Va. lawmaker wants to allow widespread discrimination against LGBT individuals

The Virginia lawmaker who co-authored the state’s 2006 constitutional amendment to ban same-sex marriage that was struck down last year, is introducing new legislation that would allow widespread discrimination against the LGBTQ community.

Bob Marshall

The bill, authored by Del. Bob Marshall (R-Manassas, Va.), states a person would not be required to “perform, assist, consent to, or participate in any action” as a condition of “obtaining or renewing a government-issued license, registration, or certificate” if such actions would “violate the religious or moral convictions of such person with respect to same-sex marriage or homosexual behavior.”

Claire Guthrie Gastañaga, Executive Director for the ACLU of Virginia, says Marshall’s bill would give “every individual, business, professional who gets any kind of license, registration, or certificate from the state, the locality, or any other agency or authority, board or department which would include every college and university” a license to discriminate.

“It’s licensing it [discrimination], authorizing it, and saying it’s okay.” said Guthrie Gastañaga.

Greg Nevins, Lambda Legal Counsel who fought Virginia’s ban on same-sex marriage last year, said the bill is so broadly written that it would allow a doctor to refuse to prescribe HIV medication to a gay man, or a therapist to refuse counseling to an individual in a same-sex relationship.

“This legislation threatens the mental and physical health of Virginia residents, is horrible policy, and is unconstitutional.” said Nevins.

He called the bill “unethical, abusive and dangerous.”

Marshall is the General Assembly’s most outspoken social conservative. In addition to co-authoring the marriage ban that was struck down by a federal judge last year, Marshall has staunchly opposed any attempts to expand LGBT equality related bills in the General Assembly.

With a Republican dominated House and Senate, the bill could pass both legislative bodies, but Del. Mark Sickles, Virginia’s only openly gay member of the House of Delegates, said he believes Democratic governor Terry McAuliffe would veto the measure.

“After all Governor McAuliffe has done to reposition the Commonwealth as a welcoming state for business, this is the very last thing we need in our effort to diversify our economy,” said Sickles, in a statement.

Pat Robertson Tries To Keep Former VA Gov. Bob McDonnell Out Of Prison

Via the Associated Press: 

Former Virginia Gov. Bob McDonnell should perform community service rather than serve prison time for his federal corruption convictions, an international relief organization said Tuesday. Operation Blessing International said it offered McDonnell jobs heading its hunger relief program in Appalachia or working at its orphanage and fish farm in Haiti if U.S. District Judge James Spencer agrees to spare McDonnell prison time. 

"As with his volunteering during Hurricane Katrina, Bob has shown an authentic willingness to serve others no matter how difficult the task," group president Bill Horan said in a statement. "We believe that we can leverage his energy and expertise to better serve those in need." 

Operation Blessing spokesman Chris Roslan said the organization collaborated with defense attorneys ahead of Tuesday's deadline for lawyers to file sentencing recommendations. Virginia Beach-based Operation Blessing was founded by religious broadcaster Pat Robertson. McDonnell is a graduate of Robertson's Regent University law school.

McDonnell is due for sentencing early next month. Operation Blessing, of course, has long been saddled with accusations of fraudulent practices.

VIRGINIA GOVERNOR TERRY MCAULIFFE LAUNCHES LGBT TOURISM TASK FORCE

Virginia has announced the formation of the state’s first LGBT Tourism Task Force, reports Loudon Times.

Made public during the Virginia-1 Tourism Summit in Reston yesterday by Democratic Governor Terry McAuliffe, the task force aims to showcase Virginia as a gay-friendly state for both residents and visitors.

According to state tourism officials, the task force is the second of its kind in the nation and the first in the South.

Secretary of Commerce Maurice Jones will head up the panel comprised of “industry stakeholders, LGBT community members and business leaders,” said McAuliffe.

McAuliffe’s address focused on the broad impact the $21.5 billion tourism industry has on state's economy:

“Tourism plays an important role in attaining that goal, building communities, and helping drive the new Virginia economy.” We have an opportunity to build upon the progress Virginia made this year in achieving marriage equality and ensure that visitors across the globe know that the commonwealth is open and welcoming to all.”

Jones added:

“Tourism has consistently proven to be a sound investment for Virginia. It is an instant revenue generator, channeling millions of dollars into the Commonwealth’s coffers and into the revenue stream to local governments.”

David Rubenstein gives $10 million to Montpelier, home of James Madison

Philanthropist David M. Rubenstein announced Saturday that he is giving $10 million to Montpelier, the historic Orange, Va., home of the nation’s fourth president, James Madison.

The donation comes on the heels of Rubenstein’s gifts of $5 million to the White House Visitor Center in September and $12.3 million to Arlington House, the home of Robert E. Lee, in July.

He also paid $7.5 million of the $15 million cost of the repairs to theWashington Monument after the 2011 earthquake.

The Montpelier gift, announced at the site, will fund reconstruction, refurnishing and archaeology at the plantation that Madison’s family occupied with its slaves for several generations.

Montpelier is about 90 miles southwest of Washington. Madison served as president from 1809 to 1817. When he retired, he moved with his wife, Dolley, back to the plantation where he had grown up and where his mother still lived.

David M. Rubenstein, pictured in this file photo, announced Saturday that he is giving $10 million to Montpelier, the historic Orange, Va., home of the nation’s fourth president, James Madison, who also helped write the U.S. Constitution. (Jeffrey MacMillan/Jeffrey MacMillan )

“I do believe that we should learn more about our history, and particularly history relating to the rights and freedoms that this country has,” Rubenstein said in a telephone interview Thursday night.

“James Madison, as a person who lived in Montpelier and was the father of our Constitution, I think making sure that more people know about him is probably a good thing,” he said. “I wanted to try to make Montpelier a more attractive destination.”

“Montpelier, like Monticello and like Mount Vernon, are homes of great American leaders from that era,” he said. “And more and more Americans, I hope, will visit them.”

Monticello was Thomas Jefferson’s home. Mount Vernon was George Washington’s home.

Rubenstein — the billionaire co-founder of the Carlyle Group, a Washington-based global private equity firm — has a passion for U.S. history and has made numerous major history-themed donations in the past.

He said he called Montpelier several months ago and asked whether he could visit. “I came down and looked around,” he said, and was struck by the story of Madison’s diligence, learning and behind-the-scenes work ethic.

“He devoted himself entirely to public service,” Rubenstein said. “He got things done.”

Eugene Delgaudio Warns Gay Men Will Terrorize Day Care Centers, 'Pick Out A Little Boy'

Wingnut Virginia Republican Eugene Delgaudio, who heads listed hate group Public Advocate of the United States, has warned supporters that “wedding gown-clad men” are about to “terrorize daycare centers, hospitals, churches and private schools," reports Right Wing Watch.

In a fundraising email sent last week with the subject “They say you support homosexual ‘marriage,’” Delgaudio explained that because of the “homosexual agenda,” you will very soon “see men hand-in-hand skipping down to adoption centers to ‘pick out a little boy for themselves.”

As if that weren’t enough to worry the homophobes, Delgaudio goes on to say that because of “special job rights for homosexuals,” “every homosexual fired or not hired becomes a potential federal civil rights lawsuit.”

The horror gets worse as he warns that “radical homosexuals will terrorize daycare centers, hospitals, churches and private schools.”

He also warned that the Student Non-Discrimination Act of 2011 - which he refers to as the "Homosexual Classrooms Act" - will push the "homosexual agenda" (which appears to encompass safe sex) in schools:

"Your children or grandchildren will be taught homosexuality is moral, natural and good. High school children will learn perverted sex acts as part of 'safe sex' education.

"With condoms already handed out in many schools, radical homosexuals will have little trouble adopting today's 'if it feels good do it' sex-ed curriculum to their agenda."

Virginia Governor Terry McAuliffe Secures Equal Benefits for Married Same Sex Couples

Terry McAuliffe (D), Virginia’s recently elected governor, threw his support behind instituting protections for LGBT people in the workplace by issuing an executive order requiring all state agencies disregard the state’s former ban on same sex marriage. In a 2-1 split, a federal appeals court officially declared the ban to be unconstitutional in July of this year.

"The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual's life," the opinion reads. "Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance."

McAuliffe’s order will ensure that all gay and lesbian state employees whose marriages are now recognized within Virginia will be able to provide their spouses with access to state health programs. The announcement comes on the heels of the Supreme Court’s decision not to hear petitions from five states regarding same sex marriage. Within hours the decision triggered an immediate spike in the number of wedding licenses issued to gay couples throughout Virginia.

“After decades of work to change hearts and minds, the freedom to marry is now a reality,” executive director of Equality Virginia James Parrish told The Washington Blade. “This is such an exciting and historic day, and we are thrilled for the thousands of couples whose relationships — and families — will now be recognized by the commonwealth of Virginia.”

Hospitalized teen charged with assault after fighting back against bullying

A Virginia teen is facing assault charges despite being brutally beaten in an altercation at his high school that left him hospitalized for nine days.

Eric Martin a student at Highland Springs High School in Henrico, Va., suffered a long list of injuries, including a head injury and a broken hand, according to his mother Mary Martin. “That’s not just a fight,” she said. “That’s a beating. That’s a vicious beating.”

But now, Eric must appear in court on two assault charges, reports WWBT-TV.

Eric’s mother admits Eric threw the first punch, but she says he was a victim of bullying. She says he is constantly being attacked with gay slurs. Details surrounding the incident that led to the beating have not been made publicly available.

NBC12 - Richmond, VA News

McAuliffe becomes Virginia’s first sitting governor to attend LGBT pride

Gov. Terry McAuliffe on Saturday became the first sitting governor of the state to attend Virginia’s annual LGBT Pridefest.

Andy Johnson, for GayRVA.com

Gov. Terry McAuliffe (D-Va.) at Virginia Pridefest, Saturday, Sept. 27, 2014.

“It’ a new day in Virginia, I can tell you that folks,” said McAuliffe, speaking in front of thousands of enthusiastic and LGBT Virginians and allies.

“I feel good things are happening and we’re going to have marriage equality here in the commonwealth of Virginia,” McAuliffe said, praising the two same-sex couples who are plaintiffs in the federal court challenge to the state’s gay marriage ban.

“I was the first elected official in the south to come out to come out for marriage quality,” he said, adding, “It was the right decision.”

Still in his first year in office, McAuliffe has offered a stark contrast on LGBT issues compared his predecessor, Bob McDonnell.

McDonnell took steps to make adoption nearly impossible for same-sex couples, removed work places protections for LGBT state employees, and was recently convicted on a range of corruption charges and faces federal jail time.

McAuliffe, however, spent his first moments in office signing an executive order protecting the state’s LGBT employees from discrimination. And he’s voiced his support for state Attorney General Mark Herring’s refusal to defend the state’s ban on same sex marriage.

McAuliffe was also the first Virginia governor to proclaim June LGBT pride month.

“We need to be open and welcoming to everyone,” said McAuliffe, who has said equal rights for LGBT citizens is key to a making Virginia business friendly. “You can not grown an economy when you put walls up around Virginia… no matter who you love, we want you here in Virginia.”

Virginia House of Delegates Approves Resolution Hiring Lawyers to Defend State's Gay Marriage Ban

Republicans in the Virginia House of Delegates passed a resolution Thursday that would authorize the chamber to hire legal counsel to defend the sate's gay marriage ban. 

In January, Virginia Attorney General Mark Herring announced he would not be defending the state's discriminatory ban in court. 

GayRVA reports:

HR 566 started as a move to allow the branch to hire a lawyer to “represent the House of Delegates to halt any attempt by the Governor to expand the Medicaid program without the explicit approval of the General Assembly.”

But in language added in a reprinting of the bill today, a clause was added which would allow the republican dominated house to hire private council to defend the state’s ban on same-sex marriage.

Specifically, it would allow the Speaker of the House, William J. Howell R-53 to hire counsel to represent the legislative body in state courts and gain the power to remove the AG for his “improper role in challenging Virginia’s marriage laws.”

The employed counsel would then be able to “represent the position of the Commonwealth in pending litigation involving the challenge to the constitutionality of Virginia’s marriage laws”

Responded Herring's Director of Communication Michael Kelly:

“Every court that has reviewed Virginia’s marriage ban has agreed with Attorney General Herring’s analysis and the author of Virginia’s modern constitution has said the Attorney General acted within his authority and duty. This is just an anti-equality measure wrapped up in the guise of the law."

Homophobic Preacher Drowned Out By College Students' Song Of Love & Tolerance

​A homophobic preacher spreading hate "in the name of God" on the James Madison University campus in Virginia got more than he bargained for when faced with a group of students that fought back with a pretty powerful weapon: love. 

According to social media reports the preacher began his "sermon" by telling a gay couple holding hands on campus that they were going to hell.

Thankfully, that message was drowned out by the students who gathered around to spread their own message of love and tolerance via a Christian song by John Mark McMillon called "How He Loves." 

Led by a guitarist, it's pretty comical--and powerful--to see this preacher's hate so resoundingly drowned out by college students that want to share love. 

When the song concludes, the teacher tells the students that they are headed "straight to hell."

Their response--meant for everyone listening? "Jesus loves you all!"

Nice job, guys!

Newest story of anti-Christian persecution a huge sham

aver

One thing to remember about this ridiculous current argument about "religious liberty" pushed by the anti-gay right is that when they spin stories regarding how "Christians" are losing their right to free speech, these so-called bastions of morality deliberately omit details.

Case in point is a recent article in the American Family Association's online fake new source, One News Now:

Attorney Wally Kubitz stated in an email that he doesn't believe there is a constitutional right for same-sex marriage, quoted the Bible, and - by mistake - hit “reply to all.” As a result, the law firm of Becker and Poliakoff says Kubitz is facing severe disciplinary measures. Attorney Mat Staver of Liberty Counsel tells OneNewsNow that Kubitz has a right to his opinion and to express it freely. 

“For him to be disciplined, and to be called inappropriate and reprehensible for what he said is absolutely outrageous,” he says. “If this law firm takes action against this attorney, the law firm is going to be violating the law and this individual's rights.” 

Staver says Kubitz's predicament is a clear indication of why the American public must be vigilant regarding the homosexual agenda. “This is a zero-sum game, meaning that there will be a winner and there will be a loser,” he explains. “There will be no coexistence - not because Christians or other people are intolerant, but because those who want to push this view are intolerant of anyone who holds a traditional view that marriage is the natural, ontological union of male and female, man and woman.”

Charlie Butts, the author of this piece, is freely telling a lie. Kubitz's so-called predicament is less about the so-called stifling homosexual agenda and more about ugly emails sent on company time.

Allow me to add some details that Butts omitted, courtesy of Daily Business Review:

Becker & Poliakoff leaders say they have taken undisclosed "strict and severe" action against an attorney who sent an email to the entire firm blasting homosexuality and a recent federal court opinion in favor of same-sex marriage. 

Walter Kubitz, a senior lawyer in Becker's Manassas, Va., office, wrote Monday: "Today's reckless trashing of morality has been damaging on many fronts. For one, there has been a significant increase in sexually transmitted diseases over the past few decades, with the gay plague of AIDS being a classic example." 

The email blasted a recent federal court decision finding the Florida ban on same-sex marriage violates the state Constitution, saying, "There is not a shred of historical evidence that either of those clauses was ever intended to legitimize homosexuality." 

. . . Michael Gongora, a former Miami Beach city commissioner, also blasted the email, saying: "As an openly gay attorney at Becker & Poliakoff for over nine years, I know that the email sent by this attorney does not reflect the core values of this firm. In fact, Becker & Poliakoff is committed to diversity as reflected by the firm's hiring practices, outreach and diversity scholarships awarded annually." 

Kubitz was responding to a firmwide email sent Friday by a member of the firm's management committee notifying them of the recent ruling by U.S. District Judge Robert Hinkle in Tallahassee striking down Florida's ban on same-sex marriage.

Seems to me that Kubitz's employers has just as much right to deal with employees who may be interfering with its core values as Kubitz has to state his opinion.

The question is why didn't One News Now tell the entire story. Or do we all know the answer to that question?

Virginia Lawyer Faces Severe Action After Calling AIDS "Gay Plague"

Walter Kubitz, most likely to be fired from his law firm  (Source:http://www.pinknews.co.uk)

Responding to Florida's decision to lift the ban on same-sex marriage last month, a Virginia lawyer emailed his entire law firm of more than 170 attorneys to let them know that he was disgusted by the legitimization of homosexuality, especially given that the "gay plague of AIDS" should have shown us all better by now. As a result, the man's employer has taken "immediate and severe" action.

Pink News reports that Walter Kubitz, a senior lawyer at Becker and Poliakoff send the August 25 email "lest my usual silence be taken as assent."

Kubitz argues that there is "not a shred of historical evidence" that Florida's ban on same-sex marriage violated the 14th Amendment Due Process and Equal Protection clauses, as Judge Robert Hinkle found last month.

At that time, Pink News had reported that Hinkle ruled the 2008 voter-approved ban was in violation of equal protection and due process, but immediately stayed his ruling pending appeals, meaning no same-sex marriages would occur presently.

Despite the stay, Kubitz was apparently incensed by the decision, letting his coworkers know that Hinkle had "amended the Constitution by judicial fiat," as part and parcel of the overall degradation of American values.

"Today's reckless trashing of morality has been damaging on many fronts. For one, there has been a significant increase in sexually transmitted disease over the past few decades, with the gay plague of AIDS being a classic example," wrote Kubitz, before predictably quoting scripture about punishing the wicked and reprobate minds.

The firm said that it has taken "immediate and severe" action over the email, which is found "reprehensible" and "inappropriate and would not be tolerated."

"The email infuriated me," said Ken Direktor, a member of Becker & Poliakoff's management committee, as reported on RawStory. "I've been here 28 years, and we promote and support a work environment that's diverse and collegial. An email as divisive as this runs directly contrary to the core values of the firm."

And Above The Law reports that this old school homophobic rant is not only bigoted, but is "incredibly stupid" to the point of being quaint.

Reporter Elie Mystal notes of the potentially career-ending email, "I don't know why Kubitz was moved to speak on the matter given that he works out of Becker's Virginia office and it doesn't appear that Becker was involved in the case in any way."

"Is this 1982?" she asked. "Was this email written on a typewriter? ...Calling AIDS the 'gay plague' is a classic example all right -- the classic example of something a rank idiot says.... This isn't an email about gay marriage. This is a freaking departure memo. Or at least it should be."

In 2014, a Virginia Town Is Still Battling Witchcraft, Magic, And ‘Gypsies’

As the rest of the world focuses on homelessness, immigration reform, terrorism, and other important topics (for better or worse), one Virginia town is keeping its sighs squarely on what truly matters: the threat posed by witches, gypsies, and fortune tellers.

For decades, the small town of Front Royal has had a code that prohibits fortune telling and the practice of magic arts — but questions regarding the legality of the restriction and the use of offensive terms like “gypsies” has caused the ban to be the subject of a heated debate.

More than fifty residents had nothing better to do last week than show up at a hearing to voice their concerns for or against the ban after a local tarot card reader was told to stop practicing her art because it is in violation of the archaic law.

Councilman Bret Hrbek said he was “outraged by the whole conversation.” He said that the code contains language that is “pejorative and insulting.” He also criticized the law for claiming that fortune tellers are “pretending” to read the future.

“You and I, as Christians, may not agree with that practice,” Hrbek said. “But for us to write in the law to say … these are the facts, that is disturbing to me and it should be disturbing to every American who believes that we have liberty.”

“I feel like we’re in the movie Footloose, but reversed where kids wanted to dance, but the state said they couldn’t and here we are, the folks in the community saying ‘please impose our moral viewpoint on everyone else,’” Hrbek said.

One resident, Elizabeth Poel, asked why town council would act in a manner that benefits Pagans, who make up a small percentage of the population.

According to NVDaily,

Gay marriage: Which case will the Supreme Court choose?

It's getting so you can't tell the potential Supreme Court cases on same-sex marriage without a scorecard.

When the justices sit down for their first fall conference Sept. 29, they will consider the initial requests from states to review decisions striking down gay-marriage bans. Unless they quickly agree to hear one or more cases, those petitions won't be the last.

Lawyers on both sides predict the justices will act soon to decide the issue by next June. That makes it likely they will choose from among the three cases pending. Some of the nation's premier Supreme Court advocates, sensing history in the making, have signed on to represent gay couples or state officials.

"The issue is moving so fast," says John Bursch, a former Michigan solicitor general defending Utah's gay-marriage ban. "People want an answer soon, and I think the court is going to want to give it to them."

Here's the betting line:

UTAH: As the first case decided by a federal district judge and an appeals court panel after the Supreme Court's rulings in June 2013 in favor of gay marriage, Herbert v. Kitchen is the front-runner.

Arguments for: State officials back the ban, guaranteeing a vigorous defense. Former acting U.S. solicitor general Neal Katyal, who has argued 21 cases before the court, has joined the gay couples' legal team, along with Mary Bonauto, who won the nation's first same-sex marriage lawsuit in Massachusetts in 2003.

More than 1,000 couples got married before the district court decision was stayed by the Supreme Court in January, leaving them in a marital limbo that the justices might feel compelled to resolve, having created it themselves.

Among the plaintiffs are couples who want to marry; who were married before the district court ruling was blocked; and who want their Iowa marriage recognized in Utah. That covers all the bases. "This court's resolution of the question presented can mark the end of marriage litigation in all respects," the state's brief says.

Arguments against: There are few, leading most prognosticators to predict Utah's will be one of the cases chosen, if not the only one. "We're not trying to bump out anyone else," Katyal says.

OKLAHOMA: The state has played second fiddle to Utah since January. District and appeals court rulings against the state's gay-marriage ban came a month later; the Supreme Court petition was filed a day later.

Arguments for: The state's gay-marriage ban is particularly stringent; it's a crime to issue a marriage license, and no one has tied the knot. The case, Smith v. Bishop, is being pursued by the court clerk for Tulsa County — someone who actually issues marriage licenses. Stanford Law School professor Jeffrey Fisher, a veteran of 23 high court cases, is arguing for same-sex marriage rights.

Arguments against: The case has had procedural problems on its way to the Supreme Court and is left with only one couple as plaintiffs; the issue of recognizing marriages performed in other states isn't included. It dates back to 2004, a 10-year history the high court might want to avoid. And it comes from the same 10th Circuit as Utah, which could work against Oklahoma if the justices choose more than one case.

VIRGINIA: Same-sex marriage cases in the Old Dominion are unique, giving the justices clear reasons to prefer or reject them.

Arguments for: This is the state of Loving v. Virginia, the 1967 case that struck down state bans on interracial marriage. Its gay-marriage ban is one of the toughest, prohibiting civil unions and blocking the state from recognizing marriages performed elsewhere.

Former U.S. solicitor general Theodore Olson and David Boies, the conservative-liberal tag team that represented California's same-sex couples at the Supreme Court last year, are back for another try. Olson has argued 60 cases at the high court.

The case decided by district and appeals courts, Rainey v. Bostic, includes the lesbian parents of a teenager, which presents the issue of how gay couples' children are treated. The case has been joined with a separate class-action lawsuit filed on behalf of all Virginia's gay couples.

"It would be the kind of case that would resolve a number of outstanding legal issues," state Attorney General Mark Herring says.

Arguments against: Herring, a Democrat elected last November, refused to defend the ban and has argued against it. That's what California officials did in last year's Supreme Court case on Proposition 8; the justices ultimately ruled that those defending the gay-marriage ban lacked standing. In Virginia, it leaves the task to two court clerks represented by private lawyers, including the conservative Alliance Defending Freedom.

"I don't think you want constitutional law being made by default," says John Eastman, a law professor at Chapman University and chairman of the National Organization for Marriage.

OTHER STATES: Six cases from Ohio, Michigan, Kentucky and Tennessee were consolidated at the 6th Circuit Court of Appeals this month, and a ruling could come before the Supreme Court convenes this fall. Cases from Indiana and Wisconsin were heard at the 7th Circuit on Tuesday. Appeals from Idaho and Nevada are scheduled before the 9th Circuit early next month. Still more cases are in the pipeline, including from Texas; the 5th Circuit would be most likely to rule against gay marriage and create a split among appeals courts.

Arguments for: The justices might want to hear and benefit from additional appeals courts. That could include important opinions by Judges Jeffrey Sutton in the 6th Circuit and Richard Posner in the 7th, where a three-judge panel appears headed toward the first unanimous judgment against state bans.

Arguments against: Even if the justices don't wait for more rulings before scheduling a case, they are certain to get the benefit of them before they rule. Waiting to choose a case for Supreme Court review would leave states and same-sex couples in limbo — possibly until the 2015 term.

MULTIPLE CASES: When an issue is of paramount importance, the court frequently grants more than one case. The leading example: Brown v. Board of Education (1954), which combined cases from Kansas, South Carolina, Virginia, Delaware and the District of Columbia. This year, the court heard two cases on the new health care law's "contraception mandate" and two on cellphone privacy.

Arguments for: More cases offer more plaintiffs to consider, more arguments to present and more advocates at the lectern. "Given all of these permutations, this may be a situation in which a belt-and-suspenders approach – that is, granting multiple cases – is the most prudent course," says the Oklahoma couple's brief seeking Supreme Court review.

Arguments against: Simplicity. The court doesn't always believe more is better. Faced with multiple choices challenging the federal Defense of Marriage Act, it chose Edie Windsor's case in New York and no other — then issued a landmark decision that forced the government to recognize same-sex marriages.

NONE OF THE ABOVE: If the federal circuit courts continue to rule in favor of same-sex marriage, the justices could just sit on their hands and let groups of states go that way gradually.

Arguments for: Why impose a verdict from on high? All states in the 1st and 2nd Circuits already allow gay marriage. Lifting the stays in the 4th and 10th Circuits would continue the trend.

Arguments against: It could take years before all 11 circuits have acted, and they might not go the same way. The country would be divided, leaving some gay couples without the rights and benefits enjoyed by others. And the issue of same-sex marriage would lack the imprimatur of the Supreme Court — whichever way it rules.

VIRGINIA: State AG Mark Herring To Ask SCOTUS To Review Fourth Circuit Ruling

Last week the Alliance Defending Freedom announced that they will file an appeal with the US Supreme Court over the Fourth Circuit Court's overturn of Virginia's same-sex marriage ban. Their appeal will be filed on behalf of the Prince William County clerk. Today Democratic Virginia state Attorney General Mark Herring announced that he will also ask SCOTUS to review the Fourth Circuit's decision.

Herring’s office said it planned to make its filing seeking a Supreme Court review on Friday. “I believe the district and appeals courts ruled correctly in striking down Virginia’s discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word. I want that decision to come as soon as possible and I want the voices of Virginians to be heard,” Herring said in a statement. On Monday, the plaintiffs in the case challenging Virginia’s same-sex marriage ban said they wanted a federal appeals court to allow gay marriages to occur before the U.S. Supreme Court can rule on the issue. “The right to marry is fundamental, and thus Virginia’s marriage prohibition irreparably harms plaintiffs-appellees — and all gay men and lesbians in the commonwealth — each day that it remains in force,” attorneys for two gay couples challenging the law wrote in a Monday court filing.

Read Herring's full press release.

County clerk seeks stay in Va. same-sex marriage ruling

A county court clerk in northern Virginia is seeking to delay a federal appeals court ruling striking down the state’s same-sex marriage ban.

Michele B. McQuigg

A panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled Monday that Virginia’s same-sex marriage ban approved by voters in 2006 is unconstitutional.

In a filing Friday, Prince William County Circuit Court Clerk Michele B. McQuigg asked the court to stay the decision while she appeals to the Supreme Court.

Without a stay, marriage licenses could be issued to Virginia’s same-sex couples 21 days after the ruling.

Attorneys for McQuigg did not immediately return telephone messages left by The Associated Press.

McQuigg is represented by the Alliance Defending Freedom, the conservative legal outfit that is also representing a Pennsylvania county clerk in her efforts to overturn that state’s same-sex marriage ruling.

The filing states the delay would ensure the “orderly resolution” of an important constitutional question.

NC Attorney General Says He'll No Longer Defend State's Gay Marriage Ban Following 4th Circuit Virginia Ruling

North Carolina's Attorney General Roy Cooper said today that he would no longer defend the state's gay marriage ban following the Virginia ruling from the Fourth Circuit Court of Appeals, the News Observer reports:

Cooper said that in light of the decision it would be “futile” to continue arguing the North Carolina’s case against same-sex marriage.

“I have concluded that the state of North Carolina will not oppose the cases moving forward,” Cooper said before a bank of television cameras at his office in downtown Raleigh. “… Our office believes the judges in North Carolina are bound by this 4th Circuit decision.”

Four cases are currently challenging North Carolina's ban on gay marriage. Cooper's decision will not immediately affect NC, the paper says, because no judge has ruled there, but it does pave the way for further equality rulings.

Added Cooper: “Our attorneys have vigorously argued this case every step of the way … There are really no arguments left to be made.”

Virginia is for Pervs!

Police in Manassas City, Virginia plan to force a 17-year-old boy to get an erection, so they can photograph it.

Why? Because the boy sexted his 15-year-old girlfriend after she sent him some photos of herself. Still not making sense? Read on. (“Sexting” is when you send a sexually-explicit text message to someone.)

The girl’s mom was unhappy about the sexting, so she called the cops, who are now charging the 17-year-old with two felonies: the production and possession of child pornography.

Yes, taking a picture of your own junk is now a felony in Virginia if you’re underage. Which means, there are an awful lots of felons in Virginia.

It’s really an unbelievably outrageous abuse of power by a state that has traditionally been at the forefront of the abuse of power, going to back to the days when Virginia went all the way to the Supreme Court in order to stop whites from being able to marry blacks. You might also recall that Virginia is the state that infamously took away the child of a lesbian mother several years ago.

Virginia is also the state where the GOP gubernatorial candidate, Ken Cuccinelli, (who thankfully lost) wanted to make oral sex illegal in the state, even between married heterosexual couples.

So, in order to prove that the video that was sexted was of the boy himself — and thus is “child pornography” – the police may have to inject the boy’s penis with a drug that induces an erection (one assumes it’s the same drug porn stars use (seriously)).

The police are now defending their decision to get a search warrant to force a 17-year-old boy to get a hard-on in front of them, while they photograph the boy’s erect penis.

Of course, it isn’t just the Manassas City police department that has some issues here, the Prince William County prosecutors are equally culpable, as they apparently gave the go ahead to move forward with this case. Anyone who’s dealt with local law enforcement knows how generally difficult it is to get police to move forward with anything, in part because local prosecutors usually don’t want to get involved unless it’s a violent crime and then some (at least in my experience).

So it’s rather telling that the Manassas police and the Prince William County prosecutors think the biggest threat to Virginia today is a boy sexting his girlfriend. And mind you, this is a sex crime. This boy may find himself listed publicly as a sexual predator for the rest of his life.

Particular opprobrium is due Assistant Commonwealth Attorney Claiborne Richardson, who is the one who reportedly came up with the idea to inject the boy’s penis in order to provoke an erection that the prosecutors and the cops can then photograph:

Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”

Just unbelievable.

VIRGINIA: Judge Tosses Out Recall Petition Against Eugene Delgaudio

The recall petition against Loudoun County Supervisor Eugene Delgaudio was tossed out today. Delgaudio, who is the only elected official who also heads an SPLC-certified hate group, has been accused of using public employees to work on his anti-gay campaigns.

[Judge Paul] Sheridan accepted the recommendation from Democratic Arlington Commonwealth's Attorney Theo Stamos, who was prosecuting the case on behalf of the commonwealth. Stamos, who was tapped to handle the matter following the recusal of Loudoun's commonwealth's attorney, reasoned Tuesday in a Leesburg courtroom there was not substantial evidence to take the recall effort to trial. The petitioners, known in court filings as the Citizens of Sterling, alleged Delgaudio used public employees and Loudoun tax dollars for political fundraising. Moreover, the Citizens of Sterling group claimed the supervisor's inflammatory rhetoric and fervent anti-gay views have caused dysfunction within Loudoun County government. Speaking on today's outcome, Charlie King, Delgaudio's attorney, said, “The two-year snipe hunt for Eugene Delgaudio is over. Before the bloggers chime in, everybody should know this case ended because there was no evidence.”

Democrat Jack Trammell speaks out about Virginia congressional race

Virginia Democratic congressional nominee Jack Trammell responded to questions from msnbc’s Krystal Ball about his policy views and House Majority Leader Eric Cantor’s primary defeat. This Q&A was one of Trammell’s first with the national press.

Q: So, you jumped into this race out of the blue a little over a week ago. You were nominated in a conference call Sunday night. What made you wake up and decide you wanted to run for Congress? 

A: Well truthfully, I’ve been thinking about running for several years but really committed to the idea a few months ago as I watched the dysfunctional politics of Congress continue to hurt Virginians. I’m running to give Virginians a leader who will get Congress focused on the priorities that matter to our community.

Q: We know you’re a history professor at Randolph Macon College. Your opponent Dave Brat is also a professor at Randolph Macon. (I guess faculty meetings are about to get a bit awkward!) Do you know Professor Brat? What else should we know about your background and your beliefs?

A: Professor Brat is a casual friend, meaning we know each other, and talk on occasion. We might have even played a game or two of basketball together! Although we do know each other, my beliefs drastically differ from those of Professor Brat. I think it’s important for people to know that I am a very active member of my community, so I’m very connected to the issues that are important to our community.

Q: Majority Leader Eric Cantor’s loss to David Brat was obviously a stunning upset that next to no one predicted. Did you expect to face Cantor in the Fall? To what do you attribute his loss? 

A: Part of me did; part of me believes in the unpredictability of politics. I believe his loss is just another indication that Virginians believe as I do that it is time for fresh ideas and new leadership in Washington.

Q: Have you spoken with the Democratic Congressional Campaign Committee? Will they support you?

A: Right now, I am working with my 7th District committee leaders, as well as the state party, to put as many pieces into place as possible in a reasonable amount of time. We’re focused on building our campaign and reaching out to Virginians to share our message.

Q: David Brat’s campaign against Cantor was animated by his opposition to what he calls amnesty for undocumented immigrants. Do you believe that the Dream Act, which would grant citizenship to the children of undocumented workers, or comprehensive immigration reform represent amnesty? What would you look to do on immigration?

A: I think immigration reform is a perfect example of how partisanship derails progress. We have to work together in order to enact change and move forward in the right direction.

Q: Virginia’s approach to health care reform has also made a lot of news this week with The Washington Post reporting that Republicans pressured a Democratic state senator to resign in order to prevent Democrats from moving forward with Medicaid expansion. Do you believe Virginia should accept federal government dollars to expand Medicaid to all those under 133% of the poverty line?

A: I am in favor expanding Medicaid. Here in Virginia alone, 400,000 people could benefit from doing so.

Q: What are your views on the president’s health care law more broadly? Would you change it? Repeal it?

A: The status quo wasn’t working for middle class families or our country’s bottom line. The only people who liked the status-quo were the insurance companies and the politicians they fund. The law isn’t perfect and I believe in remaining vigilant over time to monitor and improve any aspects of that law that need strengthening. We should fix what’s not working and keep what is.

Q: Sadly school shootings and gun violence have continued to dominate headlines this week. Would changing our federal gun laws help to prevent these sorts of tragedies?

A: My views on this issue are shaped by my life experience as both a teacher who would not want guns in my classroom, and as a rural resident with many friends and neighbors who are safe and responsible firearm owners. Generally, I would take my cues from law enforcement officials – but gun violence is a problem that has no easy, one size fits all solution – we need a complete approach that addresses mental health, education and a careful look at the legislation.

Q: Finally, Majority Leader Cantor was a very conservative member of Congress and was still ousted by forces even further to the right in the Republican Party. Is that hard right ideology typical of the 7th Congressional District? What does your path to victory look like? 

A: It is certainly not typical, meaning that it doesn’t represent everyone’s views, by any means. In spite of the way the district was drawn, there is a wealth diversity in its demographics. As I meet new people and connect with those I already know, I’m reminded of this. There are so many issues affecting our community that cross party lines. The people of the 7th District deserve a leader who can work across those lines, stand up to the reckless dysfunction in Washington, and get results on the issues that matter to us.