TEXAS: State Issues Amended Death Certificate For Husband Of Gay Man

The Houston Chronicle reports:

Facing possible contempt and a court order, Texas officials have now changed the death certificate of a gay man to add his husband as the surviving spouse. The Department of State Health Services "has issued an amendment to the death certificate for James Stone-Hoskins. It now lists John Allen Stone-Hoskins V as his spouse," a department spokeswoman said in an email Thursday night. "The amended death certificate was issued this evening as ordered by the U.S. District Court and requested by John Stone-Hoskins." The department had refused to change it after John Stone-Hoskins, 37, of Conroe tried to get the state to make the amendment following the landmark U.S. Supreme Court ruling on June 26 that said gay marriage is legal in all 50 states. He married James Stone-Hoskins in New Mexico in 2014 after being together for 10 years. James Stone-Hoskins died in January at 32.

Texas Attorney General Ken Paxton is due in court next week to face potential contempt charges over the state's earlier refusal to issue the correct death certificate. (Tipped by JMG reader Mike)

Ryan Anderson Backs FADA

"The First Amendment Defense Act would prevent the federal government from discriminating against any citizen or organization because they believe marriage is the union of husband and wife. It would ensure that no federal agency will ever revoke non-profit tax-exempt status or deny grants, contracts, accreditation, or licenses to individuals or institutions for following their belief that marriage is a union between a man and a woman. This bill simply continues the practice of the United States for all of our history. It takes nothing away from anyone. It changes nothing. It protects pluralism amid disagreement. America is in a time of transition. The court has redefined marriage, and beliefs about human sexuality are changing. Will the right to dissent be protected? Will our right to speak and act in accord with what Americans have always believed about marriage — that it’s a union of husband and wife — be tolerated?" - Ryan T. Anderson, writing for the National Review. Anderson's piece also denounces the Equality Act because of course.

RNC Rejects Anti-Gay Resolutions

TIME Magazine reports:

The Republican National Committee’s resolutions committee quietly rejected a pair of resolutions critical of homosexuality Wednesday. The first resolution, introduced by embattled Michigan national committeeman Dave Agema, would have encouraged “schools that are teaching the homosexual lifestyle in their sexual education class also include the harmful physical aspects of the lifestyle.” The second, which would have encouraged Congress and states to pass laws in an effort to nullify June’s Supreme Court decision legalizing same-sex marriage nationwide, was introduced by Louisiana national committeeman Ross Little, Jr. The Washington Blade first reported on the proposed resolutions over the weekend.

RNC chairman Reince Priebus has repeatedly called for Agema's resignation over his inflammatory postings on social media.

TEXAS: AG Ken Paxton Ordered To Appear In Court Over Marriage Recognition

The San Antonio Express-News reports:

U.S. District Judge Orlando Garcia has ordered Texas officials to appear in court next week to determine if the state should be held in contempt for failing to recognize same-sex marriage. Garcia issued the order Wednesday in response to a request from a Conroe police officer who says the Texas Department of Health and Human Services refused to amend his spouse’s death certificate to reflect he was married. The death certificate lists him as single. Garcia instructed the state on Wednesday to immediately amend the death certificate of James Stone-Hoskins to add John Allen Stone-Hoskins as the surviving spouse. John Stone-Hoskins, a former police officer who lives in Conroe and is dying from cancer, asked Garcia to hold the department and the Texas Attorney General Ken Paxton in contempt. Garcia ordered Paxton to appear before this Court next Wednesday at 10 a.m.

Paxton was arrested and booked on multiple felony securities fraud charges on Monday.

KENTUCKY: Anti-Gay Clerk Files Religious Discrimination Suit Against Governor

The Liberty Counsel is suing Kentucky Gov. Steve Beshear on behalf of renegade county clerk Kim Davis. Via the Lexington Herald-Leader:

Late Tuesday, Davis filed a lawsuit against Beshear in federal district court. She blamed the governor for instructing all 120 of the state's county clerks to comply with this summer's U.S. Supreme Court decision that legalized gay marriage. Beshear's stance left dissenting county clerks vulnerable to lawsuits, including two that she currently faces, filed by groups of her constituents, Davis said. U.S. District Judge David Bunning is expected to rule in these cases in coming days. "The Commonwealth of Kentucky, acting through Governor Beshear, has deprived Davis of her religious-conscience rights guaranteed by the United States and Kentucky constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs," Davis' lawsuit says.

The suit also names the head of the Kentucky Department for Libraries and Archives, which changed the marriage license forms to gender-neutral.

The Liberty Counsel has issued a press release:

“Governor Beshear is unlawfully picking and choosing the conscience-based exemptions to marriage that he deems acceptable,” said Mat Staver, Founder and Chairman of Liberty Counsel. When Kentucky Attorney General Jack Conway refused to defend Kentucky’s natural marriage laws after “pray[ing] over this decision,” Governor Beshear did not command that he perform his duties, but hired private attorneys to pursue the appeal. “In no uncertain terms, Governor Beshear’s policies and directives are intended to suppress religion—even worse, a particular religious belief,” Liberty Counsel’s complaint points out. “Thus, although Attorney General Conway was given a pass for his conscience about marriage without any threats of repercussion, clerks like Davis are being repeatedly told by their Governor to abandon their religiously informed beliefs or resign.” “Simply put, Governor Beshear is making secularism a litmus test for holding office in Kentucky,” said Mat Staver. “The governor is forcing clerks like Davis to choose between following the precepts of her religion and forfeiting her position, on the one hand, and abandoning one of the precepts of her religion in order to keep her position, on the other,” Staver concluded.

The ruling in the ACLU's suit against Davis is expected next week. (Tipped by JMG reader Allen)

At New York City Pride 2015

It took them a month to put this together, but here's a great recap of New York City Pride 2015.

ALABAMA: Committee Advances Bill To End All Marriage Licenses Statewide

Via the Associated Press:

A state Senate committee has approved a bill to take Alabama probate judges out of the wedding license business following the U.S Supreme Court ruling legalizing gay marriage. The Senate Finance and Taxation General Fund Committee on Monday approved the bill to do away with state-issued marriage licenses. Instead, spouses would file a signed marriage contract at probate offices. Several Alabama probate judges have shut down marriage license operations rather than give licenses to same-sex couples. Sen. Greg Albritton, the bill’s sponsor, says the bill could be a solution to lingering disputes over gay marriage. Lawmakers are in special session to deal with a budget shortfall. Bills outside the governor’s call for a special session have a slimmer chance at passing because they require a two-thirds vote.

Republicans outnumber Democrats by 87-51.

AFER Calls It Quits

Last month Freedom To Marry triumphantly declared that it was "going out of business." Today we get the same news from the American Foundation for Equal Rights. Via press release:

Together, we made history. Nearly six years ago, the American Foundation for Equal Rights (AFER) was created with the specific mission of arguing for marriage equality before the U.S. Supreme Court and to, while doing so, dramatically advance the American conversation on equality. And we accomplished that ... and so much more.

* We returned marriage equality to California—our nation's most populous state—and, later, to the Commonwealth of Virginia.

* With David Boies and Ted Olson as lead counsel, we smashed the partisan barrier that traditionally divided supporters and opponents of marriage equality. Namely, we brought prominent conservative voices to the debate and proved that marriage is not a partisan issue, but an American issue.

* We put equality on trial. For the first time ever, a federal court heard evidence as to why denying gay and lesbian Americans the right to marry is unconstitutional. And, more importantly, for the first time, we forced our opponents to make their best cases, under oath, as to why marriage bans based on fear and hatred should stand. And we shared that story with the world.

* But, perhaps, most importantly, we drew a line in the sand. We demanded that every American--whether a regular citizen, an editorial board writer, a member of Congress, or a Supreme Court justice--not only listen to the stories of Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo--the brave plaintiffs fighting for justice--but that they also take a side.

The statement goes on to urge support for former AFER leader and current HRC head Chad Griffin as the HRC moves forward on the just-launched Equality Act campaign.

RNC To Vote On Anti-Gay Resolutions

The Republican National Committee is set to vote on two anti-gay resolutions, one of which was proposed by former Michigan state Rep. Dave Agema, who now sits on the committee. Via the Washington Blade:

If the RNC were to adopt any of the non-binding resolutions next week, it would be the first official act of the Republican Party on the marriage issue following the historic U.S. Supreme Court decision last month in favor of marriage rights for same-sex couples. The initial vote could take place during the executive committee meetings on Wednesday and Thursday, where a successful vote would lead to consideration at the full committee meeting on Friday.

One resolution, titled “Resolution for Balanced Sex-Ed in Schools,” was introduced by former Michigan State House lawmaker and RNC member Dave Agema. It encourages schools “teaching the homosexual lifestyle in their sexual education class” to “also include the harmful physical aspects of the lifestyle.”

The resolution is based on the belief the Republican Party “supports the institution of traditional marriage,” which is considered code for opposition to same-sex marriage. The proposal is also based on questionable assertions that American culture “is portraying the homosexual lifestyle as an attractive option for school-aged children” and the Journal of Acquired Immune Deficiency Syndromes says being gay take up to 21 years off a person’s life.

Another proposed resolution would call on Congress to strip federal courts of jurisdiction over marriage laws and declare that the Supreme Court's Obergefell ruling was unconstitutional.

RELATED: Agema made national headlines in 2013 after posting a virulently anti-gay piece on Facebook.  Among the claims made in the article was that gay people are responsible for half of the murders in America's largest cities.

TEXAS: State Refuses To Issue Death Certificates Recognizing Gay Marriages

Via Houston's CBS affiliate:

More than a month after the U.S. Supreme Court legalized same sex marriage, Texas is not fully recognizing the landmark ruling and refuses to issue death certificates that recognize same-sex marriages. "It looks to me like we're headed back to federal court," said widower John Stone-Hoskins, 36. He plans to file a lawsuit against the state on Monday, asking a judge to force Texas to let him change his late spouse's death certificate to reflect their marriage. "We want to make sure in his lifetime his marriage to James [Stone] is recognized. He deserves that much," said Neel Lane, attorney with Akin Gump, LLP.

Hoskins and Stone exchanged vows in New Mexico last August. But by mid-January, after a diagnosis with a genetic autoimmune disease called Sjögren's syndrome, James, 32, decided to take his own life. "As you can see here, the marriage certificate is nice and framed," said Stone-Hoskins. "The death certificate totally dismisses the fact that we were ever married." Hoskins, who lives in Conroe, said that's what hurts. James' Texas death certificate lists him as single and refers to John as "significant other," meaning he is not entitled to his spouse's estate.

A video report is at the link.

KENTUCKY: Liberty Counsel Tells Court That Clerk Is A "Conscientious Objector"

The Liberty Counsel yesterday filed a motion in the ACLU's lawsuit against four-times-married Kentucky county clerk Kim Davis in which they characterize her as being similar to an anti-war conscientious objector.

“Like a noncombatant who cannot shoulder a rifle, a county clerk who cannot issue” same-sex licenses “can still faithfully and devotedly serve this country, and their county,” lawyers for Kim Davis argued in a pleading filed Thursday in U.S. District Court. Asking Judge David Bunning to deny an injunction forcing Davis to begin issuing licenses again, attorneys Roger Gannam and Jonathan Christman from the Orlando-based Liberty Counsel note that Kentucky law allows county clerks an exemption from issuing fishing and hunting licenses. “If Kentucky is able to accommodate personal beliefs and conscientious objection regarding something that is (to some) as trivial as fishing and hunting, surely Kentucky can and must provide similar accommodation for deeply held beliefs about the fundamental nature of marriage,” they said in their pleading.

The ACLU has seven days to respond to the latest motion. Earlier this month Davis testified that she had "prayed and fasted" about her decision to disobey the Supreme Court. The final ruling in the case is expected in mid-August. Kentucky's county clerks are elected and can only be removed by the state legislature, which is out of session until January. Davis and other renegade clerks face fines and jail for contempt of court should the ruling go against them.

ALABAMA: SPLC Updates Complaint That Roy Moore Has Violated Judicial Ethics

AL.com reports:

In its filing today, SPLC says Moore has committed new ethics violations by improperly commenting on pending or impending cases in numerous speeches and interviews; by suggesting that Supreme Court precedent need not be followed; and by announcing that he would recuse himself from cases rather than apply precedents with which he disagreed. The SPLC also contends Moore's continued association with the Foundation for Moral Law also violates the Alabama Canon of Judicial Ethics. Moore's wife, Kayla, services as the president of the legal services organization; Moore is listed as president emeritus.

"Justice Moore has been removed from office for unethical actions once before, but it's clear that he hasn't learned his lesson," SPLC President Richard Cohen said in a statement. "It's obviously unethical for him to urge defiance of a United States Supreme Court ruling. He needs to understand that he is a judge, not a preacher." The SPLC complaint states that in a July 7 interview with political activist Randall Terry, Moore indicated that he was in "active" conflict with the federal judiciary over its "horrendous opinion" in the same-sex marriage case and was fighting the same-sex ruling with briefs and speeches.

The SPLC's original complaint, filed in January, contends that Moore is "encouraging lawlessness by attempting to assemble state officials and judges to oppose the federal court system."

ALABAMA: Evil Mother-In-Law LOSES, Court Orders Big Payout To Gay Widower

Evil Alabama mother-in-law Pat Fancher and the Foundation For Moral Law have finally lost their attempt to deny gay widower Paul Hard the proceeds from a wrongful death suit filed on behalf of his late husband, who died in a car accident in 2011. Equality Case Files has the order:

The Clerk of the Court is DIRECTED to issue a check drawn on ServisFirst Bank where the funds are deposited in a money market account for the principal amount of $552,956.69, plus ninety percent of all interest earned to date that is due for distribution to Plaintiff Paul Hard. This check shall be made payable to Servis First Bank. ServisFirst Bank shall provide the Clerk of the Court with official checks payable to: a. The Southern Poverty Law Center Client Trust Account in the principal amount of $552,956.69, plus ninety percent interest earned to date; and b. The Clerk of the Court for ten percent of all interest earned to date to the U.S. Treasury.

Two weeks ago the Foundation For Moral Law filed an argument which claimed that the Obergefell ruling does not apply retroactively to unsettled legal claims.

"The issue is not whether someone may marry a member of the same sex today. The issue is whether a court may or should look back four years and recognize a marriage that was not legally valid. Of course, if the marriage is recognized it will only cause further economic harm to a family which has already lost one its own. And if recognized, this man will be awarded an entire spousal share of the wrongful death proceeds which would be unjust even under normal circumstances considering the two were 'married' less than 3 months."

Immediately following the above-linked ruling, the Foundation For Moral Law filed a motion to set aside the order. The same judge responded by saying, "Didn't I just say go fuck yourself?"

RELATED: The Foundation For Moral Law was headed by Roy Moore until he won reelection to the Alabama Supreme Court. The group is now headed by his wife, Kayla Moore. The Foundation For Moral Law openly advocates for replacing the government of the United States with a Christian theocracy ruled by "biblical law."

NOM: Alabama Should Ignore SCOTUS

"The Supreme Court's decision in Obergefell mandating same-sex marriage throughout the nation is not only wrong, but illegitimate. The oaths that elected officials take is to 'the Constitution,' not to 'the Supreme Court,' and it is high time that 'that eminent tribunal' be reminded that the very essence of its authority comes from the Constitution. As John Marshall stated in the famous decision of Marbury v. Madison, the power of judicial review does not imply a superiority of the courts to the elected branches of government, but a superiority of the Constitution to both."- NOM chairman John Eastman, in a joint press release urging the Alabama Supreme Court to act on the demand filed earlier this month by the Liberty Counsel.

ALABAMA: 13 Counties Holding Out

Via press release issued yesterday by the Campaign For Southern Equality:

Alabama counties are missing out on thousands of dollars in revenue as a result of probate judges closing marriage license offices. The 13 counties that are not currently issuing marriage licenses are forfeiting an estimated $132,106.50 in annual revenue. Nearly a month after the Supreme Court's ruling on marriage equality, 53 of Alabama’s 67 counties are issuing marriage licenses to same-sex couples, 13 have closed their marriage license offices to all couples, and Coosa County is neither issuing marriage licenses to couples or is closed. Despite no longer performing a vital aspect of their jobs, probate judge and probate court employees in those 13 continue to be paid their full salaries and benefits. Across the state, probate judges’ salaries range from $52,500 to $155,000 annually.

See more here.

MICHIGAN: Marriage Attorneys Petition State For $2 Million In Compensation

Via Detroit's ABC affiliate:

The six lawyers who worked on the case against Michigan's ban on same-sex marriage are asking for nearly $2 million from the state to cover some of their fees. In all, the six attorneys - Carole Stanyar, Dana Nessel, Kenneth Mogill, Robert Sedler, Mary Bonauto and Vickie Henry - said the total calculation came to $1,927,450 for their fees. Every attorney charged $350 an hour, with three of them putting in over 1,000 hours of work each in the case. Though the Supreme Court ruled in favor of their case, there is a provision through what is called the private attorney general doctrine that not only makes it, "possible for non-affluent litigants to obtain legal representation, but to reward attorneys whose services has benefited the public interest."

The attorneys say their work on the marriage case made it impossible to take other cases for the last three years. See their filing.

Lone House Democrat Backs Anti-LGBT "First Amendment Defense Act"

Ten days before SCOTUS handed down its Obergefell ruling, Sen. Mike Lee and Rep. Raul Labrador introduced the First Amendment Defense Act (FADA), which would bar the government from denying grants or tax benefits to any "individual, association, or business" that refuses to comply with same-sex marriage laws. Since then numerous hate groups such as NOM and the FRC have hailed FADA in their daily money begs as the only thing left standing between them dirty LGBTs and Jesus.

While FADA has about as much chance of passage in this Congress as the Equality Act, the bill currently has 36 Senate and 140 House co-sponsors. Unsurprisingly 175 of those co-sponsors are Republicans. But then there's six-term Rep. Dan Lipinski (D-IL), who despite voting for the repeal of DADT and for the Hate Crimes Act somehow remains opposed to same-sex marriage. (He also opposes Obamacare.) Lipinski was first elected in 2004 in an apparently shady move in which he succeeded his own father, former Rep. Bill Lipinski, who won that year's primary but withdrew before the general election. The elder Lipinski then convinced local Democratic leaders to name his son as the candidate.

Remember this next year, folks.

Rick Santorum: I Regret That I Ever Said That "Man On Dog" Thing About Gays

Last night Rick Santorum sat down for a rare and lengthy interview with Rachel Maddow. Raw Story zeroes in on the SCOTUS portion:

MSNBC host Rachel Maddow shot down Republican presidential contender Rick Santorum on Wednesday when he tried to argue that Congress could overturn the Supreme Court’s ruling legalizing marriage equality. “You’re fundamentally wrong on civics,” Maddow said. “If there is a question as to the constitutionality of a law, it gets adjudicated. The second syllable in that word means it gets decided in the judiciary. The Supreme Court decides whether or not a law is constitutional. So you could not now pass a law that said, ‘We’re banning same-sex marriage.'” Santorum then argued that “Congress can pass anything it wants to pass,” regardless of the high court’s decisions to justify passing a new ban on same-sex marriages. “So you want them to pass a moot bill?” Maddow asked. “It wouldn’t be moot,” he insisted, saying that the court could find it “misread the tea leaves” between its ruling last month and a possible new bill.

After the above exchange, Maddow asks if Santorum believes that people choose to be gay. Minutes later Santorum said that he now regrets his "flippant" 2003 comment that decriminalizing homosexuality will lead to legalizing "man on dog" sex. He added, however, that he stands by his overall "slippery slope" contention about LGBT rights.

Ted Cruz Convenes Senate Hearing On "SCOTUS Activism" - Calls Hate Group Leader John Eastman As Witness

Yesterday Ted Cruz convened a hearing before the Senate Judiciary Subcommittee on Oversight, which he chairs, in order to call for reining in the "judicial tyranny" of the Supreme Court. One of the three witnesses he called was NOM chairman John Eastman. MSNBC reports:

Eastman agreed with Cruz’s proposals on judicial term limits and retention elections, but added one more “check” to the judicial branch – that states be given the ability to override “egregiously wrong decisions of the Supreme Court.” Cruz seemed interested in the idea, and asked for Eastman to elaborate. “The massive transfer of power from states to the federal government that came in the wake of the Civil War … unmoored the courts,” Eastman said. “A simple majority of the states ought to be able to override those kinds of decisions of the Supreme Court.”

The irony of such prescriptions was undoubtedly not lost on many of those watching Wednesday’s hearing. In order to correct what Cruz views as a series of decisions that have no basis in the U.S. Constitution, as well as what he considers to be an unconstitutional transgression by the justices into the realm of policy making, Cruz entertained several solutions – such as judicial term limits, retention elections, and state or Congressional overrides of “egregiously wrong decisions” – that would serve to dramatically alter the U.S. Constitution, not restore or strengthen it,

Today Cruz posted his opening statement to his presidential campaign channel on YouTube.

Quote Of The Day - Jim Obergefell

"I would like future law students to know that my case as well as the cases of the other plaintiffs that really it was about love. Telling our government that our love is just as worthy as any other love. The fact that standing up for that love led to such a momentous change proves that it’s a very powerful force. Although the law can be antiseptic and divorced from emotion, the fact that ours was based on love - I think it improved the law because they could look at us and recognize that we deserve the same amount of respect as anyone else." - Jim Obergefell, participating in yesterday's "Ask Me Anything" on Reddit. Hit the link for much more.