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Louisiana agrees Supreme Court should review marriage ban

State says lawsuit unique because district court upheld ban on gay nuptials

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James Buddy Caldwell, gay news, Washington Blade, Louisiana
James Buddy Caldwell, gay news, Louisiana, Washington Blade

Louisiana Attorney General James “Buddy” Caldwell wants the Supreme Court to review Louisiana’s ban on same-sex marriage. (Photo courtesy of the Office of the Attorney General of Louisiana)

The attorney general for Louisiana signaled Tuesday he agrees the Supreme Court should review litigation challenging his state’s ban on same-sex marriage, but to rule in favor of the constitutionality of such laws throughout the country.

In a 22-page brief, Louisiana Attorney General James “Buddy” Caldwell and other state lawyers urge justices to take up the case, Robicheaux v. George, before the U.S. Fifth Circuit Court of Appeals issues judgment on the litigation.

The filing from the attorney general responds to a request from the LGBT legal group Lambda Legal, which is co-counsel in the case for plaintiff same-sex couples, calling on the Supreme Court to review the litigation even before judgment is rendered by the Fifth Circuit.

But while that petition calls on the Supreme Court to reverse a decision from U.S District Judge Martin Feldman, one of two federal district judges who determined bans on same-sex marriage are constitutional against a sea of others who struck down such laws, Caldwell maintains Feldman’s ruling could serve as a basis for justices to uphold bans on same-sex marriage.

“The Court’s resolution of the conflict may well hinge on the degree to which Windsor affirmed the authority of States to decide whether to adopt same-sex marriage,” Caldwell writes. “Robicheaux powerfully suggests that the contrary federal rulings get Windsor’s teaching exactly backwards.”

The Louisiana petition is one from among five others from other states — Michigan, Ohio, Tennessee, Kentucky and Louisiana — seeking Supreme Court of review of state bans on same-sex marriage.

Adam Romero, federal legal director for the University of California, Los Angeles, said the Supreme Court may well accept the Louisiana case, but noted each of the lawsuits now pending before the court call for review of court decisions upholding bans on same-sex marriage. The U.S. Sixth Circuit Court of Appeals upheld marriage bans in Michigan, Ohio, Kentucky and Tennessee.

“While the fact that the district court upheld Louisiana’s ban may give the Justices more reason to grant cert – if they are inclined to reverse such a decision – all of the pending petitions are from decisions upholding state marriage bans, so Louisiana is like Michigan, Ohio, Kentucky, and Tennessee in this regard,” Romero said.

The Fifth Circuit is already scheduled to consider the Louisiana litigation during oral arguments on Jan. 9, the same day as arguments for a lawsuit seeking marriage equality in Texas. Plaintiff same-sex couples in the Mississippi case, for which the Fifth Circuit also has jurisdiction, have requested the court hear that lawsuit on the same day.

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Congress

Kevin McCarthy ousted as House speaker

Matt Gaetz led effort against Calif. Republican

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Now former U.S. House Speaker Kevin McCarthy (R-Calif.) (Washington Blade photo by Michael Key)

A motion to declare the chair vacant submitted by U.S. Rep. Matt Gaetz (R-Fla.) to oust House Speaker Kevin McCarthy (R-Calif.) succeeded on a 216-210 vote Tuesday after an at times contentious debate between House Republicans on the floor.

The last to vote in the full order of the roll call was McCarthy, who voted against the motion to remove him from his post. U.S. Rep. SteveĀ Womack (R-Ark.), who chaired the proceedings, declared the speaker vacant after the House chamber went silent, after it had asked if anyone wishes to change their vote, then read off the tally submitted by the clerk.

U.S. Rep. Patrick McHenry (R-N.C.), a close McCarthy ally, will serve as speaker pro tem, or as temporary acting speaker.

With a sharp bang of the gavel, he declared the chamber in recess.

This is a historic action by the House as never before has a House speaker successfully been voted out of the chair. The last time the House had a vote to oust the speaker was in 1910.

The vote that year stemmed from angst among progressive Republicans that the speaker at the time, Joseph Cannon, a conservative known as ā€œUncle Joe,ā€ refused to bring progressive legislation to the floor for a vote.

The House Cannon Office Building, which was completed in 1908 and isĀ the oldest congressional office building — a significant example of the Beaux Arts style of architecture is named for Cannon,Ā who had served as House speaker.Ā 

Earlier Tuesday afternoon the chamber voted 208-218 with Democrats supporting a motion to table Gaetz’s resolution to oust McCarthy, setting the stage for a vote on whether McCarthy should remain in the top spot. Democratic leadership had told reporters earlier that their conference would be united in an effort to remove the House speaker.

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Congress

Laphonza Butler sworn in as California’s newest senator

Former vice president advisor will succeed Dianne Feinstein

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U.S. Sen. Laphonza Butler (D-Calif.), left, with her wife, Neneki Lee, at the U.S. Senate on Oct. 3, 2023. (Washington Blade photo by Michael Key)

Vice President Kamala Harris on Tuesday swore in Democrat Laphonza Butler as California’s newest U.S. senator during a ceremony at the U.S. Capitol.

The first Black lesbian to serve in the Senate, Butler was president of the nation’s largest organization dedicated to electing women to public office, EMILY’s List, and previously was a senior advisor to the vice president during her 2020 bid for the Oval Office.

Harris, the country’s first woman vice president as well as the first Black and South Asian person to serve in that role, also made history with her tenure as attorney general and then senator for California.

Democratic California Gov. Gavin Newsom appointed Butler to fill the vacancy caused by the death, on Friday, of U.S. Sen. Dianne Feinstein, who had represented the state in the upper chamber since 1992.

Per the terms of her appointment, Butler will be eligible to run for the seat during next year’s elections, in which case she would face competition from three high profile Democrats now representing California in the House: U.S. Reps. Barbara Lee, Katie Porter and Adam Schiff.

Newsom in 2021 pledged that he would appoint a Black woman to Feinstein’s seat. Lee, so far the only Black woman among the declared candidates, congratulated Butler in a statement in which the congresswoman said she is ā€œsingularly focused on winningā€ her Senate campaign.

California ā€œdeserves an experienced senator who will deliver on progressive priorities,” she said. “That’s exactly what I’m running to do.”

Consistent with her work in progressive politics, Butler was previously a labor leader with Service Employees International Union, SEIU, the powerful union where her wife, Neneki Lee, serves as director of the Public Services division.

Human Rights Campaign President Kelley Robinson and Claire LucasĀ and Judy Dlugacz were among those who attended the swearing in alongside Butler’s wife.

Senate Majority Leader Chuck Schumer (D-N.Y.) and U.S. Sen. Alex Padilla (D-Calif.) escorted Butler into the chamber. Lee and Schiff were among those who attended the ceremony.

“It’s a good day,” Lucas told the Washington Blade as she left the chamber.

Michael K. Lavers contributed to this story.

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District of Columbia

Anacostia group honors LGBTQ advocate Pannell for 30 years of service

Oct. 5 celebration set for Ward 8 Sycamore & Oak retail village

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Phillip Pannell (Washington Blade file photo by Michael Key)

The Anacostia Coordinating Council (ACC), an advocacy organization for D.C.’s Anacostia neighborhood and surrounding areas east of the Anacostia River, is holding a celebration honoring LGBTQ rights and Anacostia community activist Phillip Pannell for his 30 years of service with the ACC.

The event was scheduled to take place from 6-8 p.m. on Thursday, Oct. 5, at the recently opened Sycamore & Oak retail village mall on the St. Elizabeth’s East Campus in Southeast D.C.

Pannell, 73, serves as the ACC executive director, a position he has held since 1995. He has been a member of the Anacostia-based nonprofit organization’s staff since 1993.
A longtime advocate for LGBTQ rights, Pannell has been credited with persuading many of D.C.’s LGBTQ organizations to reach out to LGBTQ residents who live in Wards 7 and 8 east of the Anacostia River.

He has also been credited with persuading African-American organizations, including organizers of the annual Martin Luther King Jr. memorial celebrations, to include and welcome LGBTQ people to their events.

ā€œJoin us for an evening of food, fun, and surprises,ā€ an announcement of the event released by the ACC says.

ACC spokesperson Lamont Mitchell told the Washington Blade several community leaders and public officials who have known Pannell during his many years of D.C. community involvement were expected to speak at the Oct. 5 celebration. Among the expected speakers, Mitchell said, was former D.C. Mayor Sharon Pratt.

According to the announcement, the event is free and open to the public, but organizers requested that people register in advance at tinyurl.com/Pannell35.

The ACC event honoring Pannell was to take place about a month after the D.C. newspaper Washington Informer published a detailed article profiling Pannell’s career as a community activist and advocate for several important local causes and issues, including D.C. statehood.

ā€œD.C. statehood is not just a political issue, it is also a civil and human rights issue because if D.C. were a state, we would be a state with the highest percentage of African Americans, basically a majority, minority state,ā€ the Informer quoted Pannell as saying. ā€œThat’s one of the reasons a lot of right-wing Republicans don’t want to see D.C. become a state because we are going to elect progressive, Black Democratic senators,ā€ Pannell told the Informer.

A statement on the ACC’s website says Pannell has received more than 100 awards during his nearly four decades of work in D.C., including the 2011 U.S. President’s Call to Service Award and the 2012 D.C. Federation of Civic Associations award for Outstanding President of a Member Association.

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