{"id":128263,"date":"2015-10-09T07:09:39","date_gmt":"2015-10-09T13:09:39","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2015\/10\/09\/because-separate-but-equal-is-such-a-keen-idea.html"},"modified":"2015-11-05T11:20:09","modified_gmt":"2015-11-05T18:20:09","slug":"because-separate-but-equal-is-such-a-keen-idea","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2015\/10\/09\/because-separate-but-equal-is-such-a-keen-idea.html","title":{"rendered":"Because "separate but equal" is such a keen idea"},"content":{"rendered":"

An Alabama judge thinks that since the federal government is the one mandating same-sex marriage, they should be the one licensing and performing such marriages, not state and county officials.<\/p>\n

Judge Enslen appears to have skipped class when "separate but equal" treatment of groups during the civil rights era was put to rest. But, then, maybe they don't teach that in Alabama judge school. <\/p>\n

He also seems to have skipped the part of Constitutional Law about how the 14th Amendment requires equal protection under the law in the _states, not just the federal government.<\/p>\n

"No governmental institution or program will ever be able to successfully replace the role of the divinely ordained family in civilized society," Judge Enslen maintains. Which is beside the point, even if it's a point one can rationally debate. The point is that you can't just say "We like _those<\/i> people better than these<\/i> people because our church says so, so we're going to limit government service to just those<\/i> people we like" and have that be the way your government works. At least not under the US (and, I suspect, even the Alabama) constitution.<\/p><\/blockquote>\n

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\n<\/a>
\nAlabama Judge Refuses To Issue Same-Sex Marriage Licenses, Demands Federal Government Take Over<\/a><\/span>
\nOne Alabama judge compares the Supreme Court’s marriage ruling to federal civil rights laws from the 1960s, and concludes the federal government must issue marriage licenses to same-sex couples.\n<\/p><\/blockquote>\n

View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

An Alabama judge thinks that since the federal government is the one mandating same-sex marriage, they should be the one licensing and performing such marriages, not state and county officials. Judge Enslen appears to have skipped class when "separate but equal" treatment of groups during the civil rights era was put to rest. But, then, … Continue reading “Because "separate but equal" is such a keen idea”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,718],"tags":[],"class_list":["post-128263","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-marriage-equality"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":49393,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/01\/27\/ten-commandments-judge-cries-tyranny-over-gay-marriage-ruling.html","url_meta":{"origin":128263,"position":0},"title":""Ten Commandments" judge cries "Tyranny!" over gay marriage ruling","author":"***Dave","date":"Tue 27-Jan-15 3:29pm","format":false,"excerpt":"Ah, Roy Moore -- did you never meet a federal court ruling you thought didn't apply to you?Quoth Moore: \"As you know, nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage.\"No, but the 14th Amendment does allow the federal government (in\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":51341,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/06\/02\/alabama-tries-to-be-oh-so-tricksy-to-keep-banning-gay-marriage.html","url_meta":{"origin":128263,"position":1},"title":"Alabama tries to be oh-so-tricksy to keep banning gay marriage","author":"***Dave","date":"Tue 2-Jun-15 2:34pm","format":false,"excerpt":"Faced with the prospect of an unfavorable SCOTUS ruling this month, the Alabama legislature thinks it has found the perfect tricksy way of foiling those dastardly justices.They're getting rid of marriage licenses.Instead, couples (and an officiant) would sign a contract and file it with the state. One of the clauses\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":41115,"url":"https:\/\/hill-kleerup.org\/blog\/2014\/02\/13\/virginia-is-for-more-lovers.html","url_meta":{"origin":128263,"position":2},"title":"Virginia Is for (More) Lovers","author":"***Dave","date":"Thu 13-Feb-14 9:48pm","format":false,"excerpt":"\"Virginia law that bars same-sex marriage or prohibits Virginia\u2019s recognition of lawful same-sex marriages from other jurisdictions ... deny Plaintiffs their rights to due process and equal protection guaranteed under the Fourteenth Amendment of the United States Constitution. ... Government interests in perpetuating traditions, shielding state matters from federal interference,\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":30684,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/10\/18\/another-defeat-for-doma.html","url_meta":{"origin":128263,"position":3},"title":"Another defeat for DOMA","author":"***Dave","date":"Thu 18-Oct-12 12:04pm","format":false,"excerpt":"I've long felt that gay rights should be a profoundly conservative cause, in terms of equal protection under the law and old school \"Don't Tread on Me\"ism. \u00a0This particular conservative judge seems to agree.Reshared post from +Think ProgressVery conservative judge strikes down the Defense of Marriage Act. This is a\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"https:\/\/images0-focus-opensocial.googleusercontent.com\/gadgets\/proxy?container=focus&gadget=a&resize_h=100&url=http%3A%2F%2Fthinkprogress.org%2Fwp-content%2Fuploads%2F2012%2F10%2FDennis-Jacobs-300x206.png","width":350,"height":200},"classes":[]},{"id":18059,"url":"https:\/\/hill-kleerup.org\/blog\/2010\/08\/04\/a-little-rationality-creeps-into-california.html","url_meta":{"origin":128263,"position":4},"title":"A little rationality creeps into California","author":"***Dave","date":"Wed 4-Aug-10 5:15pm","format":false,"excerpt":"As you can tell by the high-pitched screams from certain quarters, Federal Judge Vaughn Walker has overturned California's Proposition 8 (decision here).\u00a0 The nitty-gritty: Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition\u2026","rel":"","context":"In "LGBTQ &c"","block_context":{"text":"LGBTQ &c","link":"https:\/\/hill-kleerup.org\/blog\/category\/gay-stuff"},"img":{"alt_text":"Themis, Blind Justice","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2010\/08\/blind-justice-themis-219x300.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":49740,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/03\/04\/alabama-supreme-court-longs-for-the-50s-the-1850s.html","url_meta":{"origin":128263,"position":5},"title":"Alabama Supreme Court longs for the 50s. The 1850s","author":"***Dave","date":"Wed 4-Mar-15 6:26am","format":false,"excerpt":"\"Federal court rulings? We don't need no stinking federal court rulings!\" Because state nullification worked so well last time.And for such (pardon me) bullshit rationales:The Alabama court ruled state bans on gay marriage aren't discriminatory since they ban both men and women from marrying people of the same sex, and\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/128263","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=128263"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/128263\/revisions"}],"predecessor-version":[{"id":128612,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/128263\/revisions\/128612"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=128263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=128263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=128263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}