10th circuit court of appeals, 4th circuit court of appeals, 9th circuit court of appeals, defying court order, equal protection, freedom to marry, leaders who don't obey the law, LGBT, Marriage, marriage equality, marriage equality in kansas, marriage equality in montana, marriage equality in south carolina, sam brownback, Same-sex marriage, same-sex marriage bans, unconstitutional ban
Diatribe: When It Comes To Marriage Equality, Leaders In Kansas, Montana and South Carolina Aren’t Following The Law.
When I was in grade school there were about one hundred children in my class and we were separated into four “home rooms” of about twenty-five students. We spent the day with the same group of kids throughout the school year and mingled with the other children during lunchtime, recess, assemblies, band and choir or afterschool functions. School rules were applied evenly and fairly from one class to the next but I remember one big scandal that rocked our little junior high world.
Students were allowed quiet play time in the classroom during scheduled recess periods on days when the weather prevented us from exercising outdoors. For the longest time, we were allowed to bring games from home, like Go Fish or Connect Four, to pass the time with classmates until one day, some rotten kid in one of the other classes ruined it for everyone. As I recall, there was a disagreement during playtime that resulted in a fistfight, someone got hurt, parents were involved and quiet play time became an absurd stay in your seats and close your eyes and put your head down with your thumb up stupid game that everyone hated.
The powers that be had determined quiet play time on rainy days in one home room was no longer the law of the land. Consequently, quiet play time was no longer allowed in any of the home rooms. The law of the land had changed and everyone was expected to follow the new law.
Last week, leaders in the states of Kansas, Montana and South Carolina chose to defy the law of the land after the 10th, 9th and 4th Circuit Courts of Appeals ruled in favor of marriage equality by refusing marriage certificates to same sex couples.
In Kansas, Governor Sam Brownback has been speaking out against same-sex marriage as the state’s Supreme Court has halted the marriage process in what is clearly defiance of the 10th Circuit Court’s ruling. Kansans in favor of so-called “traditional marriage” are hopeful that an amendment to the state’s constitution banning same-sex marriage passed in 2005 will hold. Why they might think so in light of the 10th Circuit Court’s ruling and the U.S. Supreme Court’s recent inaction on similar cases boggles the mind.
In Montana, plaintiffs in a marriage equality case have filed a motion for summary judgment. Montana is the only state in the Ninth Circuit without marriage equality. It’s the only home room in this grade that’s still refusing to follow the new rules.
South Carolina still has a marriage equality case in the pipeline. Since South Caroline is the only state remaining in the Fourth Circuit without marriage equality, lawyers argue that precedent requires immediate judgment for the plaintiffs. South Carolina is the only homeroom in this grade that’s refusing to follow the new rules.
In grade school when someone broke the rules they went to the principal’s office. I’m curious to see what will happen to the governors, attorneys general and even the state Supreme Court justices who act with blatant disregard of the rulings of the district courts. These men and women are leaders in their communities … politicians who should have a superior understanding of the law and an ability to explain rulings that their constituents might find unfavorable in a way that they will understand. Instead, they appear to be inciting unrest … whining and pouting and crying and shouting … like the big kids a home room filled with children whose quiet play time has been suddenly taken away.
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