Some "Issues"

This morning, 3 very important judicial decisions dropped. So let's take a look at them.

In Denver, the 10th Circuit Federal Court of Appeals upheld a lower court ruling overturning Utah's ban on marriage equality. And in doing so, the 10th made a very critical announcement. In their ruling, the majority of 10th Circuit Justices made a major declaration that may end up further accelerating the arrival of nationwide marriage equality.

“Today’s ruling marks the first time a federal court of appeals has ruled that excluding same-sex couples from the freedom to marry is unconstitutional," said NCLR executive director Kate Kendell in a statement. "The court makes clear that the promise of equality embedded in our revered U.S. Constitution includes the lives and loves of lesbian, gay, bisexual, and transgender Americans. That recognition marks an indelible milestone in our nation’s journey to full inclusion — and one that will undoubtedly influence other courts in the months to come.”

Attorney Peggy Tomsic, who presented the arguments on behalf of the Utah couples — Derek Kitchen and Moudi Sbeity, Laurie Wood and Kody Partridge, and Karen Archer and Kate Call — noted the far-reaching consequences of a federal appeals court's involvement.

"The court’s ruling is a victory not only for the courageous couples who brought this case," Tomsic said in a statement, "but for our entire state and every state within the 10th Circuit.”

  
The 10th Circuit includes Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. In its opinion, the 10th Circuit noted that the Windsor case "left open the question presented to us now in full bloom: May a State of the Union constitutionally deny a citizen the benefit or protection of the laws of the State based solely upon the sex of the person that citizen chooses to marry?" Then it sided unequivocally against the ban. "Having heard and carefully considered the argument of the litigants, we conclude that, consistent with the United States Constitution, the State of Utah may not do so. We hold that the Fourteenth Amendment protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state’s marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union."

Every so often, we've examined the awfully strong Constitutional case for marriage equality. None other than 5 US Supreme Court Justices hinted at it in their Windsor ruling almost exactly a year ago. In fact, several federal district judges have cited Windsor in their rulings striking down state marriage bans...

Including the latest one in Indiana. Judge Richard L. Young didn't mince words when ruling in favor of couples seeking the freedom to marry. And while it's unclear how soon marriages will begin in Indiana, this ruling just adds to the favorable trend for equality in federal court.

And speaking of federal court, let's take a glance at some big news happening closer to home. In San Francisco, the full 9th Circuit Federal Court of Appeals rejected an en banc (or full court) review of an earlier decision requiring heightened scrutiny in all cases regarding discrimination based on sexual orientation. Remember that Sevcik v. Sandoval is now in the 9th as it awaits a November hearing. And even before this confirmation, Nevada Attorney General Catherine Cortez Masto (D) & Governor Brian Sandoval (R) had already abandoned their legal defense of Nevada's marriage ban. So today's announcement further signals the arrival of marriage equality to Nevada is no longer a question of if, but when.

So today, we have 3 more federal court rulings in favor of LGBTQ equality. And all 3 suggest Question 2's stoppage of marriage equality in Nevada are numbered. Attorney General candidate Adam Laxalt (R) and his "TEA" tinged ideological soulmates may have "political issues" with this, but judges who actually interpret the US Constitution for a living only seem to have issues with those who want to deny millions of loving families their b civil rights.

Full Circle

Last Friday, a normally sleepy Georgia town on the outskirts of Greater Atlanta was rocked by shocking violence. In Cumming, Georgia, a shootout occurred when a man tried to carry an AR-15 assault weapon and explosives into the Forsyth County Courthouse.



Dennis Marx was due to appear in the Forsyth County Courthouse last Friday to answer to his marijuana and weapons charges. He also had a running law suit against Forsyth County, as he claimed the county violated his civil rights. Dennis Marx was also part of the "Sovereign Citizen/Patriot Movement".

Remember them? They're the ones who rushed to the aid of Cliven Bundy when he declared a "Range War" against the federal government. And they're the ones with a storied history of breeding terrorists who have committed some of the worst crimes this nation has ever seen.

Jerad & Amanda Miller were also part of the "Patriot Movement". White supremacist paraphernalia were found at their apartment yesterday. Jerad & Amanda Miller opened fire at the CiCi's Pizza and Walmart in the Northeast Las Vegas Valley yesterday. They shot two Metro officers dead before shooting someone else dead in Walmart and ultimately killing themselves.



Jerad & Amanda Miller had boasted to their neighbors about their involvement in #BundyRanch. Reno area NBC affiliate KRNV even interviewed Miller in Bunkerville back in April.



We can't help but wonder what Senator Dean Heller (R), Governor Brian Sandoval (R), Assembly Member & NV-04 candidate Cresent Hardy (R), Assembly Member Michele Fiore (R), and other G-O-TEA politicians who had so merrily jumped on the #BundyRanch bandwagon nearly two months ago are thinking now. Do they regret what they said then? Are they embarrassed over their endorsement of what's turned out to be a collection of fringe extremists, some of whom haven't hesitated to resort to violence?

Of course, these are also the same G-O-TEA politicians who have boasted of being "what stood in the way" of legislation that could have prevented criminals like Jerad Miller & Dennis Marx from obtaining firearms. Might they be rethinking this as well? Is that "A rating" from the NRA truly worth more than actual human lives?

Sadly, the #BundyRanch saga has come full circle. Two months ago, a ragtag group of fringe extremists threatened violence against the federal government for daring to enforce the law. A month ago, they began fighting each other and scaring an entire community. And now, some of those threats have actually materialized here in the Las Vegas Valley. Why didn't our "leaders" take these threats seriously before yesterday?

Who's the "Good Guy With a Gun"?

No one can say we didn't sound the alarms. When Sharron Angle first mentioned "Second Amendment Remedies", our ears perked. And not for any good reason. We could read between the lines.



And frankly, it wasn't that hard to do so. She tried walking her comments back, but only out of political damage control. She never acknowledged the danger lurking within those words.

In recent days, we've seen "Second Amendment Remedies" return to center stage. Most notably, we've witnessed Cliven Bundy and his gang of "outlaw cowboys" declare a "Range War" against the federal government for daring to enforce the law.

Last month, we were introduced to Richard Mack, the ex-Sheriff from Arizona who's best known for his ties to the xenophobic and incredibly anti-government "Patriot Movement". When Mack took a leadership position at #BundyRanch, we knew this was going to turn violent... And racist.

Now, we're finding out about another key player at #BundyRanch. His name is Brad Rogers. He's the current Sheriff of Elkhart County, Indiana. And he actually took time off his actual job last month to fly into #BundyRanch and sing the praises of Posse Comitatus.



Before wading into #BundyRanch, Rogers was (in)famous for being schooled on actual Constitutional law on national TV. Perhaps that's why he made the pilgrimage to Bunkerville? He just needed a "meeting of the minds" with famed "Constitutional law expert" Cliven Bundy?

Whatever the case, we find it quite ironic that someone who's charged with enforcing the law has been endorsing outright violation of the law instead. And he flew into town all the way from Elkhart County, Indiana, to do so.

And that's not all. Already, the "Patriot Movement" is using #BundyRanch as a springboard for "Operation American Spring". And what might that be? It's basically an attempt to force President Obama and all Congressional leaders out of office.

Fortunately, this "Operation American Spring" doesn't seem to be attracting much support outside the fringe of the fringe. And there's increasing evidence suggesting the Bundy Gang's "Range War" may finally be nearing its last legs (literally). Still, it's frightening to think that we've come so close to seeing "civil war" erupt right here in Nevada. And it's downright irritating to see how G-O-TEA lawless behavior.

Oh, and we've yet to hear anyone at NRA explain who the "good guy with a gun" is at #BundyRanch. We still eagerly await that.