Warning to other Political Candidates of Jacksonville


By David Vandygriff

With a 10.36% voter turn-out in what would have normally given a GOP Candidate a victory, the Democrat HRO Supportive Candidate won the race yesterday in Jacksonville. His opponent was a current City Councilman, Dr. Johnny Gaffney. We must say Gaffney is a Democrat but opposes a fully inclusive HRO in Jacksonville, by his voting record during the HRO 296. Gaffney was one person that changed his vote for the amended HRO 296 that resulted in LGBT being unprotected in Jacksonville. Fullwood not only won the race but beat Gaffney by double. WOW this should be a key indicator to other political candidates that the LGBT Voting Block is not to be ignored in Jacksonville. 

One cannot say that there was any major difference among the candidates, because both were democrats, both were African American, both work for the under privileged, both have community ties, etc. The ONLY factor one can see a stark contrasting difference is the support of the LGBT Community. Many have attempted to argue that the Silent Mayor Alvin Brown’s choice to not support the HRO was due to the lack of support within the African American Community. Well, we are seeing a huge movement within the African American Community in supporting a local HRO to include LGBT. 

As the Primaries of March 2015 quickly approach, the LGBT Community needs to be more focused, engaged, and supportive of the African American Community. These two communities coming together could result in the TRUE Grassroots Efforts needed to change our community from race relations to inequality within the LGBT community. 

Even with the growing support within the African American Faith Based Communities, the struggles remain apparent for the both communities. We are ALL HUMAN and Gay Rights – Civil Rights are Human Rights. 

What have you done to become engaged? Have you voted? Have you donated to a political campaign? Have you talked with a political candidate? Did you even know that Jacksonville has an OPENLY GAY City Council Candidate running for District 7 in 2015?

Tuesday, December 16, 2014

Breaking: Supreme Court Accepts Florida Marriage Petition, Calls For Response

Supreme Court Justice Clarence Thomas has accepted Pam Bondi's petition asking to extend the stay on a ruling striking down Florida's same-sex marriage ruling. What's next? 

Late this afternoon SCOTUS Justice Clarence Thomas called for a response from the plaintiffs in a Florida same-sex marriage case. Late yesterday, Attorney General Pam Bondi filed an extensive emergency petition asking Justice Thomas to extend a stay due to expire after January 5. 

Justice Thomas could have ignored the petition, or sent it to the full court, but it appears he has made the decision himself to consider the stay request.

That decision is unsurprising, given that Justice Thomas had made clear in other stay requests that were denied he would granted them.

Stay tuned.

 

Law firm to Florida court clerks: Issue same-sex marriage licenses and you risk arrest

Gay rights activists were ecstatic: Come Jan. 6, they thought, Florida same-sex couples would be lining up at courthouses around the state to get married.

But that is not what the people who issue marriage licenses in Florida — county clerks of court — say.

They are trying to determine whether a Tallahassee law firm is right when it says that every Florida clerk, except the one in Washington County, would be committing a crime if he or she issues marriage licenses to same-sex couples.

The firm of Greenberg Traurig, legal counsel to the Florida Association of Court Clerks and Comptrollers, this week updated a memo it sent July 1 that says the same thing: If you issue a marriage license to two people of the same sex, you've committed a first-degree misdemeanor and could spend a year in the county jail.

In a statement Tuesday, Executive Director Kenneth A. Kent said, "At this time of uncertainty, the Florida Court Clerks & Comptrollers have been advised by the association to follow the advice of our legal counsel and not issue same-sex marriage licenses until a binding order is issued by a court of proper jurisdiction."

"I think they're dead wrong," said Elizabeth White, one of the Jacksonville lawyers representing Stephen Schlairet and Ozzie Russ, a same-sex Washington County couple who, along with several others, convinced U.S. District Judge Robert Hinkle in Tallahassee to overturn Florida's ban on same-sex marriage in August.

He imposed a stay, however, to give the state time to appeal. Two weeks ago, when the 11th Circuit Court of Appeals rejected the state's request to extend the stay beyond Jan. 5, gay rights activists began planning celebrations for what many believe will be a flood of same sex marriage applications Jan. 6.

Florida Attorney General Bondi on Monday asked the U.S. Supreme Court to extend the stay. Daniel Tilley, an attorney for the American Civil Liberties Union who represents several gay and lesbian couples in that case, pointed out that since October, the high court has rejected every similar appeal.

In Central Florida, some people have already begun to preparing for same-sex marriages on Jan. 6.

The Osceola County Commission voted Monday to open the clerk's office in Kissimmee from 12:01 a.m. to 2 a.m. that day to allow same-sex couples to get licenses.

But Osceola Clerk Armando Ramirez said Tuesday he was not sure whether he would issue licenses then.

"According to the advisory, I would be subject to criminal penalties if I issue a marriage license to a same-sex couple," he said.

"I am leaning toward doing the right thing," he said. "I believe marriage is a legal agreement binding upon two parties. It does not specify that it has to be a man and a woman."

Orange County Clerk Tiffany Moore Russell did not return phone calls seeking comment.

Seminole County Clerk Maryanne Morse said last week that because she was not specifically named in the Tallahassee federal suit, she believes the ruling does not apply to her.

Lake County Clerk Neil Kelly said he is not sure what to do but is relying on legal advice from Greenberg Traurig.

Orange-Osceola State Attorney Jeff Ashton's office did not say whether he would prosecute Moore Russell, Ramirez or any of their employees should they issue the licenses.

In Seminole-Brevard, State Attorney Phil Archer hinted that he would prosecute no one. In a prepared statement, he said the issue "would be best addressed in civil court."

Michael P. Allen, an associate dean at the Stetson University College of Law, said the Greenberg Traurig firm is technically right: Hinkle's order applies only to the defendants named in the suit — Florida's surgeon general, who records an individual's marital status on death certificates; Florida's secretary of the Department of Management Services, who administers state employee retirement benefits; and the clerk of the Panhandle County of Washington, the one who would not give Schlairet and Russ a marriage license.

But Allen said it's also bad public policy. Clerks who follows it, he said, will likely be sued for violating the constitutional rights of any same-sex couple that applies for a marriage license on Jan. 6 or thereafter and is denied.

"It is just going to create a tremendous amount of litigation, lawsuit after lawsuit," Allen said.

White, the Jacksonville lawyer involved in the Tallahassee federal suit, said her firm would move aggressively against clerks who do not issue marriage licenses.

"On Jan. 6 if (same-sex) couples are denied marriage licenses, we will be knocking on courthouse doors," she said.

In most other places where a ban on gay marriage has been ruled unconstitutional, state and local officials have chosen not to dig in and engage in a county-by-county fight, Allen said.

"Most states have not done that, frankly, because it seems pretty mean-spirited," he said.

In 35 states, same-sex couples now have the right to marry.

In 2008, 62 percent of Florida voters approved a constitutional ban on same-sex marriage. But since July 17 four state trial judges — all in South Florida — have declared it unconstitutional. Those are in addition to the Tallahassee federal case that created the looming Jan. 5 deadline.

Most of those state court rulings, though, have been stayed while Florida Attorney General Pam Bondi pursues appeals.

And even though judges in Monroe, Dade, Broward and Palm Beach counties have independently found Florida's ban on same-sex marriage to be unconstitutional, clerks in those counties, too, would be subject to arrest, according to Greenberg Traurig, should they issue marriage licenses to gay and lesbian couples on Jan. 6.

That's because they were not specifically named in the North Florida case decided by Judge Hinkle.


Jesse Wilson: A Message to my  Supporters

     I recently wrote a piece for Void Magazine entitled, “What’s Not #1 in the 904,” pointing out all the areas in Jacksonville that need major improvement. My conclusion after writing this piece was that the majority of these issues have arisen from or been prolonged by poor leadership and representation in our city.    
      Jacksonville has been my home since birth. From humble beginnings in the city’s foster care system to my time at Stanton College Preparatory School and then Leadership Jacksonville, this city made me who I am and I continue to fall in love with our city over and over again.  My passion is for people, every person, even those who don’t always see eye to eye with progress. That’s why I decided to run for Jacksonville City Council earlier this year.
      Over the past year, I’ve participated in conversations with so many great Jaxsons, served on committees, and witnessed Jacksonville experience success. I’ve also been appalled and disappointed by the continuing poor leadership

in our city.
     After a lot of self-reflection and conversations with many of you, my campaign for City Council has come to the point where it is clear to me that I could be a greater asset serving in other capacities.
I want to dedicate my voice and my skills towards important issues that will move our city in the right direction.
    So, for now, I will be postponing my run for Jacksonville City Council.
    Over the next few months I will be taking on and partnering with several endeavors.
      Effective immediately, I will be joining the campaign team of Bill Bishop for Mayor. City Councilman Bishop is someone I have watched and come to know and admire over the past year. His selfless ambition to serve our city reminds me of my own. He has clear passion for this city and its people, and does not make decisions based on petty politics. His goal is to serve the people of Jacksonville and he has a great vision for our city. That’s it. Because of this, I am going to volunteer my time to getting Bill Bishop elected as the next mayor of our great city.
      In addition to my efforts for Bill Bishop’s campaign, I will be serving on the steering committee for the Jacksonville Young Voters Coalition, a grassroots effort to activate and educate young voters around the issues most crucial for our city to progress. More details about the Jacksonville Young Voters Coalition will be announced in January.
      I leave you with a tremendous thank you. To all of my wonderful supporters
, this year would not have been so great without each and every one of you believing in me and my mission. Jacksonville is a wonderful city, and we proved that anyone should and can have representation here. I’m thrilled to continue my work alongside each of you and the efforts that will thrust our great city to be everything we know it can be.  

Sincerely,
Jesse Wilson

 

Monday, December 15, 2014

FLORIDA AG PAM BONDI FILES REQUEST FOR STAY TO US SUPREME COURT

On Dec. 3, the 11th District Court of Appeals denied the state’s request to extend a stay on same-sex marriages. That means the stay, put in place by U.S. District Judge Robert Hinkle, expires Jan. 5 – at the end of the day, so marriages wouldn’t actually begin until Jan. 6.


According to a media release from Bondi’s office, that decision “has created statewide confusion about the effect of the injunction, which is directed to only one of Florida’s sixty-seven clerks of court.”

Bondi filed an application with the U.S. Supreme Court – specifically, Justice Clarence Thomas – requesting that the stay be extended until all of the current court cases fighting for marriage equality are resolved.

Read the full application: SCOTUSSTAYAPPLICATION

Orlando attorney Mary  Meeks is part of the legal team in one of Florida’s court cases fighting for marriage equality according to Watermark Online.

“If the U.S. Supreme Court denies the request, or simply fails to act on it, marriage will start in Florida on January 6,” Meeks said. “If Clarence Thomas temporarily grants the request, it still requires further approval by the full court. This is Bondi’s last long shot to stop devoted same-sex couples from marrying in Florida.” - REPORTED by Watermark Online

Equality Florida Launches TransAction Florida to Support Transgender Equality

TransAction-FL
 
Equality Florida has launched TransAction Florida, a new statewide initiative to increase awareness, educate and promote equality for the transgender community.

The announcement coincides with the introduction of a bill in the state legislature that would add gender identity and sexual orientation to the state’s nondiscrimination law.

Currently, just over 50 percent of the state’s population lives in jurisdictions where discrimination on the basis of sexual orientation and gender identity is prohibited,
according to Equality Florida.

Miami-Dade county was the latest to enact such protections when its County Commission voted on Dec. 2 to amend its existing Human Rights Ordinance to bar discrimination in housing, public accommodations and employment on the basis of gender identity and gender expression.

“This is an important moment for the transgender community, one that has been too often the silent T in the LGBT movement,” said Gina Duncan, Equality Florida’s Transgender Inclusion Director.

“This project reflects Equality Florida’s longstanding commitment to trans inclusion, and it recognizes the need for visible trans leadership at the forefront of this work,” said Duncan.

Among the group’s goals: educate lawmakers and advance local and statewide equality legislation; provide resources on transgender issues in the workplace and in the classroom; and develop a statewide Transgender Resource Guide.

The program evolved from Equality Florida’s partnership with TransAction Florida, an organization founded in the Tampa Bay area by Michael Keeffe from its predecessor, FORGE.

GROSS INDECENCY: THE THREE TRIALS OF OSCAR WILDE
Written by Moisés Kaufman
Directed by Dave Alan Thomas
January 9 - January 24




Unfolding on the Studio Stage January 9 - 24, Players by the Sea presents the fascinating and confounding story of Oscar Wilde's flamboyant swath through English literature, high society and low life.  At the height of his success in 1895, with two of his most brilliant comedies (An Ideal Husband and The Importance of Being Earnest) reigning in London's West End, Wilde brought a court action for libel against a brutish aristocrat, the Marquess of Queensberry.  It led to his downfall, imprisonment, and death in disgrace and exile.  Was Wilde willfully self-destructive?  Or pitifully delusional and blinded by love?  A martyr to repressive Victorian hypocrisy?  Or the victim of his own egotism and arrogance?  Perhaps all of the above?



Moises Kaufman's riveting docu-drama Gross Indecency: The Three Trials of Oscar Wilde explores this fateful tale in words drawn directly from the court records, newspaper accounts of the time and eye-witness memoirs.
CLICK FOR





Monday, December 1, 2014


December 09 - 14, 2014

Dirty Dancing

Times-Union Center - Moran Theater

DIRTY DANCING - THE CLASSIC STORY ON STAGE is an unprecedented live experience, exploding with heart-pounding music, passionate romance, and sensational dancing.

Seen by millions across the globe, this worldwide smash hit tells the classic story of Baby and Johnny, two fiercely independent young spirits from different worlds who come together in what will be the most challenging and triumphant summer of their lives. Featuring the hit songs, “Hungry Eyes,” “Hey Baby,” “Do you Love Me?” and the heart stopping “(I’ve Had) The Time of My Life.” London’s Sunday Express says “This crowd-pleasing stage adaptation hits the jackpot!”

Don’t miss your chance to see this record-breaking live theatre sensation.

You’ll have the time of your life!

Tuesday, December 9 - 7:30pm
Wednesday, December 10 - 7:30pm
Thursday, December 11 - 7:30pm
Friday, December 12 - 8:00pm
Saturday, December 13 - 2:00pm & 8:00pm
Sunday, December 14 - 1:30pm & 7:00pm

Purchase Tickets:  CLICK HERE

Thursday, November 13, 2014

Florida To Legally Married Same-Sex Couple: Change Your Name Or Lose Your Driver's Licenses

After granting driver's licenses to a same-sex couple who legally married out-of-state, the State of Florida is now threatening them to change their names or lose their licenses.

Scott and Daniel Wall-Desousa have been together for over ten years and traveled to New York City to marry. Upon returning home to Florida, they attempted to change their legal documents, from Social Security cards to drivers' licenses, to reflect their new legal names, as many other people do after marrying.

Daniel went to a local Florida DMV and told WFTV in October it was "no hassle." But his husband Scott spent several months and had to travel to several different locations before getting a clerk to make the change, despite the fact that his name had legally changed.

Ultimately, they both had licenses reflecting their legal names – names the federal government recognizes.

Last month, Scott told the local news channel an Orlando DMV clerk "said as of July of this year there have been changes in our policy and here is your new name."
The DMV would not confirm a change in policy, but Scott understood it to be a ‘don't ask, don't tell’ approach by the DMV — something made easier since marriage licenses aren't stamped with the same-sex label.
"Separate but equal is a dangerous thing," Scott Wall-Desousa said.
Little did Scott Wall-Desousa know just how right he was about to be.
Just days after their story aired on WFTV, the couple received a threatening letter from the Florida DMV: Change your last name or lose your licenses.

"It informs me and notifies me that my driving privileges will be canceled indefinitely as of Nov. 22," Daniel Wall-Desousa told WFTV reporters. "It is a 'don't ask, don't tell' policy, and I guess we have been told, 'Here is the repercussion,'" Scott Wall-Desousa added.

Meanwhile, all the couple's legal documents – state and federal, and their work-related documents and even work IDs – have already been changed to their legal names.

"Everything has been changed to my benefits, to my Florida pension. How does one undo all that," Daniel asks.

WFTV reports the Wall-Desousas "plan to file a lawsuit because they feel they are being targeted."

Ironically, the Florida DMV letter was addressed to their legal, married name: Wall-Desousa.

 

Wednesday, November 12, 2014

Judge strikes down South Carolina same-sex marriage ban

BRUCE SMITH | Associated Press

CHARLESTON, S.C. — A federal judge on Wednesday struck down South Carolina’s same-sex marriage ban as unconstitutional, opening the door to such marriages but also giving the state a week to appeal. The attorney general said he would do so immediately.

U.S. District Judge Richard Gergel, ruling in the case of a same-sex couple from Charleston who sued to be married, found South Carolina’s state constitutional ban “invalid as a matter of law.”

He also blocked any state official from interfering with the plaintiffs’ rights to be married. But Gergel wrote that order would not take effect until noon Nov. 20, allowing Attorney General Alan Wilson a chance to appeal to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.

“Today’s ruling comes as no surprise and does not change the constitutional obligation of this office to defend South Carolina law, including, but not necessarily limited to, appeal to the 4th Circuit,” Wilson said in a statement.

He noted the 6th Circuit Court of Appeals in Cincinnati recently upheld gay marriage bans in four other states, and the issue could end up before the U.S. Supreme Court.

But the 4th Circuit already has struck down Virginia’s gay marriage ban, a ruling that applied to other states in the circuit. The U.S. Supreme Court refused to hear an appeal of that case last month and South Carolina is the only state in the circuit that has refused to allow such marriages.

Gergel wrote that the 4th Circuit decision is precedent in South Carolina and the court has “recognized a fundamental right of same-sex couples to marry and power of the federal courts to address and vindicate that right.”

Derek Black, who teaches constitutional law at the University of South Carolina School of Law, said “the prospects are zero” that Wilson will be able to get a stay of Gergel’s ruling at the 4th Circuit.

“If you thought of the attorney general here and the attorney generals in the 6th Circuit as football teams, they are down about 10 touchdowns with 10 seconds left,” Black said. “You can’t score 10 touchdowns in 10 seconds.”

The South Carolina case was brought by Colleen Condon and Nichols Bleckley, who applied for a same-sex marriage license in Charleston County last month.

But before it could be issued, the state Supreme Court blocked issuing licenses until a federal court in Columbia ruled in another gay marriage challenge. In that case, a couple wants the state to recognize their same-sex marriage performed in Washington, D.C.

Condon and Bleckley sued in federal court on Oct. 15 after the state Supreme Court action.
“We’re excited and relieved and pleased that the federal court issued its ruling striking down this discriminatory law,” said Beth Littrell, an attorney for Lamda Legal, a national civil rights law firm that assisted Condon and Bleckley in their lawsuit.

“It would have been nice if it had come earlier, but in the scheme of the amount of time most federal lawsuits take this is a very quick decision and so we are happy,” she added.

Friday, November 7, 2014


6th Circuit Court upholds same-sex marriage bans in four states

Ruling creates a divide among federal appeals courts, increasing the likelihood the U.S. Supreme Court will now take up the issue

 

DAN SEWELL | Associated Press

CINCINNATI — The expanding legal acceptance of same-sex marriage in the United States hit a roadblock on Thursday when a federal appeals court panel upheld anti-gay marriage laws in four states, making it more likely that the Supreme Court will take up the issue.

The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion for himself and a fellow George W. Bush appointee, while a Bill Clinton appointee disagreed.

The ruling concluded that states have the right to set rules for marriage and that such change as expanding a definition of marriage that dates “back to the earliest days of human history” is better done through political processes.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote, adding that it’s better to have change “in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”

Cincinnati attorney Al Gerhardstein, who represented gay plaintiffs in two cases in which he gained lower-court victories, said he will appeal to the Supreme Court.

“We’re disappointed in the ruling. … We believe the U.S. District Court and the dissent on the three-judge panel got it right,” he said.

Attorneys could seek a review of the panel’s decision by the full circuit court, but with mostly Republican-appointed judges they likely will try to move the issue directly on to the Supreme Court, seeking a definitive ruling.

The dissenting judge suggested that might have been the goal of Sutton and Judge Deborah Cook in their ruling.

“Because the correct result is so obvious, one is tempted to speculate that the majority has purposefully taken the contrary position to create the circuit split,” Judge Martha Craig Daugherty wrote, saying getting the case to the Supreme Court would put “an end to the uncertainty of status and the interstate chaos that the current discrepancy in state laws threaten.”

The president of pro-gay marriage group Freedom to Marry, Evan Wolfson, blasted the ruling as “on the wrong side of history.”

He called it “completely out of step with the Supreme Court’s clear signal last month, out of step with the constitutional command as recognized by nearly every state and federal court in the past year, and out of step with the majority of the American people.”

“This anomalous ruling won’t stand the test of time or appeal,” he said in a statement.
In October, the Supreme Court surprisingly turned away appeals from five states seeking to uphold their marriage bans, even with the gay couples who won in the lower courts joining with the states to ask for high court review.

Justice Ruth Bader Ginsburg explained in the weeks following the court’s denial of those appeals that the lack of a split in the appellate courts made Supreme Court review of the issue unnecessary.

CINCINNATI — The expanding legal acceptance of same-sex marriage in the United States hit a roadblock on Thursday when a federal appeals court panel upheld anti-gay marriage laws in four states, making it more likely that the Supreme Court will take up the issue.

The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion for himself and a fellow George W. Bush appointee, while a Bill Clinton appointee disagreed.

The ruling concluded that states have the right to set rules for marriage and that such change as expanding a definition of marriage that dates “back to the earliest days of human history” is better done through political processes.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote, adding that it’s better to have change “in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”

Cincinnati attorney Al Gerhardstein, who represented gay plaintiffs in two cases in which he gained lower-court victories, said he will appeal to the Supreme Court.

“We’re disappointed in the ruling. … We believe the U.S. District Court and the dissent on the three-judge panel got it right,” he said.

Attorneys could seek a review of the panel’s decision by the full circuit court, but with mostly Republican-appointed judges they likely will try to move the issue directly on to the Supreme Court, seeking a definitive ruling.

The dissenting judge suggested that might have been the goal of Sutton and Judge Deborah Cook in their ruling.

“Because the correct result is so obvious, one is tempted to speculate that the majority has purposefully taken the contrary position to create the circuit split,” Judge Martha Craig Daugherty wrote, saying getting the case to the Supreme Court would put “an end to the uncertainty of status and the interstate chaos that the current discrepancy in state laws threaten.”

The president of pro-gay marriage group Freedom to Marry, Evan Wolfson, blasted the ruling as “on the wrong side of history.”

He called it “completely out of step with the Supreme Court’s clear signal last month, out of step with the constitutional command as recognized by nearly every state and federal court in the past year, and out of step with the majority of the American people.”

“This anomalous ruling won’t stand the test of time or appeal,” he said in a statement.
In October, the Supreme Court surprisingly turned away appeals from five states seeking to uphold their marriage bans, even with the gay couples who won in the lower courts joining with the states to ask for high court review.

Justice Ruth Bader Ginsburg explained in the weeks following the court’s denial of those appeals that the lack of a split in the appellate courts made Supreme Court review of the issue unnecessary.


Wednesday, October 29, 2014

OneJax Institute presents the next program in the Civil Discourse Series.

Human Rights Ordinance: Does Jacksonville Need It?

Thursday, Oct. 30, 2014
7 - 8:30 p.m.
University of North Florida
Lazzara Performance Hall
1 UNF Drive
Building 45

A panel discussion representing diverse perspectives on the Human Rights Ordinance.

Moderator:
John A. Delaney, President, University of North Florida

Panelists:
Steve Halverson, President and CEO, The Haskell Company
Carrington “Rusty” Mead, Esquire, Jacksonville Attorney
Maria Mark, Atlantic Beach City Commissioner
Bill Gulliford, Jacksonville City Council Member
Roger Gannam, Esquire, Liberty Counsel
Torin Dailey, Pastor, First Baptist Church of Oakland

This event is free and open to the entire community. Tickets are required for entry and may be obtained online at https://webapps.unf.edu/eticket/hro. Parking is free starting at 5:30 p.m. in Lot 1 and on 2nd - 4th floors of Garage 44.

For questions call (904) 620-1529.

Sponsors:
Sponsor - WJCT Sponsor - University of North Florida
Sponsor - The Florida Times-Union jacksonville.com

Monday, October 27, 2014

Same-sex marriage appeal won’t go directly to Florida Supreme Court

Associated Press
 
Sunday, October 26, 2014
 
MIAMI — A Florida appeals court has refused to allow Attorney General Pam Bondi take the state’s same-sex marriage ban directly to the Florida Supreme Court.

Florida Supreme Court in Tallahassee.

The 3rd District Court of Appeal on Friday indicated it will likely rule itself on previous decisions striking down the Miami-Dade and Monroe counties bans.

Several Florida judges ruled this summer that Florida’s ban is unconstitutional but stayed their rulings until other cases around the country were resolved, including those pending with the U.S. Supreme Court.

It recently declined to hear appeals from five states that sought to keep their marriage bans in place. The American Civil Liberties Unions, and attorneys for the couples in Miami-Dade and Monroe counties then sued to overturn the stay.

If they prevail, Bondi could then go to the Supreme Court.

 

Friday, October 24, 2014

Is this why Rick Scott is skipping a deposition on Friday

Miami Herald reporter Mary Ellen Klas is reporting that Florida Governor Rick Scott is not going to give a scheduled deposition Friday in a lawsuit he initiated.

From the Herald:

Gov. Rick Scott is planning to be a no-show Friday for a deposition in a lawsuit he filed in California to block the release of information about Google email accounts used by him and his executive staff. 

Attorney Steven R. Andrews was prepared to put the governor under oath in Tallahassee but Scott’s communications director, Frank Collins, said Thursday “there is not going to be a deposition tomorrow.” He could not immediately answer whether Scott's lawyers are asking the judge to have the event postponed or if they plan to ignore it entirely. 

However, if the governor is a no-show for a deposition in a case he initiated, it may not be without consequences. According to the rules of civil procedure, if Scott fails to submit to the deposition, the judge could dismiss his lawsuit, order the governor to appear at a later date, or sanction him for refusing to cooperate.

Read more from the Herald here.

Here is one reason Scott might be skipping the deposition - he has a major fundraiser tomorrow with big wigs from the sugar industry, FPL, and other major political donors.

From Tuesday's Crowley Political Report:

Some of Florida's most interesting political donors are hosting an event Friday to raise money for Governor Rick Scott's reelection campaign and the Florida Republican Party.

"You are cordially invited to an afternoon with Governor Rick Scott along with special guests Governor Jeb Bush, Senator Marco Rubio (and)  Lieutenant Governor Carlos Lopez-Cantera."

The event is at the Biltmore Hotel in Coral Gables - a glorious place where Bush has his private office mere steps from the golf course.

The gathering begins at 11:30 with a "lunch reception" costing $250 per person or $500 per couple.

The big money event begins at 12:45. It is the "Event Chair Luncheon" for those who have either given or raised $25,000.

The event chairs include:

Pepe Fanjul, Sr., and Pepe Fanjul Jr, owners of Florida Crystals.

Tammy Meyerson, CEO and president of Preferred Medical Plan,

Jim Robo, chairman and CEO of NextEra Energy, Inc. the parent company of FPL.

Jeffrey Soffer, owner of Turnberry Associates.

George Zoley, founder of the private prison company GEO Group.

We suspect this gathering will be closed to the media.

Wouldn't it be fun if former Republican Charlie Crist dropped by to his old friends?

Thursday, October 23, 2014

Utah Supreme Court lifts hold on adoptions by same-sex couples

Associated Press October 23, 2014

SALT LAKE CITY — The Utah Supreme Court is lifting its hold on adoptions by same-sex couples.

The Scott M. Matheson Courthouse in Salt Lake City, home of the Utah Supreme Court.

The Scott M. Matheson Courthouse in Salt Lake City, home of the Utah Supreme Court.

The high court halted all such adoptions in May as the state appealed a federal ruling striking down Utah’s ban on same-sex marriage.

But earlier this month, the U.S. Supreme Court allowed that decision to stand, effectively legalizing same-sex unions in Utah and 10 other states.

The Salt Lake Tribune reports that Thursday’s decision to lift the hold comes in the cases of four adoptions sought by wedded same-sex couples, and will presumably allow those adoptions and others to proceed.

Equality Utah Director Troy Williams tells the paper that same-sex families all over the state are celebrating.
The Effects of HIV on the Body


Once the human immunodeficiency virus (HIV) enters your body, it launches a direct attack on your immune system. It gradually weakens your natural defenses against disease and infection and can affect every part of your body. Find out how.
Effects of HIV/AIDS on the Body

The human immunodeficiency virus (HIV) seeks and destroys CD4+ cells, a type of T lymphocyte (T cell). T cells are critical to the immune system. They’re responsible for warding off diseases and most infections, including viral infections.

HIV targets the type of cells that would normally fight off an invader like HIV. As the virus replicates, it damages or destroys the infected CD4+ cell and produces more virus to infect more CD4+ cells. Without treatment, this cycle continues in most infected people until the immune system is badly compromised, leaving them open to many serious infections and illnesses. Many of the illnesses that people compromised immune systems get are rare in people with functioning immune systems.

How quickly the virus progresses varies from person to person. Factors like your age, overall health, and how quickly you’re diagnosed and treated can make a difference.

Acquired immunodeficiency syndrome (AIDS) is the final stage of HIV. At this stage, the immune system is severely weakened, and the risk of contracting opportunistic infections is much greater. Not everyone with HIV will go on to develop AIDS.

Importantly, many of the effects described here are related to the failure of the immune system in progressing HIV and AIDS. Many of these effects are preventable with early antiretroviral treatment, which can preserve the immune system. However, for anyone without access to effective antiretroviral treatment, these effects remain possible
 

Immune System
Your immune system prevents your body from acquiring the diseases and infections that come your way. White blood cells defend you against viruses, bacteria, and other organisms that can make you sick.

When HIV enters the body, it goes straight for the CD4+ T cells that are a lynchpin for the operation of the entire immune system. As the virus infects and kills more of these T cells, your immune system grows weaker, and you become more susceptible to illness.

Early on, symptoms may be mild enough to be dismissed. Within a few months of becoming infected, most people experience a flu-like sickness that lasts a few weeks. Symptoms may include:
  • fever
  • chills
  • night sweats
  • diarrhea
  • headache
  • muscle aches
  • joint pain
  • sore throat
  • rash
  • swollen lymph glands
  • mouth or genital ulcers
The first stage of HIV is called the acute infection stage. The virus reproduces rapidly at this stage. You may not have much in the way of serious symptoms, but there are usually large quantities of virus in your blood.

Many people are unaware of their HIV status at this point, but the risk of transmission during the acute infection stage is very high. Acute infection may cause flu-like symptoms, including decreased appetite, headache, night sweats, and others.

The next stage is called the clinical latent infection state. On average, it lasts 8 to 10 years. In some cases, it lasts much longer than that. You may or may not have symptoms during this stage.
As the virus advances, CD4 count decreases more drastically. This can lead to symptoms like:
  • fatigue
  • shortness of breath
  • cough
  • fever
  • swollen lymph nodes
  • weight loss
  • diarrhea
If HIV infection advances to AIDS, the body becomes prone to opportunistic infections. People with advanced HIV/AIDS are at increased risk of a number of infections, including a herpes virus called cytomegalovirus. It can cause problems with your eyes, lungs, and digestive tract.

Kaposi’s sarcoma, another possible infection, is a cancer of the blood vessel walls. It’s rare among the general population, but common in people who are HIV-positive. Symptoms include red or dark purple lesions on the mouth and skin. It can also cause problems in the lungs, digestive tract, and other internal organs.

HIV/AIDS also puts you at higher risk of developing lymphomas. An early sign of lymphoma is swollen lymph nodes.

Respiratory and Cardiovascular Systems
HIV increases the risk of colds, influenza, and pneumonias. According to the American Lung Association, HIV/AIDS can lead to opportunistic lung diseases. Without preventive treatment, people with advanced HIV are susceptible to tuberculosis, pneumonia, and a disease called pneumocystis carinii pneumonia (PCP). PCP causes trouble breathing, cough, and fever.

HIV raises the risk of pulmonary arterial hypertension (PAH). PAH s a type of high blood pressure in the arteries that supply the lungs. It puts added strain on the heart.

If you have HIV and have become immunocompromised (have a low T cell count), you’re susceptible to tuberculosis (TB), a leading cause of death in people who have AIDS. TB is an airborne bacterium that affects the lungs. Symptoms include chest pain and a bad cough that may contain blood or phlegm. Symptoms can linger for months.

Digestive System

A common HIV-related infection is called candidiasis. Symptoms include inflammation of and a white film on the tongue. It can also cause inflammation of the esophagus, which can make it difficult to eat. Another viral infection that affects the mouth is oral hairy leukoplakia, which causes white lesions on the tongue.

Salmonella infection is spread through contaminated food or water and causes diarrhea, abdominal pain, and vomiting. Anyone can get it, but if you have HIV, you’re at higher risk of serious complications from this infection.

Consuming contaminated food or water can also result in a parasitic intestinal infection called cryptosporidiosis. It affects the bile ducts and intestines. It can be particularly severe and cause chronic diarrhea in people who have AIDS. Cryptosporidiosis infection can occur in people with effective immune systems, but it can become a chronic problem in people with CD4 levels under 200.
HIV-associated nephropathy (HIVAN) is when the filters in your kidneys become inflamed, making it harder to remove waste products from your bloodstream.

Problems with your digestive tract can decrease your appetite and make it difficult to eat properly. Weight loss is a common side effect of HIV.

Central Nervous System

There are significant neurological complications of AIDS. Even though HIV doesn’t generally directly infect nerve cells, it does infect the cells that support and surround nerves in the brain and throughout the body.

All of the mechanisms of HIV-associated neurologic damage aren’t completely understood, but it’s likely that infection of these support cells contribute to nerve injury. Advanced HIV infection can damage nerves (neuropathy). Small holes in the conducting sheaths of peripheral nerve fibers (vacuolar myelopathy) can cause pain, weakness, and difficulty walking.

HIV/AIDS can cause HIV-associated dementia or AIDS dementia complex, two conditions that seriously affect cognitive function.

Toxoplasma encephalitis is another possible complication of advanced HIV. People with AIDS are at increased risk of inflammation of the brain and spinal cord due to this parasite found commonly in cat feces. Symptoms include confusion, headaches, and seizures.

Some common complications of AIDS include memory impairment, anxiety, and depression. In very advanced cases, hallucinations and frank psychosis can occur. Some people experience headaches, balance issues, and vision problems.

Skin

One of the more obvious signs of HIV/AIDS can be seen on the skin. A weakened immune response leaves you more vulnerable to viruses like herpes. Herpes can cause you to develop sores around your mouth or genitals.

People with HIV are at increased risk of shingles, which is caused by herpes zoster, the virus that gives you chickenpox. Symptoms of shingles include a painful rash, often with blisters.

A viral skin infection called molluscum contagiosum involves an outbreak of bumps on the skin. Another condition is called prurigo nodularis. It causes crusted lumps on the skin, as well as severe itching.