February, 27 2015, 12:30pm EDT
Kentucky Legal Team Files Brief at US Supreme Court Challenging Marriage Bans for Same-Sex Couples
The American Civil Liberties Union, Stanford Law School Supreme Court Litigation Clinic and Kentucky-based firms Clay Daniel Walton & Adams and the Fauver Law Office today filed their brief with the U.S. Supreme Court in two Kentucky cases that challenge the state's laws barring same-sex couples from marrying and barring the recognition of same-sex couples' marriages from out of state.
NEW YORK
The American Civil Liberties Union, Stanford Law School Supreme Court Litigation Clinic and Kentucky-based firms Clay Daniel Walton & Adams and the Fauver Law Office today filed their brief with the U.S. Supreme Court in two Kentucky cases that challenge the state's laws barring same-sex couples from marrying and barring the recognition of same-sex couples' marriages from out of state.
The groups represent couples in Bourke v. Beshear and Love v. Beshear who seek the freedom to marry in Kentucky and recognition of marriages legally performed outside of Kentucky. These cases challenge Kentucky's marriage bans on the grounds that they violate the due process and equal protection provisions of the U.S. Constitution.
"Lives are wrecked when states like Kentucky exclude lesbians and gay men from the status and protections that come with marriage or nullify one partner's status as a parent or spouse," said James Esseks, director of the ACLU's Lesbian, Gay, Bisexual, Transgender and HIV Project. "Over 50 courts have ruled in favor of marriage equality since DOMA was struck down in 2013. We look to the Supreme Court to side with fairness, equality and love once more."
The briefs filed today argue that the Commonwealth's marriage bans violate the due process and equality protections of the Fourteenth Amendment.
"Petitioners make no extreme demands. Instead, they ask merely to be treated like everyone else - that is, free to enter into society's most revered form of mutual association and support, and worthy of the stature and crucial protections that marriage affords," states the attorneys' brief.
"We are optimistic that the Court will finally recognize equal marriage rights for our clients and other loving, committed couples all over the country," said Dan Canon of Clay Daniel Walton & Adams.
On January 16, 2015, the U.S. Supreme Court granted review of a federal appeals court ruling that upheld bans on the freedom to marry and recognition of marriages of same-sex couples legally performed in other jurisdictions in Kentucky, Michigan, Ohio and Tennessee. Its review sets the stage for final resolution of the debate about marriage equality for same-sex couples nationwide.
The brief is available at: https://www.aclu.org/lgbt-rights/bourke-v-beshear-love-v-beshear-aclu-b...
More information about the case is available at: https://www.aclu.org/lgbt-rights/bourke-v-beshear-love-v-beshear-freedo...
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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As Senate Prepares for NDAA Vote, Progressive Caucus Says It Is 'Past Time' to Slash Pentagon Budget
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CPC Chair Pramila Jayapal (D-Wash.) said following the passage of the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for 2025 (H.R. 5009) that "it should alarm every American taxpayer that we are nearing a trillion-dollar annual budget for an agency rampant with waste, fraud, and abuse."
Jayapal, who was one of 140 lawmakers to oppose the package, emphasized that the Pentagon has failed seven consecutive annual audits.
Despite being the only federal agency to never have passed a federal audit, said Jayapal, the Department of Defense "continues to receive huge boosts to funding every year. Our constituents deserve better."
As Common Dreams reported last month, more than half of the department's annual budget now goes to military contractors that consistently overcharge the government, contributing to the Pentagon's inability to fully account for trillions of taxpayer dollars.
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The vote is expected to take place early next week, and 60 votes are needed to begin debate on the package.
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The Constitution vests Congress, not the president, with the power to declare war (though presidents have used military force without getting the OK from Congress on multiple occasions in modern history, according to the National Constitution Center).
During the Cold War, when nuclear weapons policy was produced, speed was seen as essential to deterrence, according to Jon Wolfsthal, the director of global risk at the Federation of American Scientists, who wrote an op-ed for The Washington Post last year that makes a similar argument to Markey and Lieu.
"There is no reason today to rely on speedy decision-making during situations in which the United States might launch first. Even as relations with Moscow are at historic lows, we are worlds removed from the Cold War's dominant knife's-edge logic," he wrote.
While nuclear tensions today may not be quite as high as they were during the apex of the Cold War, fears of nuclear confrontation have been heightened due to poor relations between the United States and Russia over the ongoing war in Ukraine, among other issues. Last month, Russian President Vladimir Putin signed a decree lowering the threshold for potential nuclear weapons use not long after the U.S. greenlit Ukraine's use of U.S.-supplied long range weapons in its fight against Russia.
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Amnesty International on Thursday called for a war crimes investigation into recent Israeli airstrikes in Lebanon that killed dozens of civilians, as well as a suspension of arms transfers to Israel as it attacks Gaza, the West Bank, and Syria.
In a briefing paper titled The Sky Rained Missiles, Amnesty "documented four illustrative cases in which unlawful Israeli strikes killed at least 49 civilians" in Lebanon in September and October amid an Israel Defense Forces (IDF) campaign of invasion and bombardment that Lebanese officials say has killed or wounded more than 20,000 people.
"Amnesty International found that Israeli forces unlawfully struck residential buildings in the village of al-Ain in northern Bekaa on September 29, the village of Aitou in northern Lebanon on October 14, and in Baalbeck city on October 21," the rights group said. "Israeli forces also unlawfully attacked the municipal headquarters in Nabatieh in southern Lebanon on October 16."
Erika Guevara Rosas, Amnesty's senior director for research, advocacy, policy, and campaigns, said in a statement that "these four attacks are emblematic of Israel's shocking disregard for civilian lives in Lebanon and their willingness to flout international law."
The September 29 attack "destroyed the house of the Syrian al-Shaar family, killing all nine members of the family who were sleeping inside," the report states.
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On October 16, Israel bombed the Nabatieh municipal complex, killing Mayor Ahmad Khalil and 10 other people.
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Survivor Jinane Hijazi told Amnesty: "I've lost everything; my entire family, my parents, my siblings, my daughter. I wish I had died that day too."
As the report notes:
A fragment of the munition found at the site of the attack was analyzed by an Amnesty International weapons expert and based upon its size, shape, and the scalloped edges of the heavy metal casing, identified as most likely a MK-80 series aerial bomb, which would mean it was at least a 500-pound bomb. The United States is the primary supplier of these types of munitions to Israel.
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The October 21 strike destroyed a building housing 13 members of the Othman family, killing two women and four children and wounding seven others.
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Guevara Rosas said: "These attacks must be investigated as war crimes. The Lebanese government must urgently call for a special session at the U.N. Human Rights Council to establish an independent investigative mechanism into the alleged violations and crimes committed by all parties in this conflict. It must also grant the International Criminal Court jurisdiction over Rome Statute crimes committed on Lebanese territory."
"Israel has an appalling track record of carrying out unlawful airstrikes in Gaza and past wars in Lebanon taking a devastating toll on civilians."
Last month, the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in connection with Israel's 433-day Gaza onslaught, which has left more than 162,000 Palestinians dead, maimed, or missing in the embattled enclave.
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