Mike Huckabee Thinks He Knows The Constitution Better Than The Supreme Court

Mike Huckabee Thinks He Knows The Constitution Better Than The Supreme Court

GOP presidential candidate Mike Huckabee blasted the Supreme Court on Tuesday for allegedly going beyond its authority to interpret the Constitution and making law. His listeners were a crowd rallying in support of Kim Davis, the recalcitrant Kentucky county clerk just released from jail. 

Hopefully, they didn’t believe what Huckabee told them.

“We do not want this country to become the smoldering remains of what was once a great republic, where the people rule,” the former Arkansas governor told the crowd. That vision of America should not be “exchanged for a place where five unelected lawyers think that they can rule,” he said.

“We’re here to say, ‘No, they cannot,'” Huckabee declared.   

He was referring to the Supreme Court’s June decision finding that gays and lesbians have a constitutional right to marry. Davis has famously — or infamously — opposed that ruling in her refusal to issue marriage licenses to all comers in Rowan County. 

Huckabee’s mention of “five unelected lawyers” was borrowed from the landmark decision itself. In his dissenting opinion, Chief Justice John Roberts wrote that the “five lawyers” — otherwise known as his fellow justices — who ruled in favor of gay couples “have closed the debate and enacted their own vision of marriage as a matter of constitutional law.”

“Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept,” Roberts wrote.

It’s not clear that a more majoritarian process, such as the Kentucky state legislature passing a law, would have persuaded Davis to go along with the new legal reality. But not even the Roberts Court was willing to suggest her religious liberty arguments sounded good. Last week, the high court declined to get involved in her case and to let her disobey a federal judge’s order. Defiance of that order was what ultimately landed Davis in jail for contempt of court.

Though the Supreme Court’s refusal to intervene last week was issued without an explanation, it at least indicated that the justices aren’t eager to advance the culture war between gay rights and religious rights that Huckabee is pushing.

Nodding to the separation of powers and “the genius of our Constitution,” Huckabee told Davis supporters on Tuesday that the Supreme Court’s power is “limited” and that it “can only review a law.” Reasonably true.

But then came his warning that “the founders never gave that one branch of government the power to make a law.”

Huckabee added, “That is reserved for the representatives of the people. Our founders were so concerned that they said that should we ever come to the place that we allow a court to run amok of its purpose, then we would be living under what is no less than judicial tyranny.”

Huckabee was thin on the specifics of how to tell when a court is running “amok.” But it can be gleaned from his comments Tuesday — and a January interview with talk show host Hugh Hewitt — that he thinks that Supreme Court rulings on constitutional issues aren’t final and that state officials may flout them when they disagree.

In the Hewitt interview, Huckabee said there has to be an “agreement” between the Supreme Court and “the other two branches of government” for something to become the law of the land. Anything less, he said, could potentially lead to a “confrontation.”

That thinking reveals a clear misunderstanding of basic civics, not to mention Arkansas’ own appalling constitutional history.

This is U.S. History 101: It was settled over two centuries ago that the Supreme Court is the final arbiter on the meaning of the Constitution and of the constitutionality of any laws that may conflict with it. The text of the Constitution provides that it is “the supreme law of the land” and that all other sources of law — including the states and their constitutions — are bound by it.

Alternatively, Huckabee could look to a gubernatorial predecessor of his for clues on how misguided his comments are.

Following the Supreme Court’s 1954 ruling in Brown v. Board of Education, Arkansas and its governor, Orval Faubus, stood in staunch opposition to desegregating the state’s public schools. They claimed that Brown didn’t bind them.

That resistance led to the Supreme Court’s ruling four years later in Cooper v. Aaron, which directly involved the Little Rock, Arkansas, school district. With one voice, the justices declared that Brown was indeed “the supreme law of the land.”

Why? Because the Supreme Court’s interpretation of the Constitution, they said, is “of binding effect on the States.”

In addition, the court pointed out that state officials take an oath to support the Constitution. No official can later wage a battle against that Constitution “without violating his undertaking to support it.”

That’s awfully reminiscent of what Kim Davis is doing with her opposition to issuing marriage licenses — which, in the view of one scholar, may be a sinful act in and of itself. And it’s a constitutional lesson that should make Huckabee think twice before he tells people that a Supreme Court ruling doesn’t bind them.

Daniel Marans contributed reporting.

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One Woman's Journey Growing Up Transgender And Mormon

One Woman's Journey Growing Up Transgender And Mormon

Transmormon, a documentary recently selected to be part of National Geographic’s Short Film Showcase, explores what it’s like growing up transgender and Mormon. The story is told through the eyes of Eri Hayward, a transgender woman raised in a Mormon community in Utah, and her family.

“For the longest time I kind of had this fantasy… that a fairy godmother would come and turn me into a girl and make everything better,” said Eri, who was assigned male at birth. “It was such an escape for me.”

Eri’s father, Ed, recalled her saying as a 4-year-old, “Daddy, I want to be a girl.” Ed said he thought it was a “phase” his child was going through, a theory that seemed to be corroborated in Eri’s teenage years when she started dressing in more masculine styles and dating a girl. But that didn’t last long, either.

Eri had been ordained to the priesthood in the LDS church and was the first assistant to the bishop, her father said. But one day when she didn’t show up to church he went to check on her, and Eri told him she was gay. It was her way of explaining to her family and friends what was going on with her, without having the language yet to describe that she was in fact transgender.

“I don’t think I succumbed to my body, I think I succumbed to my spirit and what it needed,” Eri said. “When it comes down to it, the only thing I can believe in is the relationship between me and God.”

The Church of Jesus Christ of Latter-day Saints believes gender to be an “eternal” aspect of a person’s identity. The church refuses to baptize anyone planning on undergoing sex-reassignment surgery and will not ordain transgender people to the priesthood. Elective sex-reassignment surgery “may be cause for formal church discipline,” according to the church’s handbook.  

Watch the short documentary below to learn how Eri eventually came out as transgender to her family and how this impacted her relationship to her Mormon faith: 

 

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Comic Randy Rainbow takes down Kim Davis

Comic Randy Rainbow takes down Kim Davis

Mocking Kim Davis is fun. The Kentucky county clerk lacks a sense of irony or how the law works. While she meanders on her quixotic quest to keep LGBTI couples from getting married in Rowan County, let’s laugh at this Randy Rainbow video.

The New York City performer does his own version of Cell Block Tango. taken from the play Chicago.  Rainbow uses his stint as a Gap employee to explain to the four-time married clerk how there are moments when the job must be done.

‘It’s like when I used to work at the Gap,’ Rainbow explains. ‘They made me fold their clothes all day long, even though I don’t believe in cotton-poly blended fabrics or mid-rise relaxed fit jeans.’

He also can’t understand why GOP presidential candidate Mike Huckabee compares Davis’ fight with President Abraham Lincoln’s struggle against US slavery.

‘The only thing that Kim Davis and Abraham Lincoln have in common is that they are both from Kentucky. And the excessive facial hair, but that’s it.’

Enjoy.

The post Comic Randy Rainbow takes down Kim Davis appeared first on Gay Star News.

James Withers

www.gaystarnews.com/article/comic-randy-rainbow-takes-down-kim-davis/

Survivor Furious That “Eye Of The Tiger” Was Used In Kim Davis Video, Considers Suing To Protect Integrity

Survivor Furious That “Eye Of The Tiger” Was Used In Kim Davis Video, Considers Suing To Protect Integrity

One of the countless disturbing aspects of the video of antigay Rowan County Clerk Kim Davis delivering her self-pitying speech upon being released from jail as “Eye of the Tiger” blared from speakers in the background, giving less-savvy viewers an impression that Davis was a champion rising to victory from the ashes of defeat. Phooey. We prefer to associate the song with Rocky Balboa since the anthem was recorded by the band Survivor for 1982’s boxing epic Rocky III. Alas, we’re not alone. A note posted to the band’s official Facebook page makes it clear that they did not approve the use of their biggest hit at such a woeful spectacle.

Screen Shot 2015-09-08 at 4.33.18 PM

Now TMZ reports that bandmembers are not only irate to be linked with the notorious K.I.M. and disgraceful GOP presidential hopeful Mike Huckabee, but they’re considering taking legal action to preserve the integrity of their music. We say knock ’em out.

Jeremy Kinser

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Matt Damon Shirtless and Ripped on the Set of the New ‘Bourne’ Movie: PHOTO

Matt Damon Shirtless and Ripped on the Set of the New ‘Bourne’ Movie: PHOTO

Matt Damon shirtless

Producer Frank Marshall lit up Twitter with a photo of Matt Damon shirtless and ripped on the set of the new, not-yet-named fifth Bourne film.

Said Marshall: “First day of principal photography complete and happy to report, BOURNE is back! #Bourne2016

Indeed.

The film also stars Tommy Lee Jones, Alicia Vikander, Vincent Cassel and Julia Stiles, and is directed by Paul Greengrass.

 

The post Matt Damon Shirtless and Ripped on the Set of the New ‘Bourne’ Movie: PHOTO appeared first on Towleroad.


Andy Towle

Matt Damon Shirtless and Ripped on the Set of the New ‘Bourne’ Movie: PHOTO

John Kasich Worries Kim Davis Spectacle Will Turn People Away From Religion

John Kasich Worries Kim Davis Spectacle Will Turn People Away From Religion

Ohio Gov. John Kasich (R) bemoaned the spectacle in Kentucky over same-sex marriage Tuesday, distancing himself from some of his fellow GOP presidential candidates who have literally embraced Kim Davis.

The Rowan County clerk emerged from jail Tuesday afternoon after a judge ordered her locked up last week for refusing to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, said she simply couldn’t comply because the action “irreparably and irreversibly violates her conscience.” 

Since then, she has become a hero among religious conservatives, and supporters — including former Arkansas Gov. Mike Huckabee (R) — threw a rally for her upon her release. Huckabee has said Davis’ case demonstrates the “criminalization of Christianity in America.” Sen. Ted Cruz (R-Texas), another GOP presidential contender, also visited Davis Tuesday.

Praise God Kim has been released! t.co/Ev47wkemvD #ImWithKim pic.twitter.com/pHRqajimE3

— Ted Cruz (@tedcruz) September 8, 2015

But in an interview with Fox News host Neil Cavuto Tuesday, Kasich worried that the Davis episode may actually weaken religion by alienating people.

“We have a lot of young people that have walked away from, or are confused or uncertain about personal faith. And one of the things that I know that’s so great about it — being a flawed man — is that, thank God we have grace,” Kasich said.

“In this case, when young people, or people who are looking at what is religion all about, what is faith all about — when they see dust-ups like this, my concern is they would go the other way and say, ‘Look, I don’t want anything to do with that,'” he added.

Kasich also said that while he supports so-called “traditional marriage” and understands Davis’ concerns, “we have bigger fish to fry in terms of the whole issue of faith.”

“For me, it means I can forgive … It means I am supposed to live a life bigger than myself. It means I have to be aware of those who are the downtrodden and the widows, the orphans,” Kasich added. 

He reiterated that marriage equality is now the law of the land, thanks to the U.S. Supreme Court, and that government officials need to abide by that ruling. 

U.S. District Judge David Bunning released Davis after her deputies began issuing marriage licenses to same-sex couples. Bunning warned that, as part of her release, Davis may not interfere with the duties of her deputy clerks.

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Ellen DeGeneres on conservative Caitlyn Jenner: ‘She still has a judgement about gay marriage’

Ellen DeGeneres on conservative Caitlyn Jenner: ‘She still has a judgement about gay marriage’

Ellen DeGeneres opened the new season of her popular daytime talk show on Tuesday (8 September) with an interview with a pre-taped interview with Caitlyn Jenner.

While the transgender Olympic legend and reality show star has drawn a lot of praise for her determination to shed light on trans issues, she’s not scoring so high on the same-sex marriage issue.

Jenner, a Republican, admitted DeGeneres that she was ‘not for it’ 15 or 20 years ago because she qwas a traditional person. As the male Bruce Jenner, she has been divorced three times.

Jenner told DeGeneres that she doesn’t ‘ever want to stand in front of anybody’s happiness. You know? That’s not my job. If that word “marriage” is really, really that important to you, I can go with it.’

DeGeneres tells Howard Stern in a new interview that she was taken aback by this lukewarm endorsement of marriage equality.

‘She still has a judgement about gay marriage,’ DeGeneres said ti Stern. ‘…You’re wanting people to understand and accept you – this is like really confusing to people and you still have a judgement about gay people and marriage.’

Still, DeGeneres called her chat with Jenner ‘a great interview.’

‘I’m grateful that she was on the show. And I don’t really know her and I’m trying to understand it because I don’t fully understand it either – but I also want everyone to be happy. So I don’t fully understand all of that, but I want her to be happy — which is what I want for her [to want] for me.’

The post Ellen DeGeneres on conservative Caitlyn Jenner: ‘She still has a judgement about gay marriage’ appeared first on Gay Star News.

Greg Hernandez

www.gaystarnews.com/article/ellen-degeneres-on-conservative-caitlyn-jenner-she-still-has-a-judgement-about-gay-marriage/