The Mad Professah Lectures

Patricia Todd has for a longtime been the only openly LGBT elected official in the Alabama state legislature. With a federal judge striking down Alabama's state constitutional ban on marriage equality last week (and on Sunday issuing a 14-day stay on her decision from going into effect to allow the state to fruitlessly appeal to the 11th Circuit) a number of conservative politicians in her state have been spouting a lot of nonsense about "family values" and "defending the sanctity of marriage."

Representative Todd has had enough hypocrisy from politicians opposing marriage equality in the name of family values while breaking their own marriage vows and said these words which are today's Queer Quote.

"I will not stand by and allow legislators to talk about ‘family values’ when they have affairs, and I know of many who are and have. I will call our elected officials who want to hide in the closet out. It is pretty well known that we have people in Montgomery who are or have had affairs. I just want them to be careful what they’re saying, some of it might come back to stick on them."

I have always been in favor of outing closeted politicians in the interests of media fairness. I think it is also a reasonable tactic when faced with hypocrisy. However, I also know that legislation gets accomplished through relationships with colleagues and Rep. Todd may have made herself less able to work with some colleagues because of these words. But I think it was worth it, and I love these other words she said: "But I know I’m on the side that is going to win and I’m sorry they’re so ignorant."

Sometimes you just gotta tell the Truth!

Hat/tip to Joe Jervis and New Civil Rights Movement

Wow. Look at the map of marriage equality now. By my count there are 38 states that are dark blue (or "sapphire") because they have marriage equality in effect right now. Just visually this makes the point that the Supreme Court will basically be in "mop up" mode when it decides marriage equality cases this term and probably turns the remaining dozen red and yellow states to the uniform sapphire of the rest of the Union.

Today a federal judge in Aabama appointed by Presiudent George W, Bush on the recommendation of both Republican U.S. Senators struck down Alabama's ban on same-sex marriage in a cogent and coherent, 10-page decision and refused to issue a stay. Alabama is in the 11th Circuit, where the Supreme Court has already refused to issue a stay on a federal judge's decision from going into effect (in Florida). So same-sex couples are gonna be getting married in Selma, and soon! Nice historical conjunction with the Martin Luther King, Jr holiday.

Hat/tip to Equality On Trial!

Wow! The United States Supreme Court has denied Florida's request for a stay of a federal district court judge's decision ruling that Florida's 2006 state constitutional amendment banning marriage equality violates the federal constitution. The Court said that Justices Thomas and Scalia would have granted the petition for a stay.

This is a VERY big deal, because this is the first time the High Court has let marriages go into effect as a result of a mere district court decision, when there was no precedent for marriage equality in the controlling appellate circuit of jurisdiction. Florida is in the 11th Circuit, and that appellate circuit has not ruled in favor of marriage equality (and in fact has some anti-gay decision in its not too recent past). The current legal skirmish the Supreme Court decided was about what should happen while the merits of the state's appeal get determined. Almost a year ago, in Utah's marriage equality case, the Supreme Court unanimously granted a stay putting a federal district court decision in Kitchen v Herbert on hold while the 10th Circuit was considering that appeal. In both cases the appellate circuit had refused to grant the stay while they considered the appeal and the state appealed to the Supreme Court in both cases. In the Utah case, the 10th Appellate Circuit ruled against the state on the merits on appeal. Ultimately, the Supreme Court refused to hear Utah's appeal of that loss, allowing marriage equality to go into effect in the 4th, 10th and 7th circuits. The denial of a stay in Armstrong v. Brenner (the Florida case) demonstrates how swiftly the tide has turned in favor of marriage equality, even at the Supreme Court level. 11 months ago they granted a similar petition, 9-0, on Friday they denied it 2-7.

The Washington Blade reports:

In August, U.S. District Court Judge Robert Hinkle ruled against the state’s ban on same-sex marriage, known as Amendment 2, but placed a stay on his order until 91 days passed after the appeals process was completed in the Utah, Oklahoma and Virginia marriage cases. When the U.S. Supreme Court refused to review these cases, it set for date for same-sex couples to be able to marry in Florida starting Jan. 5. 

Bondi tried to extend the stay on the same-sex marriages as she continued to defend the law in court, but her requests were by denied by the district court as well as the U.S. Eleventh Circuit Court of Appeals, which ordered the stay to be lifted “at the end of the day” on Jan. 5.  

In a statement, Bondi said Florida will acquiesce to the Supreme Court’s decision to allow the stay to expire after Jan. 5 as initially ordered by the district court. 

Hat/tip to Equality On Trial