Showing posts with label Anti Gay Judge. Show all posts
Showing posts with label Anti Gay Judge. Show all posts

September 22, 2018

Gay Married Couple Forced to Live Apart Thanks A Judge in The US and Inexplicably for a UK Judge





A gay couple claims they could be forced to live in separate countries after a judge refused to recognize their marriage. Brian Page, 41, from North Carolina, United States, has failed to get an extension to his UK visa after his latest appeal to the Home Office failed. That means he will be unable to live with his husband Benjamin Page, 36, from Milton Keynes, who is unable to move to the US after receiving a ten-year ban for overstaying. 

Brian (left) and Ben Page could be split apart (Picture: SWNS) 
Brian (left) and Ben Page. See SWNS story SWGAY; A married gay man could be forced to leave the UK and return to the States, despite the fact that he is married to a UK citizen. Brian Page from North Carolina and Benjamin Page, 36, from Milton Keynes who married in the United States in June 2014 came to the UK to spend time with Benjamin?s mother when she became terminally ill. However, Brian has had his latest appeal to the Home Office for an extension of his visa refused on September. Subsequently, he was told that he must either leave the UK within 14 days or apply for permission to appeal to the Upper Tribunal, the next stage of the process.

The couple got married in New York – three years after same-sex marriages became legal in the state. The Pages spent 18 months in the US but returned to the UK to spend time with Benjamin’s terminally ill mother, who has since died. His dad has now been diagnosed with lung cancer and they want to stay to look after him.  

They claim the judge refused to recognize their marriage Picture: SWNS) Brian said: ‘We feel absolutely offended by this as the judge has been extremely disrespectful as it completely changes the whole angle of our marriage which is legally recognized.

 ‘The LGBTQ community has had to fight for these rights to get married and this undermines this. ‘I never thought we would be here asking for people to help us stay together. ‘We are hard-working people who haven’t ever asked for anything from anyone until now. ‘After draining all of our savings over the last four years fighting this, we don’t have the money to fight this last bit. 

 The couple was annoyed the judge apparently referred to them as a ‘civil partners’ instead of a ‘married couple’ and argued this was the reason the application for a new visa was denied. 

Brian has been told he must either leave the UK within 14 days or apply for permission to appeal to the Upper Tribunal. He added: ‘The judge has been very disrespectful in refusing to recognize our legal marriage and disregard our relationship. 

‘Clearly, my husband and I are not in a position to return to the United States due to the passing of my mother in law and now the diagnosis for lung cancer for my father in law, we would like to remain together so that I may be with my husband, my father in law and offer comfort and support, both mentally and physically at this difficult time.’ 

The couple is now trying to raise £3,000 to cover the cost of a barrister and has spent more than £16,000 on the application so far. You can contribute to their crowdfunding here. Metro.co.uk has approached the Home Office for a comment.


August 14, 2018

Judge Kavanaugh Lauds Scalia as an "Apostle of Restraint, His Role Model"








By Manu Raju and Joan Biskupic CNN

 President Donald Trump has extolled the late conservative icon Antonin Scalia, and so has his new nominee for the Supreme Court, Brett Kavanaugh.

In some of his most forceful speeches in recent years, Kavanaugh has referred to the conservative justice who served from 1986-2016 as a "role model" and a "hero."

Kavanaugh, a 53-year-old appeals court judge nominated to succeed the more moderate Justice Anthony Kennedy, has extensively praised Scalia, in one speech noting there are "many" examples of the conservative jurist influencing him. He has hailed his judicial philosophy as "simple but profound," one that he hoped would leave a long-lasting legacy. 


Image result for kavanaugh anti gay




"I loved the guy," Kavanaugh said at a conference in June 2016 at George Mason Law School, which has been named after Scalia. "To me, he was and remains a hero and a role model. He thought carefully about his principles. He articulated those principles. And he stood up for those principles. As a judge, he did not buckle to political or academic pressure from the right or the left."

A year later, Kavanaugh lavished similar praise on Scalia, delivering a keynote address at Notre Dame Law School and saying: "Justice Scalia was and remains a judicial hero and role model to many throughout America."

The confirmation of Kavanaugh -- a federal appeals court judge with more than 300 opinions to his name -- would almost certainly tilt the Supreme Court further to the right. He has been nominated to replace the long-time swing vote Kennedy, a 30-year veteran of the court who has voted in favor of LGBT rights, abortion and affirmative action.


The Senate Judiciary Committee is preparing to scrutinize Kavanaugh's public remarks and rulings while on the US Court of Appeals for the District of Columbia Circuit, where he has sat since 2006, at his confirmation hearings, set to begin September 4. Kavanaugh earlier worked for President George W. Bush and for independent counsel Ken Starr as he investigated President Bill Clinton in the late 1990s.

Kavanaugh lauds 'an apostle of restraint'

In his 2016 address at George Mason, Kavanaugh expressed his belief that some of Scalia's dissenting opinions would one day become the law, including his dissent in a 1988 ruling upholding the constitutionality of an independent counsel and in a 2004 case where Scalia pushed for greater protections in certain circumstances for a US citizen being held as an enemy combatant.


At one point in the speech, Kavanaugh singled out two of Scalia's most controversial dissents, in cases upholding same-sex marriage and abortion rights, to show how the late justice argued against creating rights for individuals not spelled out in the Constitution. Kavanaugh did not express his own position on those hot-button cases.

Kavanaugh, who once served as a clerk to Kennedy, has showered some of his warmest praise on Scalia. He also has said that when he was a law student in the 1980s, the late Chief Justice William Rehnquist was his "first judicial hero."

Whether Kavanaugh would rule like Scalia across the board is debatable, but Kavanaugh's 2016 remarks suggest that Scalia's three decades on the Supreme Court have had a lasting impact on him.

As you read this there shoudl be no doubt in your mind that Kavanaugh is a Homobphobe, Anti gay who would fight like Scalia and his wife did stop or restrict gay rights starting with gay marriage. ๐ŸฆŠAdam


"Justice Scalia was an apostle of restraint and an apostle of engagement," Kavanaugh said.

In his 2016 speech, Kavanaugh said that it is "my belief and hope" that the justice changed "statutory interpretation forever."

In interpreting statutes, Scalia argued that judges should focus on the text of a law and brush aside congressional floor statements and other artifacts of legislative history. He was an "originalist" on the Constitution, looking to the document's 18th Century meaning and rejecting the notion that it evolved with the times.

In one example of Scalia's influence on him, Kavanaugh highlighted the justice's 1989 vote to uphold the constitutional right to burn the American flag under the First Amendment.

"At the time, as a second year law student I despised his vote in the case," Kavanaugh said. "Today, I agree with it. That's one of my many personal examples of Justice Scalia's influence on me."

Scalia's opinions on abortion, same-sex marriage under scrutiny ๐Ÿ™€

A key point of focus at his September confirmation hearings will be how he views polarizing social issues, like abortion and gay rights. And in his George Mason speech, Kavanaugh highlighted two of Scalia's most controversial dissents on those topics, without either praising his opinions or raising concerns about them.

In 1992, Scalia dissented from a 5-4 ruling to uphold abortion rights in the case of Planned Parenthood of Southeastern Pennsylvania v. Casey. That decision reinforced the 1973 landmark Roe v. Wade ruling that made abortion legal nationwide. In his heated dissent, Scalia declared that judges should not decide the issue, rather that it should be left to elected officials and the democratic process.

"We should get out of this area," he said in 1992, "where we have no right to be, and where we do neither ourselves nor the country any good by remaining."

In 2015, Scalia also dissented from the court's decision, Obergefell v. Hodges, declaring a right to same-sex marriage. In his dissent, Scalia called the ruling a "threat to American democracy."

Kavanaugh said in his 2016 speech that those two dissents are a sign of how Scalia believed that courts had "no legitimate role ... in creating new rights not spelled out in the Constitution."

"For Justice Scalia, it was not the court's job to improve on or update the Constitution to create new rights," Kavanaugh said. He added: "Put simply, he was deferential when the Constitution and statutes called for deference. He was not deferential when they did not."

In private meetings with senators, Kavanaugh has been careful in how he has addressed issues he may rule on, including abortion.

In an October 2017 case at the DC Circuit, Kavanaugh acknowledged that Roe v. Wade and Planned Parenthood v. Casey are precedents that lower court judges like himself follow. Senators are likely to try to explore his views further, because while lower court judges are bound by Supreme Court precedent, the justices have the power to roll back and change precedent.

The White House would not comment when asked if Kavanaugh shared views similar to Scalia on abortion and same-sex marriage. But Helgi Walker, a former Kavanaugh colleague in the Bush White House who is now a partner at a Washington law firm, said Kavanaugh's comments about Scalia do not necessarily reflect Kavanaugh's own views.

"This is a speech paying tribute to the late, great Justice Scalia," Walker said. 

November 6, 2017

Warm Sands Sex Case Judge Would Not Touch An Envelope from Gay Man:U know where's been


{There is "homophobic" and there is "rabidly anti gay" This judge was the latter, surrounded by cops who belonged to the same club}
Judge  David B. Downing is an Anti gay Judge who ruled on gay defendants
An Indio judge who upheld charges in the Warm Sands sex sting case six years ago despite strong evidence that Palm Springs police discriminated against gay men is now accused of making an alarmingly homophobic statement while being secretly recorded in another case.

Riverside County Superior Court Judge David B. Downing, who is now retired, allegedly said he would not touch the motions of a gay, HIV-positive murder suspect because they came in envelopes that had been licked closed.

“Lord knows where his tongue has been,” Downing said, according to sworn declarations by convicted murderer Kaushal Niroula and his co-defendant Daniel Garcia, the latter of whom made secret recordings of Downing in 2012.

Those recordings, first reported by The Desert Sun this week, now threaten to undo Niroula’s conviction, potentially leading to new trials in the murder case. The recordings also casts a shadow over the Warm Sands prosecution, Downing’s highest-profile case, which involved more than a dozen gay defendants, three gay attorneys and allegations of systematic police discrimination against gay men. 

In the Warm Sands case, defense attorneys presented evidence that Palm Springs police officers had exclusively targeted gay men in an undercover 2009 public sex sting. Police leaders were also caught on tape using slurs and calling the suspects “filthy,” and defense attorneys eventually proved that the police department had never arrested a straight person for the same behavior. 
Regardless, Downing ruled that the case wasn’t discriminatory, allowing prosecution to continue.

“I was always perplexed, because the hearing went so well, I thought he would rule in our favor,” said attorney Bruce Nickerson, an expert on lewd conduct law who worked on the Warm Sands case. “But he didn’t. I was never sure why. Now, I think it’s clear.”

Nickerson was one of three Warm Sands attorneys who spoke to The Desert Sun over the past week, reacting to how the secret recordings from Niroula’s trial reflected on the sex sting case. Each attorney expressed mixed feelings about the judge – who they recalled as outwardly professional, fair and open-minded – but said they remained puzzled by his decision to uphold the Warm Sands charges.

“I was certainly baffled by the ruling. I still am,” said defense attorney Joe Rhea. “I thought it was just a bang-up motion, and there was never a clear reason for denying it.”

A little more than a year after the Warm Sands decision, Downing allegedly made his “tongue” comment behind closed doors. The statement was captured by a laptop that one of the murder suspects had left recording in the courtroom even when the case was on a break. Official court transcripts show that the murder suspects later confronted Downing with the recordings, at which point he defended the statements and never denied them. When reached by The Desert Sun earlier this month, Downing said he could not remember if he made the “tongue” comment or not.

If he did say it, the comments are undoubtedly offensive, said Mark Foster, a retired defense attorney who also worked the Warm Sands case. Even more worrisome was the idea that any judge would not read a defendant’s motion, regardless of reason, Foster said.

The comment was so wholly terrible, Foster said, he had to believe Downing just made “a bad joke.”

“I was openly gay in the courtroom, and he treated me fairly,” Foster said. “But I don’t know what darkness lurks in men’s hearts… He might be a raging homophobe, he might not have a homophobic bone in his body. I just don’t know.”

The sex sting occurred in June of 2009, when the Palm Springs Police Department decided to crack down on public sex in the Warm Sands neighborhood, a well-known gay hookup scene. For four nights, on a city block surrounded by gay resorts, undercover cops approached men on the street and encouraged them to expose their genitals. If they did, the men were arrested.

When the sting was over, 14 men – all gay – were charged with misdemeanor crimes. Prosecutors sought to add each of them to a sex offender registry

But the case quickly became a massive embarrassment for local law enforcement, drawing widespread criticism for what appeared to be blatant discrimination. Condemnation of the case grew in 2011, when defense attorneys revealed that Palm Springs police had never arrested any heterosexual couples for the same crimes, despite prior complaints of straight people having sex in public places.  

Video footage of the sting also exposed that one of the leaders of the operation, Sgt. Bryan Anderson, had used a gay slur while watching the sting from inside a police vehicle. Additionally, Police Chief David Dominguez resigned after it was revealed he referred to the gay men as “some filthy (expletives)” during the sting.

All of this was presented to Downing during an eight-day court hearing in February 2011. Defense attorneys never denied what their clients had done, but insisted they had been entrapped by a police department that had exclusively targeted homosexuals. Judge Downing ruled otherwise.

"These … men were not arrested for being gay,” he said from the bench, before upholding the charges and allowing prosecutions to continue. “These men were arrested for having sex in public.”

Four defendants later appealed this ruling, but the decision was upheld. To this day, defense attorneys insist that Downing missed the entire point of the discrimination argument – If the suspects had been straight, but done the same thing, they would have never been arrested in the first place.

“They were only punished because they were having gay sex,” Foster said. “That was the whole point. If they were males having sex with females, no one would have launched a sting operation. We established that in court.” 

Although Downing’s ruling kept the Warm Sands case alive, the hearing had been embarrassing enough that law enforcement lost their lust for harsh punishment. Prosecutors decided to offer lighter plea deals – without registry as a sex offender – and most of the defendants accepted. A majority pleaded guilty to misdemeanors and were sentenced to probation. A few have since returned to court and had their convictions reversed. One defendant is still arguing in court to have his whole case sealed.

“The Warms Sands case has changed Palm Springs,” Rhea said. “Law enforcement has acted very differently after this. I haven’t seen a coordinated sting like this since Warm Sands.” 'd die.

To date, only one Warm Sands defendant has had their case completely erased.

That defendant was represented by Nickerson, the lewd conduct law expert, who expressed both the strongest criticism and highest praise of Judge Downing. Two years after the Warm Sands decision, Nickerson came back to the judge’s courtroom seeking one of the most coveted rulings in criminal law.

Nickerson asked for his client to be issued a “finding of factual innocence,” which is a court document that says a defendant is actually innocent instead of just not guilty. Downing appeared as if he was going to deny the request, Nickerson said, but then the judge surprised him again.

The defendant’s innocence was confirmed, allowing him to get a job as a teacher.

If Downing was homophobic, he must have looked past his prejudice on that day, Nickerson said.

“It was heartwarming for me,” Nickerson said. “Whatever Downing may have thought of my client, he put it aside and ruled strictly on the law on that motion."

, The Desert Sun
Public Safety Reporter Brett Kelman can be reached at 760 778 4642 or at brett.kelman@desertsun.com. You can follow him on Twitter @TDSbrettkelman. 

October 28, 2017

Kentucky Judge Who Refused to Hear Gay Adoptions Issues Resigns






A Kentucky judge who stirred controversy earlier this year by refusing to hear adoption cases involving gay parents says he plans to resign in hopes of quashing an ethics inquiry by a state judicial panel.

Judge W. Mitchell Nance told the Kentucky Judicial Conduct Commission in a memo made public Wednesday that he would resign effective Dec. 16 rather than fight the commission’s charges that he violated ethical rules. He also sent a resignation letter to Kentucky Gov. Matt Bevin (R), the Associated Press reported.

Nance was facing sanctions that included possible removal from the bench.

“Judge Nance must have seen the writing on the wall,” said LGBT advocate Chris Hartman, whose organization, the Fairness Campaign, helped bring a complaint against the judge. “I hope this sends a message to judges across the country that if their conscience conflicts with their duty, they must leave the bench.”

Kentucky law permits same-sex couples to adopt children.

Nance, who handles family cases in Barren and Metcalfe counties, made national headlines in the spring after he issued an order saying that permitting a “practicing homosexual” to adopt would “under no circumstance” promote the child’s best interests.


He tried to disqualify himself from all adoption cases involving gay parents by citing judicial codes that allow judges to recuse themselves from cases over “personal bias or prejudice.” His order stated that attorneys should tell court officials of such cases ahead of time so another judge could hear them. He referred to his stance as “conscientious objection” and “a matter of conscience.”

The move was condemned by an array of legal experts and advocacy groups, including the American Civil Liberties Union, which said his actions made him unfit for office. Several conservative organizations, however, rallied behind him. Among them was the Lexington-based Family Foundation, which argued judges should be given leeway on issues of marriage and sexuality.

The state’s judicial conduct commission later charged Nance with violating rules requiring judges to maintain public confidence and perform their duties impartially.

In a written response this week, Nance and his attorneys waived a hearing before the commission and asked to have the charges dismissed, saying his offer to resign rendered the case moot. But Nance stood by his original recusal plan, arguing that same-sex adoption cases presented him with a “unique crisis of conscience,” as the Glasgow Daily Times reported.


Nance declined to discuss the case with the newspaper but said he would miss being a judge. “It’s a very demanding job,” he said.

When he first drew attention in April, Nance gave no indication that he was considering resignation. He told The Washington Post in a brief interview that his order was “based on the law, based on my conscience,” and designed to “minimize any disruption in the litigation.” 

The 66-year-old was elected to the bench in 2000 and moved to the 43rd Judicial Circuit’s Family Court in 2004, according to the Glasgow Daily Times.

His attempt to recuse himself drew comparisons to Kim Davis, the county clerk in Kentucky who was jailed for contempt of court in 2015 after she refused to issue marriage licenses to same-sex couples. Judges had penned multiple orders compelling Davis to comply with the U.S. Supreme Court’s landmark ruling that year establishing same-sex marriage as a fundamental right. Davis objected, saying it violated her religious beliefs.



June 30, 2017

Trump's New Papi Gorsuch is Against Having Gay Parents on Their Kids Birth Certificates







(LifeSiteNews) — Newly appointed Supreme Court Justice Neil Gorsuch issued a blistering dissent to the Court’s decision to allow “spouses” of the same gender to appear on children’s birth certificates. 
The court’s decision was predicated on the 2015 Obergefell v. Hodges case that legalized same-sex “marriage” across the country.  
Because same-sex “marriage” is now the law of the land, the court reasoned that states must “provide same-sex couples 'the constellation of benefits that the States have linked to marriage.'" In particular, since the Obergefell ruling specifically identified birth and death certificates as two of those rights, states can no longer deny same-sex couples any rights related to birth certificates that are granted to opposite-sex couples.
Obergefell v. Hodges laid the groundwork for rulings such as this, going beyond establishing a legal right to gay “marriage,” to asserting all rights normally associated with marriage.  

The constitutional basis of Justice Gorsuch’s dissent

Justice Gorsuch said, “[N]othing in Obergefell indicates that a birth registration regime based on biology, one no doubt with many analogues across the country and throughout history, offends the Constitution. To the contrary, to the extent they speak to the question at all, this Court’s precedents suggest just the opposite conclusion.”  
“Neither does anything in today’s opinion purport to identify any constitutional problem with a biology-based birth registration regime.”
Gorsuch asked, “What, then, is at work here?”  
“Given all this, it seems far from clear what here warrants the strong medicine of summary reversal. Indeed, it is not even clear what the Court expects to happen on remand that hasn’t happened already. The Court does not offer any remedial suggestion, and none leaps to mind.”

Gorsuch sets off LGBT alarm bells

At ThinkProgress in a piece subtitled Donald Trump’s judge is doling out Mike Pence’s justice, Ian Millhiser said, “The Supreme Court took two actions Monday morning that provide a fairly clear window into how Gorsuch will handle claims alleging discrimination on the basis of sexual orientation.
“First, the Court announced that it will hear Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case brought by a baker who claims that religion gives anti-LGBTQ business owners the right to ignore civil rights laws.  
“Second, the Court reversed an Arkansas Supreme Court decision permitting the state to engage in a subtle form of discrimination against same-sex couples. ... Taken together, these two cases suggest Gorsuch will join the Court’s right-most faction in matters relating to LGBTQ rights.”
And over at Slate, Mark Joseph Stern, who covers law and LGBTQ issues, said Gorsuch’s “dissent should be deeply alarming to LGBTQ advocates; it indicates an eagerness to read Obergefell with implausible narrowness, and a hostility to the extension of civil rights to same-sex couples.”

The true significance of the Court’s decision — for children

Children’s rights activist Katy Faust, writing at ThemBeforeUs, reacted to the court’s decision: “(I)n the name of ‘equality’ for adults, today’s Supreme Court ruling denies children both the right to their mother and father and the right to their biological identity. ‘Equality’ for same-sex couples comes by way of children’s inequality.”
Faust continued, “Children raised by gay couples will always be missing a biological parent as well as the dual-gender influence that children crave. Studies tells us thatchildren with same-sex parents will suffer as a result. Many of those children will also struggle with identity issues as a result of being donor-conceived. But those challenging the ban were not concerned about actual outcomes for these kids and instead argued, ‘When it comes to same-sex spouses, the state’s refusal to list both of them on the birth certificate “causes those children to suffer the stigma of knowing their families are somehow lesser …’”
Justice Gorsuch, who joined the Supreme Court in April, has clearly aligned himself with the court’s conservatives.
Gorsuch was joined by Justices Clarence Thomas and Samuel Alito, Chief Justice John Roberts and Justice Anthony Kennedy in the majority.  

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