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52 minutes ago @ Equality on Trial - Open thread 9/21 · 0 replies · +1 points

"Grimm v. Gloucester County School Board:" 4th Circuit Court of Appeals Denies en Banc Rehearing

Per Equality Case Files:

On 22 September 2020, in "Gavin Grimm v. Gloucester County School Board," the case wherein which the Virginia school board appealed the final decision in favor of the transgender student, the 4th Circuit Court of Appeals has denied the school board's motion to have the full court reconsider the 3-judge panel's final decision in Gavin Grimm's favor.

There are concurring statements by both Judge Neimeyer and Judge Wynn which accompany the order. Judge Wynn concurs because the panel decision was correct.

On the other hand, Judge Neimeyer, who was in the minority in the panel decision, says it is correct to deny the rehearing but only because it seems futile and would be more efficient for the school board to go to the Supreme Court with their appeal. Neimeyer: "There is no reason to conclude that this court, even though en banc, will change its mind — now expressed in two opinions. It would, I believe, be the more efficient course for the School Board again to file a petition for certiorari in the Supreme Court with the hope that the Court will again be interested in granting it. The issues in this case certainly merit its doing so."

The order is here:

7 hours ago @ Equality on Trial - Open thread 9/21 · 0 replies · +2 points

Guanajuato: San Miguel de Allende Advertised as Same-Sex Honeymoon Destination

In a banner ad at the top of the page on the "Advocate," San Miguel de Allende, Guanajuato state, is advertising itself as a honeymoon destination for same-sex couples. In English, their ad reads:

"San Miguel de Allende, Guanajuato: the Heart of Mexico beats strong. We're ready when you are."

On the right-hand side of the banner ad, there is a photo of a male same-sex couple embracing each other in the middle of the street in the old colonial center of the city. Further down, the same ad re-appears, with the same couple, but in a slightly different format. And even further down, there are a pair of ads showing a female same-sex couple holding hands, while leaning against an old wall.

The only problem: Despite the advertising, Guanajuato state has yet to change its law to allow same-sex couples to marry there in that state. It is difficult to determine whether this ad is a less-than-subtle means of pushing their state congress to act to finally change their law, or whether San Miguel de Allende is merely advertising itself as an amenable honeymoon (or vacation) destination for same-sex couples after they have married elsewhere in a different state. Peculiarly enough, it also appears to be an ad having state governmental backing, as it emphasizes the logo for "Guanajuato" and for "GTO," its abbreviation.

8 hours ago @ Equality on Trial - Open thread 9/21 · 0 replies · +2 points

Jay, "Yes" to all of the above, as addressed and enumerated in your reply.

21 hours ago @ Equality on Trial - Open thread 9/21 · 0 replies · +1 points

Mexico: Supreme Court Publishes Booklet on Jurisprudences Related to LGBT Rights

Per LGBT Marriage News:

La SCJN publicó un cuadernillo, "Derechos de la Diversidad Sexual," el cual contiene jurisprudencias que ha emitido en cuestión de derechos LGBT en México.

Supreme Court has published a booklet, "Rights of Sexual Diversity," which contains the jurisprudences that have been issued on the question of LGBT rights in Mexico.

23 hours ago @ Equality on Trial - Open thread 9/21 · 0 replies · +2 points

2020 Election: Florida Is Now Leaning Democratic

As of today, 21 September 2020, the ABC/FiveThirtyEight Presidential Electoral College map, Florida has finally been marked as "leaning Democratic," thus showing Biden with 319 electoral votes, up from 290, to Trump's 185. There are still 34 electoral votes as toss-ups in North Carolina, Ohio, and Maine 2, but right now, in all 3, Biden is narrowly leading.

This change places 44 electoral votes in the "leaning Democratic" category, Florida, Arizona, and New Hampshire. At the same moment, there are 60 electoral votes in the "leaning Republican" category, Georgia, Iowa, and Texas, with the caveat that the lead in Iowa has become exceedingly thin.

The Real Clear Politics no-toss-ups Electoral College map shows all three of the above toss-ups eventually going to Biden, giving him a final count of 353 electoral votes to Trump's 185.

The honor of being the most perfectly balanced state is shifting away from North Carolina as it inches more Democratic, and instead, is now focusing onto Iowa.

1 day ago @ Equality on Trial - Open thread 9/21 · 0 replies · +3 points

Yay, Scotty is back after having lost electricity last week due to the passage of Hurricane Sally. We were keeping track, and knew it went right through that area, because given where I live, we always keep close track of hurricanes.

1 day ago @ Equality on Trial - Open thread 9/21 · 0 replies · +2 points

Murkowski Will Not Support Replacing Ginsburg Before the Election

Sen. Lisa Murkowski (R) of Alaska is the second Republican senator to announce she will not support replacing Justice Ruth Bader Ginsburg before the 2020 election, narrowing, but not preventing, the Republicans’ ability to push through Trump’s forthcoming Supreme Court pick. “For weeks, I have stated I would not support taking up a potential Supreme Court vacancy this close to the election,” Murkowski said in a statement. "Sadly, what was then hypothetical is now our reality, but my position has not changed. I did not support taking up a nomination before the 2016 election to fill the vacancy created by the passing of Justice Scalia. We are now even closer to the 2020 election — less than two months out, and I believe the same standard must apply."

Murkowski’s decision isn’t exactly a surprise. Before Ginsburg died, she had said that she believed that if a new vacancy on the Court occurred, it should not be filled prior to the election because “fair is fair.” In 2016, Senate Republicans led by Senate Majority Leader Mitch McConnell refused to take up Barack Obama’s Supreme Court nominee, citing the coming election. McConnell said Friday night soon after Ginsburg died that the Senate would take up Trump’s nominee, which is expected to come this week.

Murkowski’s statement came a day after Sen. Susan Collins, a Maine Republican up for reelection, announced she believes the person who wins the presidential election in November should be able to nominate the justice who will replace Ginsburg. Republicans have 53 votes in the Senate, so four Republicans would need to vote against the confirmation of a new justice for it to fail if all Democrats vote together. If the Senate ties on a nominee, Vice President Mike Pence would be able to break it.

Sen. Chuck Grassley reportedly said he “couldn’t move forward” with taking up a justice before the election, but has not confirmed his stance since the death of Ginsburg. And it’s currently unclear what senators like Sen. Mitt Romney, who broke with his party on Trump’s impeachment, and other Republicans in close elections, like Sen. Cory Gardner, will ultimately decide to do.

1 day ago @ Equality on Trial - Open thread 9/14 · 0 replies · +1 points

Chile Supreme Court: When Blood No Longer Rules, Another Step Forward for Parentage

Per "La Tercera:"

Cuando la sangre ya no manda. Tras acoger una demanda de reclamación, el 18 de septiembre 2020, la Corte Suprema ordenó al Registro Civil reemplazar en la partida de nacimiento al padre biológico de una adolescente por su “padre social.”

After accepting a claim, on 18 September 2020, the Supreme Court ordered the Civil Registry to replace the biological father of an adolescent girl with her “social father” (that is, with the name of the man who is helping to raise her since she was 4 years old) on the birth certificate.

This reasoning is now precedent in la Cuarta Sala. Said ruling provoked many immediate responses:

Per Carlos Oyarzo Torres:

Felicitaciones a la familia. Mi caso es muy parecido, diferencia es que la Corte Suprema me rechazó como padre. Aún hay ministros conservadores en esta materia y aplican la doctrina biológica más que la posesión notaria. Saludos desde Chiloé.

Congratulations to the family. My case is very similar, the difference is that the Supreme Court rejected me as the father. There are still conservative justices on this matter and they apply the biological doctrine more than the notarial possession. Greetings from Chiloé.

Note: Chiloé is a large, well-populated off-shore island, lying southwest of Puerto Montt, near the northern end of the Chilean fjords. Having given its name to the rest of the country, Chiloé is ranked as being the most traditional location in all of Chile, famous for its colorful hand-knit alpaca sweaters.

Per Emma de Ramón:

Es como debió ser hace muchos años: soy madre porque quise serlo, no por mandato biológico.

It is as it should have been many years ago: I am a mother because I wanted to be one, not by biological mandate.

Per Fundación Iguales:

El máximo tribunal ha dado un paso importante en materia de reconocimiento de la diversidad familiar, ratificando que la biología no es el único antecedente de la filiación, sino que las relaciones sociales también determinan quiénes son padres, madres, e hijos.

The highest court has taken an important step in the recognition of family diversity, confirming that biology is not the only antecedent of parentage, but that social relations also determine who are fathers, mothers, and children.

1 day ago @ Equality on Trial - Open thread 9/14 · 0 replies · +2 points

Spain: First Muslim City Council Member of Madrid Officiates Same-Sex Marriage

Maysoun Douas es la primera concejala musulmana que oficia una boda LGTBI en Madrid. Maysoun Douas, concejala en el Ayuntamiento de Madrid, es la primera musulmana en oficiar un matrimonio LGTBI en la capital. Atabiada con hiyab, se mostró orgullosa por el acto, que tuvo lugar en La Casa de la Panadería el 18 de septiembre 2020.

Maysoun Douas is the first Muslim councilor to officiate an LGTBI wedding in Madrid. Maysoun Douas, councilwoman in the Madrid City Council, is the first Muslim to officiate an LGTBI marriage in the capital. Attired in a hijab, she was proud of the event, which took place at La Casa de la Panadería on 18 September 2020.

Note: This was not a Muslim wedding ceremony, as neither of the two women who married were Muslim. Instead, it was a civil ceremony performed by a Madrid city council woman in her civil capacity, but who, by happenstance, is herself a Muslim.

2 days ago @ Equality on Trial - Open thread 9/14 · 1 reply · +2 points

If Arizona Democrat Mark Kelly wins a seat in the US Senate, he could take office as early as 30 November, shrinking the GOP’s Senate majority at a crucial moment and complicating the path to confirmation for Trump’s Supreme Court nominee.

Kelly has maintained a consistent polling lead over Republican Sen. Martha McSally, who was appointed to the seat held by John McCain, who died in 2018. Because the contest is a special election to finish McCain’s term, the winner could be sworn in as soon as the results are officially certified. Other winners in the November election will not take office until January 2021.

There is also the matter of moving the nomination through the Senate Judiciary Committee, a matter which is out of McConnell's hands. There are 22 members, 12 who are R and 10 who are D:

Majority Members (12)

Graham, Lindsey (SC), Chairman
Grassley, Chuck (IA)
Cornyn, John (TX)
Lee, Mike (UT)
Cruz, Ted (TX)
Sasse, Ben (NE)
Hawley, Josh (MO)
Tillis, Thom (NC)
Ernst, Joni (IA)
Crapo, Mike (ID)
Kennedy, John (LA)
Blackburn, Marsha (TN)

Minority Members (10)

Feinstein, Dianne (CA), Ranking Member
Leahy, Patrick J. (VT)
Durbin, Richard J. (IL)
Whitehouse, Sheldon (RI)
Klobuchar, Amy (MN)
Coons, Christopher A. (DE)
Blumenthal, Richard (CT)
Hirono, Mazie K. (HI)
Booker, Cory A. (NJ)
Harris, Kamala D. (CA)

On the Republican side, of the several who are up for re-election, Ernst and Tillis are behind in the polls, Graham is neck-and-neck, while Cornyn is only ahead by a small percentage. Also, Grassley, Senate president pro-tem and the second-in-command on the Judiciary Committee (and its former chair, 2015-19), and third-in-line to succeed as President of the USA (behind the Vice-President and Speaker of the House), is an irascible 87-year-old coot, liable to do almost anything, and may well vote to postpone any nomination until the new congress is seated. Grassley is "old school" enough, after 40 years in the Senate, having first been elected to the seat in 1980, to place importance upon senatorial decorum and the traditional rules and procedures. On the other hand, Lindseybelle, as the new chair, having talked out of both sides of his mouth far too frequently of late, is definitely in the hot-seat, quite possibly for the very last time in his political career. Earlier on, he did much better as a foreign policy critic than he has since sticking his head as far up Trump's ass as he can possibly go.

Also, on Trump's new list, there are 3 sitting Republican Senators, Cruz (TX), Cotton (AR), and Hawley (MO). Although Hawley has stated that he would refuse the nomination, none of them would be able to vote on their own nomination, whether in committee or in the full Senate. Both Cruz and Hawley are sitting on the committee.

And Cruz is so smarmy that despite being publicly told about the unmitigated ugliness of his wife, along with the unfounded claim that his father killed Kennedy, has also subsequently climbed as far up Trump's ass as he can possibly go. Perhaps, in a childish pique for having now been rejected, after all that unseemly groveling and after having had his hopes falsely inflated, he will thus choose to vote against any other nominee for the vacant court seat if said nominee is not Ted Cruz.