Louisiana: 10 GOP Lawmakers Vote To Keep Bestiality Legal But Outlaw Gay Sex

(image via Flickr - Photographer Tila Monto)

Oh dear.

During voting yesterday in the Louisiana state Senate, 10 Republican lawmakers voted against a measure that would strip out the crime of bestiality from Louisiana's outdated and unconstitutional sodomy law and make the act illegal as a separate law.

But the inclusion of one line in the legislation -  “Anal sexual intercourse between two human beings shall not be deemed as a crime" - was too much for 10 Republican lawmakers.

So, they voted for bestiality in order to keep oral and anal sex (known as "crimes against nature") illegal.

As New Orleans state Sen. JP Morrell, who sponsored the bill, said at the time, "God forbid you vote against this bill, good luck explaining it."

Since the sodomy portion of current law has been deemed unconstitutional and therefore unenforceable, Morrell's bill would strip out the bestiality aspect to make the crime of sex with an animal illegal and allow authorities to prosecute the crime.

The bill passed by a vote of 25-10.

Whew.

The measure now heads to the state House.

Louisiana Appeals Court Strikes Down LGBT Protections

Louisiana's First Circuit Court of Appeals has ruled Gov. John Bel Edwards' attempts to protect LGBTs who work for the state government are unconstitutional.

The Democratic governor's positions were challenged by GOP Attorney General Jeff Landry.

From The Times-Picayune:

"We do not live under a King in Louisiana; we have a Governor, an independent Attorney General, an elected Legislature, and a Court system who are all involved in the governing of our State," Landry said in a written statement. "I applaud the professionalism and attention of the Court of Appeal in these matters."

The decision comes after a three-judge panel reviewed Edwards' executive order protecting LGBT state workers and contractors to determine whether it is constitutional.

"The Governor's Executive Order in this case goes beyond a mere policy statement or directive to fulfill law, because there is no current state or federal law specifically outlining anti-discrimination laws concerning and/or defining sexual orientation or gender identity," reads the decision written by Judge Toni Higginbotham on behalf of the court.

"The current laws simply prohibit discrimination based on a person's biological sex," she wrote.

Edwards wanted the LGBT nondiscrimination policy to apply to all of state government. His order prohibited harassment and discrimination based on sexual orientation and gender identity, similar to bans on racial or religious discrimination.

News Round-Up: December 15, 2016

Some news items you may have missed:

• "Cause we need a little Christmas, right this very minute..." via Randy Report fave, Alexander Abramov.

• Could New Zealand approve same-sex marriage before super-gay Australia? Maybe.

• Interesting article from the Indy Star on the closings of gay bars across the country. The writer points to the popularity of gay dating apps as well as the growth in tolerance for LGBTs as causes for the decline of gay watering holes.

• Russian President Vladimir Putin denies he had anything to do with cyber-hacking the DNC during the U.S. presidential race. What a surprise.

• A Louisiana judge has struck down Governor John Bel Edwards’ executive order protecting LGBTQ state workers and contractors from discrimination.

• After 8 years of forward movement for LGBT rights in the U.S., leaders of the movement are preparing to shift back to a defensive stance with the incoming Trump administration.

• Just hours after Vanity Fair gave the Trump Grill a bad review, Donald Trump tweeted an attack on the magazine and it's editor. This is really how it's going to be for the next four years?

Republicans Win Louisiana Senate Seat For 52/48 Majority

Louisiana elects John Neely Kennedy to the Senate, giving Republicans a final 52-48 advantage over the Democrats https://t.co/iR2UGPxF41

— The New York Times (@nytimes) December 11, 2016

Louisiana's Largest Newspaper Endorses Hillary Clinton For President

Louisiana's largest newspaper, the New Orleans Times-Picayune, has endorsed Democrat Hillary Clinton for president.

In the op-ed, the paper specifically notes Clinton's support for infrastructure investments, childhood education and diversity as key to their endorsement.

The editorial board points to Donald Trump's divisive approach and "combative style" as disqualifying for the office of president.

Mr. Trump has proved himself wholly unsuited to be president. He has spent this campaign denigrating women, Muslims, Mexicans, refugees, disabled people, the parents of a soldier who died in Iraq and essentially anyone who questioned him.

He has suggested that an African-American protester at one of his rallies should be “roughed up,” made gross generalizations suggesting that all black people live in poor, violent neighborhoods, expressed support for racial profiling by police. And he threatened in the last debate to jail his political rival if elected.

Mr. Trump’s go-to move is the insult. His combative style would be disastrous on the world stage, where poorly chosen words can incite violence and cost lives. His affection for Russian dictator Vladimir Putin and use of Russian propaganda to attack Mrs. Clinton are a frightening signal of what his approach to foreign policy would be.

The recording that surfaced Oct. 8 of Mr. Trump bragging about forcing himself on women and grabbing them between the legs is abhorrent. His characterization of the episode as mere “locker room talk” bespoke a pathological inability to acknowledge, and repair, his mistakes.

As for which candidate is better for Louisiana, there is no contest. Mrs. Clinton is committed to investments in infrastructure, including ports, that would benefit our state. She also wants to offer preschool to every 4-year-old, something that fits Louisiana’s goal of expanding and improving the quality of early childhood education.

But for New Orleanians, perhaps the most compelling contrast between Mr. Trump and Mrs. Clinton is his intolerance and her inclusiveness. New Orleans has diversity in its DNA. A president who routinely degrades African-Americans, Hispanics, Muslims and women could not, and would not, represent us.

Our nation is divided. Healing it will require strength, emotional intelligence and respect for all people’s humanity and dignity. We don’t believe Hillary Clinton is everything America needs in a president. But we have no doubt that she is the best choice on the 2016 ballot to move the country forward.

While the list gets longer and longer in regard to newspaper endorsements, I want to underline that I post these op-eds to illustrate how a broad swath of left and right leaning newspapers - sane voices - are publicly stating their support for Clinton.

There is no vast conspiracy rigging an election against Trump. He has put himself out there, and he's being judged on who he's revealed himself to be.

Hillary Clinton Urges Donations For Louisiana, Not "Distractions"

While Republican White House hopeful Donald Trump grandstands in Louisiana, attempting to look presidential in the aftermath of terrible flooding, Democrat Hillary Clinton urges folks to make donations to organizations who can actually help in a time of crisis and not be a "distraction."

From her Facebook:

Hillary points to two organizations who are ready to help right now. Click either link below for more info.

The Red Cross - doing critical work to provide medical assistance and supplies to the victims of this natural disaster.

The Baton Rouge Area Foundation - a local organization that’s directing money to community non-profits that need it.

Louisiana Governor Issues Executive Order Protecting State LGBT Employees In Workplace

Louisiana Gov. John Bel Edwards

Today, Governor John Bel Edwards signed an executive order providing employment protections for LGBT state employees and employees of state contractors.

This executive order also prohibits discrimination in services provided by state agencies, and recognizes an exemption for churches and religious organizations.

The Democratic governor also rescinded his Republican predecessor’s order offering protections to people who oppose same-sex marriage.

There is currently no state law protecting LGBT Louisianans from employment discrimination.

“We are fortunate enough to live in a state that is rich with diversity, and we are built on a foundation of unity and fairness for all of our citizens,” said Gov. Edwards. “We respect our fellow citizens for their beliefs, but we do not discriminate based on our disagreements. I believe in giving every Louisianan the opportunity to be successful and to thrive in our state. Our goal is to promote the opportunities we have right here in Louisiana. While this executive order respects the religious beliefs of our people, it also signals to the rest of the country that discrimination is not a Louisiana value, but rather, that Louisiana is a state that is respective and inclusive of everyone around us.”

DNC chair Debbie Wasserman-Schultz issued this statement via press release in support of the governor's executive order:

“I applaud Governor John Edwards for continuing our party’s strong tradition of equality and protecting all Americans from discrimination. His executive order protecting state workers and contractors from anti-LGBT discrimination will help ensure that LGBT Louisianans have the equal protection under the law they deserve.

“Governor Edwards’ leadership stands in stark contrast to the disingenuous arguments that we’ve heard from Republican leaders in North Carolina, in Mississippi, in Washington, DC, and elsewhere. We have seen Republican Governors cater to the most extreme voices in their party by signing anti-LGBT bills and we’ve seen the Republican National Committee endorse policies that would further target the LGBT community for discrimination.

“Sadly, anti-LGBT measures have become part of the standard Republican playbook. Discrimination is neither a ‘right’ nor a ‘liberty.’ Hatred holds our nation back, and creates divisions where none should exist.

“Governor Edwards’ action today proves once again that the Democratic Party is the party of inclusion, diversity, and respect for all. It’s long past time for the Republican Party to join our efforts to expand equality for everyone.”

Louisiana: 100,000 Residents Will Gain Access To Medicaid As New Governor Takes Office

Two bits of good news in Louisiana - Gov. Bobby Jindal is out and newly elected Democratic Governor John Bel Edwards is in.

Plus, 100,000 residents will get healthcare immediately.

Edwards says that he’s signing off on Medicaid expansion this Tuesday. That means at least one hundred thousand low-income residents of Louisiana will gain access to health care immediately.

The Affordable Care Act of 2009 provided federal funding for expanding Medicaid to those who are as much as thirty-eight percent over the poverty line, but the Supreme Court subsequently ruled that individual states could decline the funds.

Jindal was among the republican governors who chose politics over the health of their own residents. But that now ends immediately. And the people of Louisiana are about to get even more good news.

In related news, Kentucky's new Republican Gov. Matt Bevin has announced he will begin to dismantle his state's health insurance exchange, kynect.

One step forward, one step back.

Louisiana: Democrat John Bel Edwards Wins Governorship Over Sen. "Diaper Dave" Vitter

A little known conservative Democrat has surprised many by winning the governor's race in deep red Louisiana.

With 56% of the vote, State Representative John Bel Edwards bested U.S. Senator David Vitter in a runoff election on Saturday to become the next governor of Louisiana.

From the New York Times:

A more promising red state Democrat could hardly have been found than Mr. Edwards, a Catholic social conservative from a family of rural law enforcement officers who graduated from West Point and served eight years of active duty in the Army.

Mr. Vitter, for his part, was a problematic candidate for Republicans, even though he had been widely seen as the favorite for months. A prostitution scandal from 2007, the baggage of an unpopular Republican incumbent, Gov. Bobby Jindal, and a series of state political foes with long memories dragged Mr. Vitter down before an Oct. 24 primary. He never recovered.

Vitter told supporters last night that he will not be running for reelection for his Senate seat in 2016.

Check out one of the campaign ads that Edwards ran against "Diaper Dave."

Louisiana Gov. Bobby Jindal Runs Out Of Excuses To Block Same-Sex Marriage

District Court enters Judgment in #Lousiana Marriage Case. Will post full doc momentarily @equalityla @LaEqualityCase pic.twitter.com/Rt5ryBPquc

— Equality Case Files (@EQCF) July 2, 2015

Louisiana Gov. Bobby Jindal has dragged his feet using every tiny possible excuse to avoid allowing the rulings of SCOTUS and the Fifth Circuit Court on marriage equality.

The latest excuse last night was that the state would not recognize same-sex marriages until the original ruling by the district court was rescinded.

The Fifth Circuit set a deadline of July 17th to act, BUT the district court moved on it.

From the ruling:

IT IS ORDERED that this Court's Order and Reasons and the accompanying Judgment dated September 3, 2014, are hereby recalled and rescinded; IT IS FURTHER ORDERED that Article XII, Section 15 of the Louisiana Constitution, Article 89 of the Louisiana Civil Code, and laws enacted pursuant thereto, violate the Fourteenth Amendment to the United States Constitution and may not be enforced against the Plaintiffs or any other same-sex couple; IT IS FURTHER ORDERED that Article XII, Section 15 of the Louisiana Constitution, Article 3520(B) of the Louisiana Civil Code, and laws enacted pursuant thereto, violate the Fourteenth Amendment to the United States Constitution and may not be enforced against the Plaintiffs or any other same-sex couple.

New Orleans Advocate says that as of Noon today all Louisiana Parishes are issuing marriage licenses to same-sex couples.

And - DONE.

Louisiana: State Senator Karen Carter Peterson Rips Gov. Jindal A New One

After Gov. Bobby Jindal's "top legislative agenda" failed to make it out of committee (another "Religious Freedom" law), the governor decided to issue an executive order “that will accomplish the intent of HB 707 to prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

This did not go over well in Louisiana. The governor's negative job rating has dropped all the way down to 64.7%.

But the best part of the story is this blistering speech from the floor of the state Senate by Sen. Karen Carter Peterson.

Ms. Peterson does NOT hold back in her opinion. I like this woman. Watch below:

Louisiana: Gov. Bobby Jindal Plans Executive Order On "Religious Freedom"

Earlier today, the Louisiana state House failed to advance Gov. Bobby Jindal's HB 707 on a vote of 10-2. The bill is similar to other states' "Religious Freedoms" legislation that has become synonymous with anti-gay animus.

In a statement this afternoon, Jindal says he will issue an executive order that will do what his failed bill might have done:

"We are disappointed by the committee’s action to return the Louisiana Marriage and Conscience Act to the calendar.

"We will be issuing an Executive Order shortly that will accomplish the intent of HB 707 to prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.

"This Executive Order will prohibit the state from denying or revoking a tax exemption, tax deduction, contract, cooperative agreement, loan, professional license, certification, accreditation, or employment on the basis the person acts in accordance with a religious belief that marriage is between one man and one woman."

Jindal plans to announce a 2016 run for the GOP presidential nomination on June 11th.

Louisiana Teen Will Be Allowed To Wear Tux To Her Prom

If this wasn't the silliest thing to get upset about.

Last week, Claudetteia, 17, was told by Carroll High School Principal Taylor that she would not be allowed to attend her prom in Monroe, Louisiana, if she wore a tuxedo.

Seriously, who cares if a teenage girl wants to wear a tux. Didn't Diane Keaton win an Oscar in 1977 for Annie Hall wearing men's suits? And didn't that start a huge fashion trend?

Geraldine Jackson, Claudetteia’s mother, met with Principal Taylor to discuss this further and was reportedly told that “girls wear dresses and boys wear tuxes, and that’s the way it is.”

Principal Taylor also reportedly claimed that approximately half of the faculty scheduled to work at the prom would refuse to chaperone if Claudetteia were permitted to wear a tuxedo.

Claudetteia and several of her friends originally planned on attending the prom together, but, because of the school’s refusal to allow Claudetteia to wear a tuxedo, have opted not go to the prom unless the school changes its discriminatory policy.

The negative response against Principal Taylor’s decision was swift. Two members of the Monroe County Board of Education, which oversees Carroll High School, vowed to ensure that Claudetteia would be allowed to wear a tuxedo to her prom.

Yesterday,  Principal Patrick Taylor and Monroe City School Board President Bishop Rodney McFarland Sr. contacted Claudetteia Love, who is being represented by the National Center for Lesbian Rights (NCLR), to inform her that she will be allowed to wear a tuxedo to her senior prom on April 24.

“We are pleased to hear that Principal Taylor and the Monroe City School Board corrected this wrong before any serious harm was done. Forbidding girls from wearing a tuxedo to the prom would have served no purpose other than to reinforce the worst sorts of harmful stereotypes and censor a core part of Claudetteia’s identity,” said NCLR Executive Director Kate Kendell. “The school is doing the right thing by supporting its students and teaching them the value of respect and acceptance of one another’s differences.”

(via press release)

SCOTUS Says "No" To Louisiana Marriage Equality Review

The US Supreme Court rejected a request from same-sex couples to review a Louisiana decision against the freedom to marry today.

The decision not to hear the Louisiana case was not unexpected as gay rights advocates had sought to skip the regular judicial process by seeking Supreme Court review before the case had been decided by an appeals court. Gay rights advocates representing the Louisiana plaintiffs said in court papers there is a “pressing need” to resolve the issue once and for all.

The 5th U.S. Circuit Court of Appeals in New Orleans, which has jurisdiction over the state of Louisiana, heard arguments in the case on Friday and has not yet ruled. The same court is also weighing challenges to bans in Texas and Mississippi.

Louisiana: Bill Cassidy Trumps Sen. Mary Landrieu In Final Election of 2014

BREAKING: Cassidy defeats Landrieu in Louisiana Senate race, bolstering GOP majority in new Senate.
— The Associated Press (@AP) December 7, 2014

MORE: Republican Bill Cassidy defeats Democratic Sen. Mary Landrieu to push GOP majority to 54 seats: http://t.co/90hPTSlNkD
— The Associated Press (@AP) December 7, 2014

It was a foregone conclusion, but with Bill Cassidy's official win over 3-term Democratic Sen. Mary Landrieu, the official gain for Republicans in the US Senate is brought to a total of nine.

This gives Republicans a 4 seat majority.

Lambda Legal Requests SCOTUS Review Of Louisiana Same-Sex Marriage Ruling

Lambda Legal, along with Forum for Equality Louisiana, have filed a request for review of the September US District Court ruling which upheld Louisiana's anti-gay marriage law.

Via press release:

The groups are seeking U.S. Supreme Court review in advance of the hearing in the case, Robicheaux v. Caldwell, before the U.S. 5th Circuit Court of Appeals scheduled for January.

“The ruling from the lower court in this case is a time-warped reading of the Constitution and neglects developments in the law, including since the Supreme Court’s decision in Windsor,” said Lambda Legal Senior Counsel Kenneth D. Upton, Jr. “We have seen a blizzard of well-reasoned rulings in recent months holding similarly discriminatory bans unconstitutional, including rulings out of the Fourth, Seventh, Ninth and Tenth Circuits Courts of Appeal. We are asking for the Supreme Court’s review now while it is considering the Sixth Circuit decision because together these cases present the full gamut of aberrant arguments supporting these discriminatory bans, and, in Louisiana specifically, present in one state a case covering both the right of same-sex couples to marry, and for legally married same-sex couples to have those marriages recognized.

Louisiana: State Judge Rules Ban on Same-Sex Marriage Unconstitutional

According to KLFY News in Layfayette, Louisiana, a state judge has ruled in favor of marriage equality saying the state's current ban on same-sex marriage is unconstitutional on the basis that the law violates due process clause of 14th amendment, equal protection clause of 14th amendment, and the full faith and credit clause of the constitution.

From Freedom To Marry:

The case, In Re Costanza and Brewer, was filed in 2013 on behalf of Angela Marie Costanza and Chastity Shanelle Brewer, who are raising their 10-year-old son in Lafayette. The case sought respect for Angela and Chastity's marriage license; since Louisiana did not respect their marriage, one mother was not permitted to legally adopt her son.

The ruling today grants the second-parent adoption and affirms that the Louisiana amendment violates the due process and equal protection clauses of the 14th Amendment.

The ruling today comes just three weeks after U.S. District Judge Martin Feldman became the first federal judge since June 2013 to uphold marriage discrimination, when he ruled in Robicheaux v. Caldwell in favor of marriage discrimination in Louisiana. Judge Rubin's order today is a swift rebuttal of the out-of-step decision in Robicheaux and is another demonstration that America - all of America - is ready for the freedom to marry.

This marks the 40th ruling in support of marriage equality since the SCOTUS ruling in Windsor in June of 2013.

Of course, you can expect today's ruling to be appealed.

Louisiana: Federal judge rules against marriage equality for first time since Jun 2013

Today, U.S. District Court Judge Martin Feldman has become the first federal judge since June of 2013 to rule against marriage equality in a case filed in Louisiana regarding the state's ban on same-sex marriage.

From Judge Feldman's ruling:

“It would no doubt be celebrated to be in the company of the near-unanimity of the many other federal courts that have spoken to this pressing issue, if this Court were confident in the belief that those cases provide a correct guide.”

Feldman maintained that there is no "fundamental right" to marriage:  “Public attitude might be becoming more diverse, but any right to same-sex marriage is not yet so entrenched as to be fundamental.”

Chris Geidner from Buzzfeed points to this from Judge Feldman:

This Court is persuaded that Louisiana has a legitimate interest…whether obsolete in the opinion of some, or not, in the opinion of others…in linking children to an intact family formed by their two biological parents, as specifically underscored by Justice Kennedy in Windsor.

Despite the decision he authored, Feldman noted that “many other courts will have an opportunity to take up the issue of same-sex marriage; courts of appeals and, at some point, the U.S. Supreme Court. The decision of this Court is but one studied decision among many.”

Evan Wolfson of Freedom To Marry issued this statement: "We've won nearly all of the 40 state and federal marriage cases this year. Today's Louisiana loss is a reminder that we're not done. The loss is why couples should not have to fight state by state, case by case, year by year. It's time for the Supreme Court to rule nationwide."

Louisiana: Federal judge doesn't need any more briefs to reach ruling

A federal judge in Louisiana says he doesn't need any more briefs or arguments to make his decision in a same-sex marriage case.

From The Republic:

U.S. District Judge Martin Feldman has already heard arguments regarding Louisiana's refusal to recognize the unions of gay couples legally married in other states. At the end of that hearing he asked for briefs on related issues — including whether the state's refusal to let same-sex couples marry in Louisiana is constitutional. Feldman said he didn't want to make a piecemeal ruling on the gay marriage issue.

Feldman this week issued an order stating that he has studied the briefs in the case and found that no further briefs or arguments are needed. He gave no indication when he will rule.

Louisiana votes to keep unconstitutional sodomy ban

From Yahoo News:

The Louisiana House of Representatives voted not to remove the state's sodomy ban today, even though it was declared unconstitutional by the U.S Supreme Court in 2003 and cannot be used to arrest people. The 66-27 vote was overwhelmingly against getting rid of the ban.

The New Orleans Times-Picayune explains that a conservative religious lobbying group led the charge to keep the "crime against nature" law -- which, again, isn't even a real law anymore -- on the books, sending letters to all members of the House saying the unenforceable law is somehow protecting young people from sexual predators and public health risks.

"Louisiana's anti-sodomy statute is consistent with the values of Louisiana residents who consider this behavior to be dangerous, unhealthy and immoral," the letter said, apparently not mentioning that the statute is not consistent with the Constitution and that the East Baton Rogue sheriff's department was forced to apologize for trying to use it to arrest gay men last year.

It is currently legal in Louisiana to have intercourse with a corpse.

However, receive a blowjob from a consenting adult? Technically a felony and punishable by five years in prison.

LGBT author/activist Dan Savage thinks there are some questions to be posed...