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Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


The Texas case is De Leon v. Perry. Specifically, Cleopatra De Leon v. Rick Perry.

That's a pretty great plaintiff name, not gonna lie.

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Old Man Mozz
Apr 24, 2005

I posted.

Teddybear posted:

The Texas case is De Leon v. Perry. Specifically, Cleopatra De Leon v. Rick Perry.

That's a pretty great plaintiff name, not gonna lie.

pleaaase let it be the texas case. I just want to see rick perry get beaten down again and again. Anyways, why is this not De Leon v. Texas?

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


Old Man Mozz posted:

pleaaase let it be the texas case. I just want to see rick perry get beaten down again and again. Anyways, why is this not De Leon v. Texas?

They're suing folks in their capacity as public officials since they're challenging their enforcement of a given law. Generally you only see X v. State in criminal cases.

Capt. Sticl
Jul 24, 2002

In Zion I was meant to be
'Doze the homes
Block the sea
With this great ship at my command
I'll plunder all the Promised Land!
Somewhat related, let's say SCOTUS bundles several cases together as it might. How is determined what the actual case name will be for future referencing?

KennyTheFish
Jan 13, 2004

Capt. Sticl posted:

Somewhat related, let's say SCOTUS bundles several cases together as it might. How is determined what the actual case name will be for future referencing?

"US Judiciary v the world, Fundamental rights are not up for a vote you fuckers."

Kugyou no Tenshi
Nov 8, 2005

We can't keep the crowd waiting, can we?

KennyTheFish posted:

"US Judiciary v the world, Fundamental rights are not up for a vote you fuckers."

Right Side of History v. Scalia, with an amicus filed by Scalia's Windsor dissent?

katium
Jun 26, 2006

Purrs like a kitten.
Ginsburg says SCOTUS might not take a case until they hear a dissenting appeals court ruling.

http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_JUSTICES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

So the 6th Circuit may be the first to dissent. Probably the 5th as well, since they are pretty conservative (they overturned a district court ruling overturning abortion restrictions in Texas).

UltimoDragonQuest
Oct 5, 2011



Edie Windsor won in District Court and they still took that case.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

UltimoDragonQuest posted:

Edie Windsor won in District Court and they still took that case.
Windsor was a weird case because the government was claiming that they didn't want to enforce the law, but also that they wanted to hear from the Supreme Court before actually not enforcing it.

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


Capt. Sticl posted:

Somewhat related, let's say SCOTUS bundles several cases together as it might. How is determined what the actual case name will be for future referencing?

It's more or less whatever case gets listed first by the court, and the court-- consciously or no-- enjoys simpler lead case titles. In a lot of notable precedent-setting cases, there were other plaintiffs and defendants and cases bundled in. We all know Brown v. Board of Education, but Gebhart v. Belton isn't exactly rolling off the tongue.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
The Virginia House has authorized funds to hire outside counsel to defend the ban since our AG has refused to. At the same time they forced $880M out of the budget and blocked Medicaid expansion.

gently caress this state.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Jealous Cow posted:

The Virginia House has authorized funds to hire outside counsel to defend the ban since our AG has refused to. At the same time they forced $880M out of the budget and blocked Medicaid expansion.

gently caress this state.

getting the gently caress out to Maryland was a highlight of my adult life

Alec Bald Snatch
Sep 12, 2012

by exmarx

Jealous Cow posted:

The Virginia House has authorized funds to hire outside counsel to defend the ban since our AG has refused to. At the same time they forced $880M out of the budget and blocked Medicaid expansion.

gently caress this state.

So they're taking cues from the North Carolina General Assembly I see.

Gen. Ripper
Jan 12, 2013


7c Nickel posted:

Which is why they should use one of the cases from Kentucky. In the case of Love v. Kentucky, the Supreme Court finds in favor of Love.

That would be loving amazing.

On the one side you have probably the greatest and most powerful forces in human history, cherished and prided by almost all (except robotic spergs like Elizer Yudkowsky but who cares about him), and literally always considered on the side of good.

On the other you have loving Kentucky.

:allears:

Chris James 2
Aug 9, 2012


The newest New York Times/CBS poll says opposition to gay marriage in the US is at a historic low of 37%, with 56% in favor

Chris James 2
Aug 9, 2012


Judge Edward Rubin of the 15th Judicial District Court in Louisiana, Lafayette Parish, has just ruled that the state's ban on same-sex marriage is unconstitutional, violating the 14th Amendment's equal protection and due process clauses.

Captain Mog
Jun 17, 2011

Chris James 2 posted:

Judge Edward Rubin of the 15th Judicial District Court in Louisiana, Lafayette Parish, has just ruled that the state's ban on same-sex marriage is unconstitutional, violating the 14th Amendment's equal protection and due process clauses.

Congrats for them!

Ohio really will be the last state at this rate. This place really isn't that lovely I promise :(

katium
Jun 26, 2006

Purrs like a kitten.

Captain Mog posted:

Congrats for them!

Ohio really will be the last state at this rate. This place really isn't that lovely I promise :(

I thought PA would be one of the last states (we certainly weren't getting it through legislatively anytime soon), so hang in there. Don't forget Mississippi and Alabama; they'll have to be dragged kicking and screaming into modern times just like they were with racial equality.

Cythereal
Nov 8, 2009

I love the potoo,
and the potoo loves you.

katium posted:

I thought PA would be one of the last states (we certainly weren't getting it through legislatively anytime soon), so hang in there. Don't forget Mississippi and Alabama; they'll have to be dragged kicking and screaming into modern times just like they were with racial equality.

It's debatable if the latter has happened. De facto segregated proms still make the news every year from those two states, and occasionally Georgia and the Carolinas.

TheKennedys
Sep 23, 2006

By my hand, I will take you from this godforsaken internet
You're all forgetting The Shittiest State (Texas). We're not gonna see a god drat thing productive until Hell freezes over or Rick Perry goes away, whichever comes first.

Deuce
Jun 18, 2004
Mile High Club

TheKennedys posted:

You're all forgetting The Shittiest State (Texas). We're not gonna see a god drat thing productive until Hell freezes over or Rick Perry goes away, whichever comes first.

Honestly I'm just relieved we're fighting same-sex marriage bans in Texas instead of "it's legal to hunt queers" laws.

Sweevo
Nov 8, 2007

i sometimes throw cables away

i mean straight into the bin without spending 10+ years in the box of might-come-in-handy-someday first

im a fucking monster

Cythereal posted:

It's debatable if the latter has happened. De facto segregated proms still make the news every year from those two states, and occasionally Georgia and the Carolinas.

The Alabama state constitution still banned interracial marriage until 2000. And the vote to finally repeal it passed by only fifty-something percent.

Enforceable or not there are going to be states with same-sex marriage bans in 2040.

The Macaroni
Dec 20, 2002
...it does nothing.

Sweevo posted:

The Alabama state constitution still banned interracial marriage until 2000. And the vote to finally repeal it passed by only fifty-something percent.

Enforceable or not there are going to be states with same-sex marriage bans in 2040.
Hey, that's cool. I look forward to having a good chuckle about it in 2040.

Edit: Interesting quote from a 1999 article about the Alabama law:

"CNN posted:

State Rep. Phil Crigler said that, although he personally opposes interracial marriages, he will vote for the bill. He said the bill was just racial grandstanding, since the law prohibiting such marriages is not enforced.

"The virtue of this (bill) passing or failing it not going to change things in Alabama at all," Crigler said.

A more hotly contested issue in the state may ultimately be same-sex marriage. Some members of the House panel reportedly balked at approving the interracial marriage bill until they were assured it would not open the door for homosexual marriages in the state.

evilweasel
Aug 24, 2002

Deuce posted:

Honestly I'm just relieved we're fighting same-sex marriage bans in Texas instead of "it's legal to hunt queers" laws.

The only reason that's the case is because of Texas literally barging into the bedrooms of gay men to arrest them for sodomy in 1998 and getting smacked down by the Supreme Court. It's not like it's because Texas reformed or anything.

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.

Sweevo posted:

The Alabama state constitution still banned interracial marriage until 2000. And the vote to finally repeal it passed by only fifty-something percent.

Enforceable or not there are going to be states with same-sex marriage bans in 2040.

We have a lot of stupid unenforceable laws. Who cares? You can't fish while on a Camel's back in Idaho. That is really dumb, but it is probably the most charming thing about Idaho.
Just to be clear, having a law on the books doesn't make it an enforceable law. If states want to have unenforceable same sex marriage bans in 20 years, who cares?

Pohl fucked around with this message at 17:03 on Sep 24, 2014

Pasco
Oct 2, 2010

Pohl posted:

We have a lot of stupid unenforceable laws. Who cares? You can't fish while on a Camel's back in Idaho. That is really dumb, but it is probably the most charming thing about Idaho.
Just to be clear, having a law on the books doesn't make it an enforceable law. If states want to have unenforceable same sex marriage bans in 20 years, who cares?

Nobody's dignity or basic human rights are being legislated against with an unenforceable law about Camel-back fishing.

evilweasel
Aug 24, 2002

Pohl posted:

We have a lot of stupid unenforceable laws. Who cares? You can't fish while on a Camel's back in Idaho.

Usually these 'stupid laws' aren't specific and the law is something like "you can't use animal assistance while fishing" or the like, and then the 'stupid laws' make an absurd factual situation and point out that it's illegal.

Like say, when you hear that there's a law making it illegal to walk a crocodile down the street on a leash seems absurd but it's probably "you can't bring a dangerous undomesticated animal around in public without it being securely restrained" or something that's a common-sense law where you're like of course that should be a law.

Pohl posted:

Just to be clear, having a law on the books doesn't make it an enforceable law. If states want to have unenforceable same sex marriage bans in 20 years, who cares?

Just because a law isn't enforcable doesn't mean you can't use it as a tool of harassment, because it is a pain in the rear end to get arrested and challenge the charges even when the law is flagrantly unconstitutional and has been for decades. A lot of states have anti-vagrancy laws that are flagrantly unconstitutional and everyone knows it, but they'll use them to arrest homeless people and ship them off somewhere, then drop the charges. Hell, even some southern states still have the odd sheriff insisting on trying to enforce anti-sodomy laws. Unenforceable laws should be removed from the books and it is definitely a thing people should care about.

That's aside from the fact that legislated bigotry remaining in the legal code is unacceptable even if its unenforceable.

evilweasel fucked around with this message at 17:40 on Sep 24, 2014

Freudian
Mar 23, 2011

Pohl posted:

We have a lot of stupid unenforceable laws. Who cares? You can't fish while on a Camel's back in Idaho. That is really dumb, but it is probably the most charming thing about Idaho.
Just to be clear, having a law on the books doesn't make it an enforceable law. If states want to have unenforceable same sex marriage bans in 20 years, who cares?

If I walk into a pub and see a sign saying DEATH TO ALL FAGGOTS on the wall, and the bartender explains that the previous landlord put it up and they don't have anything against gay people honestly but they just never got round to taking it down, you know how it is, then I will probably not want to go back to that pub.

VitalSigns
Sep 3, 2011

Freudian posted:

If I walk into a pub and see a sign saying DEATH TO ALL FAGGOTS on the wall, and the bartender explains that the previous landlord put it up and they don't have anything against gay people honestly but they just never got round to taking it down, you know how it is, then I will probably not want to go back to that pub.

Even this is too generous, because legislators have attempted to repeal Texas' sodomy law since Lawrence and been blocked by conservatives, when you'd think a "who cares" attitude would lead to a repeal bill passing by unanimous consent so as little time as possible is spent on the issue.

So it's more like the bartender going "oh yeah, one of the other owners comes round every year and tries to take it down, so we drop whatever we're doing and restrain him until he stops because we really don't want our signs messed with. Don't read anything into it though, it's not a big deal."

1337JiveTurkey
Feb 17, 2005

They don't want to spend time reenacting it once they secede from the union again.

The Dark One
Aug 19, 2005

I'm your friend and I'm not going to just stand by and let you do this!
Texas is always searching for new and exciting ways to be lovely to LGBT folk. http://www.texasobserver.org/same-sex-marriage-drivers-license-dps/

quote:

Texas has both a state statute and a constitutional amendment prohibiting recognition of same-sex marriages from other states. However, Wilson contends she isn’t asking DPS to recognize her marriage, but rather trying to obtain an accurate driver’s license reflecting her legal name according to the state of California and the U.S. government.

“I’ve been deprived the freedom to drive a vehicle once my current California driver’s license expires,” Wilson said. “I’m further being deprived the freedom to use air travel, make purchases that require a valid photo identification, seek medical attention for myself or my children, as well as other situations that would require proving who I am legally as an individual.”

Wilson said the DPS employee, who turned out to be a supervisor, suggested that she should apply for a driver’s license using her maiden name. However, Wilson said she lacks the necessary documentation to do so.

The DPS supervisor later told her she could apply for a Texas license if she obtains an order from a state court changing her name to Wilson. But Wilson said obtaining such an order would cost at least $500 and there’s no guarantee the petition would be successful.

“My name is already legally Wilson,” she said. “I don’t know if a judge will even grant me a name change from Wilson to Wilson.”

MaxxBot
Oct 6, 2003

you could have clapped

you should have clapped!!

Freudian posted:

If I walk into a pub and see a sign saying DEATH TO ALL FAGGOTS on the wall, and the bartender explains that the previous landlord put it up and they don't have anything against gay people honestly but they just never got round to taking it down, you know how it is, then I will probably not want to go back to that pub.

That was a real thing for a while sort of, until they passed a non-discrimination ordinance and marched down and ripped this sign off the wall.



WeHo probably wasn't the best choice of location if they wanted to keep that sign posted.

MaxxBot fucked around with this message at 22:08 on Sep 24, 2014

Morter
Jul 1, 2006

:ninja:
Gift for the grind, criminal mind shifty

Swift with the 9 through a 59FIFTY
Did heterosexual males not approach "any nice looking lady" way back when? :raise:

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

MaxxBot posted:

That was a real thing for a while sort of, until they passed a non-discrimination ordinance and marched down and ripped this sign off the wall.



WeHo probably wasn't the best choice of location if they wanted to keep that sign posted.

He's clearly just really jealous of early Soviet jet technology.

Nostalgia4Infinity
Feb 27, 2007

10,000 YEARS WASN'T ENOUGH LURKING

Captain_Maclaine posted:

He's clearly just really jealous of early Soviet jet technology.

TinTower
Apr 21, 2010

You don't have to 8e a good person to 8e a hero.

The Dark One posted:

Texas is always searching for new and exciting ways to be lovely to LGBT folk. http://www.texasobserver.org/same-sex-marriage-drivers-license-dps/

Isn't a name change something a state would have to honour anyway under Full Faith and Credit? It's the very definition of a "judicial proceeding".

I'm kinda happy in the UK you can literally change your name by printing something off the internet that contains a few magic words.

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

evilweasel posted:

Just because a law isn't enforcable doesn't mean you can't use it as a tool of harassment, because it is a pain in the rear end to get arrested and challenge the charges even when the law is flagrantly unconstitutional and has been for decades. A lot of states have anti-vagrancy laws that are flagrantly unconstitutional and everyone knows it, but they'll use them to arrest homeless people and ship them off somewhere, then drop the charges. Hell, even some southern states still have the odd sheriff insisting on trying to enforce anti-sodomy laws. Unenforceable laws should be removed from the books and it is definitely a thing people should care about.

That's aside from the fact that legislated bigotry remaining in the legal code is unacceptable even if its unenforceable.

As in Baton Rouge last year:

The Advocate posted:

An undercover East Baton Rouge Parish sheriff’s deputy was staking out Manchac Park about 10 a.m. one day this month when a slow-moving sedan pulling into the parking lot caught his attention. The deputy parked alongside the 65-year-old driver and, after denying being a cop, began a casual conversation that was electronically monitored by a backup team nearby.

As the two men moved their chat to a picnic table, the deputy propositioned his target with “some drinks and some fun” back at his place, later inquiring whether the man had any condoms, according to court records. After following the deputy to a nearby apartment, the man was handcuffed and booked into Parish Prison on a single count of attempted crime against nature.

There had been no sex-for-money deal between the two. The men did not agree to have sex in the park, a public place. And the count against the man was based on a part of Louisiana’s anti-sodomy law struck down by the U.S. Supreme Court a decade ago.

The July 18 arrest is among at least a dozen cases since 2011 in which a Sheriff’s Office task force used the unenforceable law to ensnare men who merely discussed or agreed to have consensual sex with an undercover agent, an investigation by The Advocate has found.

District Attorney Hillar Moore III said his office refused to prosecute each one of the cases because his assistants found no crime had occurred. After inquiries from the newspaper last week, he arranged to meet with Sheriff’s Office investigators to discuss the implications of the Supreme Court ruling.

Casey Rayborn Hicks, a Sheriff’s Office spokeswoman, denied that investigators had been misapplying the anti-sodomy law, which remains among the state’s criminal statutes.

“This is a law that is currently on the Louisiana books, and the sheriff is charged with enforcing the laws passed by our Louisiana Legislature,” Hicks said. “Whether the law is valid is something for the courts to determine, but the sheriff will enforce the laws that are enacted.”

The Macaroni
Dec 20, 2002
...it does nothing.
gently caress. Well, I retract my earlier statement. Let's get this poo poo off the books.

VitalSigns
Sep 3, 2011

How does that work in civil law anyway? Are they bound by precedent, or is it just the case that in civil law countries you have to go to court every single time you're charged with breaking an unconstitutional statute and convince a new judge to dismiss the case?

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Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!
You could potentially sue for wrongful arrest or bring some other kind of civil rights lawsuit. Might not even be that hard, considering that the sheriff's office's public statements show willfulness. (IANAL)

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