Idaho Man Arrested On Hate Crime Charges After Screaming Racist/Homophobic Slurs At Church Kids

Richard Sovenski of Idaho

File this under 'Today in Trump Nation.'

A group of church kids from Spokane, Washington, on a field trip to Idaho were accosted by a man identified as Richard Sovenski at a McDonalds restaurant as they stopped for ice cream.

From The Inlander:

A group of high schoolers from a Spokane youth group traveled to Coeur d'Alene last Thursday to hear a guest preacher. Afterward, the group's leader, Jose Ceniceros, took them out for ice cream at McDonald's.

As the group was getting ready to leave Sovenski started hurling racial slurs and profanity at them, Ceniceros says. A woman, who was standing with Sovenski, later told police that the kids were "being rude, dancing and running around causing a disturbance."

Ceniceros disputes this, and says as they approached the door to leave Sovenski sucker punched Ceniceros and threw him to the ground. Ceniceros began recording Sovenski with his cell phone once they were outside and has shared the video with the Inlander.

“Fuck you, you fucking half-breeds! Get the fuck out of Idaho!” Sovenski is shown saying on video.

“You got a fucking problem, I’m your fucking guy!” he adds. “I will fuck you up in a fucking heartbeat, you little faggot!”

At one point, one of the youth group can be heard saying, “That’s why I don’t come to Idaho,” to which Sovenski screams back, “Yeah! That’s why you don’t come to Idaho! We’re real fucking men here, you bitch!”

Here's the video - warning: VERY strong language.

The man accompanying Sovenski, who grabs his genitals at the end of the video, is apparently Sovenski's son.

The local NBC affiliate reports that in interviews with investigators, Sovenski's wife says she was worried the children might have bumped into her as she'd recently undergone shoulder surgery.

For Sovenski's part, he told investigators that he didn't so much 'punch' Ceniceros as 'pushed' him and that the church youth leader must have "tripped over his own feet."

Sovenski said he used the strong language to "get the upper hand" in the argument, and believing the comments would "get under their skin."

And it's now garnered a hate crime charge with video evidence.

Richard Sovenski (R) charged with hate crime in Idaho

Ninth Circuit Denies Idaho Governor's Request For En Banc Review Of Marriage Equality Ruling

As Idina Menzel might say to Idaho Gov. Butch Otter: "Let it go."

In the wake of same-sex marriage coming to Idaho due to a ruling by the 9th Circuit Court of Appeals, Gov. Otter asked the 9th to take another look at the case, this time by a larger panel of judges.

They said "no."

Via press release from the National Center For Lesbian Rights:

On October 7, 2014, a panel of Ninth Circuit judges ruled 3-0 that Idaho’s and Nevada’s bans on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection.

On October 9, 2014, the Supreme Court rejected a request by Idaho officials to stay the Ninth Circuit’s judgment, clearing the way for marriages to begin.

Same-sex couples began marrying in Idaho on Wednesday, October 15, 2014.

The Governor of Idaho asked for review of the panel decision by a larger panel of Ninth Circuit judges.

Today’s order denied that request.

The text of the ruling is as follows:

"The panel has voted to deny the petitions for rehearing en banc. The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R. App. P. 35. The petitions for rehearing en banc are denied."

Idaho Ordered To Pay Pro-Same-Sex Marriage Legal Team Over $400K

A federal judge in Idaho has ruled that the state must pay the lawyers that successfully fought to overturn the ban on same-sex marriage over $400,000 in legal fees.

From the Idaho Statesman:

"Simply put, the case was neither easy nor ordinary," Dale wrote. "It is therefore not surprising that plaintiffs employed a team of experienced attorneys to divvy up the many legal tasks."

While Gov. Butch Otter and his legal team didn't dispute that the state should pay the lawyers' fees, they did argue that the lawyers took too much time communicating with one another and charged too much in hourly fees. State lawyers argued the amount, therefore, should be cut in half to $204,049.

Dale disagreed, saying that the complexity of the case warranted frequent communication and extra time to prepare for court appearances.

"Whatever this case lacked in procedural complications or disputed issues of material fact, it surely made up in legal complexity," Dale wrote. "After all, the case involved constitutional issues of first impression not only in Idaho, but in all district courts in the Ninth Circuit."

Same-sex marriage has been legal in Idaho since October 15th of this year when the 9th Circuit Court of Appeals upheld Judge Dale's ruling striking down the marriage ban.

Since late October, Governor Otter has spent over $80,000 in legal fees preparing for further appeals.

In that marriage equality is here to stay, if I were a citizen of Idaho I'd be mad at the Gov for wasting tax payer money on an issue that's settled law.

But hey, maybe that's just me...

Idaho ACLU and City of Coeur D'Alene Say Wedding Venue Not In Violation Of Non-Discrimination Ordinance

The Hitching Post, a Coeur d'Alene wedding chapel in Idaho, has been the center of a fake controversy this week seeming to pit LGBT non-discrimination ordinances versus anti-gay religious beliefs.

The city of Coeur d'Alene and the Idaho ACLU have issued statements saying the venue would not be violating the city's nondiscrimination laws should they decline to officiate a same-sex marriage, but the anti-gay Alliance Defending Freedom is killing itself to keep the story alive.

From Boise State Public Radio:

Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d'Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.

“After we've looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

Court filings show the Hitching Post reorganized earlier this month as a “religious corporation.” In the paperwork, the owners describe their deeply held beliefs that marriage should be between one man and one woman.

Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies.

“However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It's the religious activity that's being protected."

See, what happened was, quietly on October 6th, the owners of the venue changed the wording of the "purpose" of their LLC in preparation of all these shenanigans. Prior to a few weeks ago, the Hitching Post performed non-religious marriage ceremonies. BUT, that wouldn't make for as good a story as a "religious corporation" would. Check the new language on the company's business operating agreement:

“The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers."

So, the point is - civil weddings are fine with the Knapps. Other religions ceremonies are fine with the Knapps. It's the gays they have a problem with.

Even the group that helped draft the non-discrimination ordinance language - the Kootenai County Task Force on Human Relations - has issued a statement to the mayor and city council that the Knapps fall under the religious exemption in the law.

But the thing is, the anti-gay groups WANT there to be a controversy so they can point their fingers and say "See? We told you religious folks would be persecuted!" The Alliance Defending Freedom keeps perpetrating the idea that at least one same-sex couple has tried to get the owners of The Hitching Post to marry them. Except, that hasn't happened.

So, no one is being persecuted.

Fake story. Fake controversy.

Let's Check The Facts About Anti-Gay Idaho Wedding Venue "The Hitching Post"

Click to enlarge

The extreme right-wing, anti-gay folks like Bryan Fischer are promoting Idaho's The Hitching Post as a "victim" of pro-gay policies with the arrival of same-sex marriage to the state.

Coeur D'Alene is one of the few cities in Idaho which include sexual orientation in it's nondiscrimination laws regarding public accommodation. In other words, if you are a public business, you can't refuse service to gays and lesbians based on their sexual orientation.

Churches and religious organizations operating as 501(C)3s are exempt from the law. The Hitching Post is not one of those organizations.

The story the haters would like you to buy is that the wedding venue has been "threatened" with jail time and fines for refusing to perform same-sex marriages.

The FACTS are:

• No one has asked the venue to perform a same-sex marriage
• No one has filed a complaint against the venue
• The Hitching Post is not a church; it is a FOR-PROFIT wedding business
• The "ministers" of the venue are ordained for the purpose of performing weddings; they do have "minister" to any congregation or flock
• No one has ordered anyone at the venue to do anything

But if you listen to the Bryan Fischers and Tony Perkins of the world, the two "ministers" of The Hitching Post are about to be drawn and quartered. Take a look at this recent tweet from Bryan Fischer:

Let's not forget: Couer D'Alene is STILL determined to lock up politically incorrect pastors for 180 days.
— Bryan Fischer (@BryanJFischer) October 22, 2014

Coeur D'Alene City Spokesman Keith Erickson has publicly stated, "We have never threatened to jail them, or take legal action of any kind."

Facts, kids. Follow the facts.

(via JMG)

Idaho Gov. Butch Otter To Petition 9th Circuit Court for En Banc Re-hearing of Same-Sex Marriage Case

Idaho Gov. Butch Otter (do you love that name or what?) announced today that he's filing a petition with the 9th Circuit U.S. Court of Appeals for an en banc re-hearing of Idaho's same-sex marriage case.

From the Spokesman-Review:

“I will continue defending Idahoans’ self-determination and the will of Idaho voters who decided that traditional marriage is a core principle of our society,” Otter said in a statement. He said his office will file the petition later today.

An en banc review at the 9th Circuit, because the circuit is so large, would mean that a larger 11-judge panel would re-hear the case, after a three-judge panel made the decision earlier. In smaller circuits, an en banc review is a rehearing by the full court. Otter and Idaho Attorney General Lawrence Wasden earlier requested that 9th Circuit assign a full 11-judge panel to hear Idaho's case in the first place, rather than a three-judge panel; that request was denied.

Meanwhile, county clerks began issuing marriage licenses to same-sex couples on October 15th. By the time any appeal reaches any court, hundreds of gay and lesbian couples will be married. Can I see a show of hands of the folks who want to tell those couple's children they won't be a legal family anymore?

Interestingly, Attorney General Lawrence Wasden is not a party to Otter's petition. But in a statement from his spokesman, Todd Dvorak, Wasden stated that he does plan to file an appeal directly to the U.S. Supreme Court in the coming weeks.

Pat Robertson: Onslaught Of "Homosexual Behavior" Is Being Forced On US

Strange, I don't remember forcing anyone to have sex with me...

The increasingly erratic Pat Robertson says that the SCOTUS decision to not review same-sex marriage appeals is forcing an "onslaught of homosexual behavior" on the United States.

The clip below then goes into a report about a business in Coeur d’Alene, Idaho, which performs civil marriage ceremonies. The business has apparently refused to perform same-sex marriages even though marriage equality is the law of the land in Idaho now.

Being a "for-profit" business and not a church, the Hitching Post cannot claim "religious exemption" from the city public accommodation law which says businesses can't discriminate against LGBT folk.

Watch Pat run off the rails again as he tells the owners of the business to get out of Idaho.

Video Montage As Marriage Equality Comes To Idaho

Set to the fab Sara Bareilles' "I Choose You" - check out the shiny happy people who were among the first in Boise, Idaho to exercise their freedom to marry.

Congrats kids! Happy Dance Time!

(h/t JMG)

Same-Sex Marriage Begins In Idaho!

This just makes my day.

Congratulations Idaho!

Couples getting married outside the courthouse #idpol pic.twitter.com/FhtAwF34vv
— Kimberlee Kruesi (@kkruesi) October 15, 2014

Amber and Rachel. Among first with same sex marriage license. pic.twitter.com/rNS1pGGPjc

— Karen Zatkulak (@KTVBKaren) October 15, 2014

One of the first same-sex marriage licenses issued in Idaho. Note the Spouse/Spouse section at the top. #idpol pic.twitter.com/1cXc57UWMo

— Scott Graf (@ScottGrafRadio) October 15, 2014

#MarriageEquality is official in #idaho. Huge crowd outside courthouse. #ssm #idpol pic.twitter.com/g3mvM9Fi9f

— Christina Marfice (@IPTchristina) October 15, 2014

Idaho Gov. Butch Otter Throws In The Towel On Same-Sex Marriage

Gov. Butch Otter has issued a statement acknowledging his state has run out of options and same-sex marriage will begin in Idaho beginning tomorrow morning at 10AM MDT.

“The 9th U.S. Circuit Court of Appeals has issued its mandate for enforcement of decisions overturning the Idaho Constitution’s prohibition on same-sex marriage effective at 10 a.m. MDT, 9 a.m. PDT on Wednesday, October 15.

"I continue to believe that the federal courts are mistaken in abandoning the sanctity of traditional marriage and in undermining the will of Idaho voters and each state’s right to define marriage. But we are civil society that respects the rule of law. We have done all we can through the courts for now to defend traditional marriage in Idaho.”

You'll note the use of "for now" in that last sentence.

Idaho Attorney General Lawrence Wasden’s spokesman, Todd Dvorak, told BuzzFeed News, “Attorney General [Wasden] currently has no plans for filing any legal challenge today or tomorrow.”

Idaho: Ninth Circuit Lifts Stay Of Same-Sex Marriage Ruling

BREAKING #9thCircuit just lifted the stay on marriage equality in #Idaho--the result of our case. Couples can begin marrying 9 a.m. MT Wed
— NCLR (@NCLRights) October 13, 2014

Correction: Same-sex couples can begin marrying in Idaho at 9 a.m. PT on Wednesday!
— NCLR (@NCLRights) October 13, 2014

Yo! Yo! Yo! Idaho Has Marriage Equality In The House

From the National Center for Lesbian Rights:

Today, the Supreme Court of the United States rejected a request by State of Idaho officials to put on hold the federal appeals court decision that struck down as unconstitutional Idaho’s laws prohibiting marriage by same-sex couples.

The Supreme Court’s decision allows the United States Court of Appeals for the Ninth Circuit to enter an order allowing its October 7th decision in the Idaho case to go into effect. Upon entry of such an order by the Ninth Circuit, the State of Idaho would be required to issue marriage licenses to same-sex couples immediately.

On October 7th, the Ninth Circuit ruled 3-0 that Idaho’s ban on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection. Later that day, the Ninth Circuit ordered that its decision take effect immediately, which would have required Idaho to begin issuing marriage licenses the following morning.

On October 8th, United States Supreme Court Justice Anthony Kennedy temporarily stayed the Ninth Circuit’s decision in response to a request by State of Idaho officials to keep that decision from taking effect while the state officials either ask for further review of the case by a larger panel of Ninth Circuit judges or ask the Supreme Court to review the case.

Today’s decision by the Supreme Court rejected that request and cleared the way for the Ninth Circuit to enter an order allowing its decision to take effect.

(h/t JMG)

Nevada: Same-Sex Marriage To Begin At 2PM Today

My state! My state! My state!

Per Jon Ralston of the Ralston Report, in light of yesterday's ruling by the 9th Circuit Court same-sex marriage Clark County Clerk Diana Alba will begin issuing marriage licenses to same-sex couples today at 2pm.

There is one waiting period in Nevada.

On the other side of the 9th Circuit ruling, Idaho Gov. Butch Otter has requested and received a stay on the same-sex marriage ruling for his state as he prepares for appeal by asking for a review en banc, or a review by the entire 9th Circuit Court.

Supreme Court Justice Kennedy (who oversees requests from the 9th Circuit) agreed to the stay with minutes to spare as Ada County Clerk Chris Rich was planning to begin issuing licenses this morning at 8AM.

UPDATE: It appears Idaho's request for stay also affects Nevada since the two cases were heard in tandem. So Justice Kennedy's stay puts same-sex marriage in Nevada on hold for now. Boo!

From Chris Geidner at Buzzfeed:

Although the application seeking the stay only came from Idaho officials, Kennedy's order issuing a stay includes the 9th Circuit case numbers of both the Idaho and Nevada cases. From the language of Kennedy's order, then, the rulings as to both Idaho and Nevada are on hold for now.

It was not immediately clear why Kennedy's order referenced the Nevada case number, although a Tuesday decision from the 9th Circuit might be why. On Tuesday, in a brief order issued just prior to the release of its decision striking down both states' bans, the 9th Circuit stated, "These cases are consolidated for purposes of disposition." As such, all of the orders — including the mandate — issued in the two states' cases were handled in a single order each time on Tuesday, meaning there was only one mandate issued as to both states' cases.

Democrats Congratulate Nevada & Idaho on Marriage Equality

Yes! #loveislove pic.twitter.com/gWvYG38PD6

— The Democrats (@TheDemocrats) October 7, 2014

Funny, for a "big tent" party I don't see any congrats from the Republicans...

HUGE NEWS! 9th Circuit Court of Appeals Rules Nevada & Idaho Marriage Bans Unconstitutional

Via press release from the National Center for Lesbian Rights:

Today’s decision, written by Judge Stephen Reinhardt, holds that “Idaho and Nevada’s marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states.”

The decision further states: “Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’ In any event, Idaho and Nevada’s asserted preference for opposite-sex parents does not, under heightened scrutiny, come close to justifying unequal treatment on the basis of sexual orientation.”

The Idaho case was brought in November 2013 by four same-sex couples: Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson. The couples are represented by Idaho attorneys Deborah Ferguson and Craig Durham of Ferguson Durham LLP and the National Center for Lesbian Rights (NCLR). On September 8th, Ferguson argued before Ninth Circuit Judges Stephen Reinhardt, Marsha S. Berzon, and Ronald M. Gould that Idaho’s laws that ban marriage equality and prohibit the state from respecting the marriages of same-sex couples who married in other states violate the U.S. Constitution. The Idaho case was consolidated for purposes of the decision with Sevcik v. Sandoval, a case challenging Nevada’s marriage ban brought by same-sex couples represented by Lambda Legal.

9th Circuit Court of Appeals oral arguments end

From Buzzfeed's über-fab legal eagle on LGBT issues, Chris Geidner:

9th Circuit marriage cases are done. Plaintiff same-sex couples in ID & NV will succeed, likely 3-0 on equal protection grounds.
— Chris Geidner (@chrisgeidner) September 8, 2014

Oral arguments in 9th Circuit Court today for Idaho, Nevada and Hawaii

Today at 1pm Pacific time, the 9th Circuit Court of Appeals will hear oral arguments regarding marriage equality for Idaho, Nevada (my home state), and Hawaii.

You can watch via YouTube below or by going to www.ca9.uscourts.gov and clicking the website’s link, “Live Oral Arguments.”

Idaho will get a full hour (equally split for both sides) for oral arguments.  Nevada will follow with 30 minutes total, and then Hawaii will have 20 minutes to make each side's case.

If you want to follow the Twitter conversation, look for hashtag #9thCircuit

Ninth Circuit panel selected for marriage equality cases in Hawaii, Nevada and Idaho

According to Equality Case Files, the three-judge panel selected for next week's 9th Circuit Court of Appeals hearings on marriage equality bode well for the good guys.

The Nevada, Idaho and Hawaii cases will be heard consecutively next Monday, September 8th beginning at 4pm in San Francisco.

9th Circuit panel for #NV, #ID, #HI marriage cases announced: REINHARDT, GOULD and BERZON @LambdaLegal @NCLR @EqualityNevada
— Equality Case Files (@EQCF) September 1, 2014

Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force.
— Equality Case Files (@EQCF) September 1, 2014

Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny). #9thCircuit #ssm
— Equality Case Files (@EQCF) September 1, 2014

All judges on 9th Circ panel for ID HI & NV marriage cases have supported heightened scrutiny for sexual orientation discrimination @EQCF
— Dr. Gregory Herek (@DrGregoryHerek) September 1, 2014

Idaho: No "en banc" hearing at 9th Circuit Court for same-sex marriage ban challenge

The Ninth Circuit Court of Appeals has turned down Idaho’s request to hear Latta v. Otter, the challenge to the state’s same-sex marriage ban, with a panel of eleven judges.

The state asked the court for an initial en banc hearing; in most circuit courts, that would mean all of the judges in the circuit, but since the Ninth Circuit is so large, en banc review consists of a panel of eleven judges.

Latta will be heard on September 8 along with cases from Hawaii and Nevada. Each side in the Idaho case will have 30 minutes, while each side in the Nevada case, Sevcik v. Sandoval, will have 15 minutes, and each side in Jackson v. Abercrombie, the Hawaii case, will have 10 minutes.

(from Equality On Trial)

Idaho: Gov. Butch Otter requests Ninth Circuit Court 11-judge panel to review same-sex marriage ruling

Idaho Gov. Butch Otter

Gov. Butch Otter of Idaho has filed a request with the Ninth Circuit Appeals Court to hear his state's appeal regarding the recent same-sex marriage ban's repeal to be heard by a full 11-judge panel instead of the usual 3-judge panel.

From the Spokesman.com:

“Because the marriage issue is so passionately contested and so divisive among the citizenry, the perception of the legitimacy of this court’s resolution of it must be of paramount concern,” attorneys for the governor argue in their motion. “A decision by an 11-judge panel stands far higher and stronger than does a decision by a three-judge panel, just as a decision by a three-judge panel stands far higher and stronger than does a decision by a single judge.”

U.S. Magistrate Judge Candy Dale last month overturned Idaho’s constitutional ban on same-sex marriage, saying it violated the U.S. Constitution’s guarantees of equal protection and due process; four Idaho couples had sued, saying their constitutional rights were violated by the state not allowing them to marry or not recognizing their legal marriages from other states.

The appeal was immediately filed with the Ninth Circuit Court when the initial ruling was issued. However, it is unusual to go directly to a full "en banc" hearing. Normally, an appeal works it's way through a 3-judge panel, and then to "en banc" as an appeal or directly to the US Supreme Court.

The Ninth Circuit Court has ordered that the case be handled swiftly, with briefing over the summer and arguments in the second week of September.