Commissioners Asked To Support Gay Marriage
BY BUDDY NEVINS
You don’t have to be psychic to predict which way Broward County Commissioners will vote on gay marriage next Tuesday.
Marty Kiar
It will pass.
Commissioner Marty Kiar has proposed a resolution to support marriage equality.
The Commission has been among the most gay-friendly governments in the state for at least a decade. I would be extremely surprised if the resolution doesn’t pass easily.
Will the resolution make a difference? Like so many government resolutions, it won’t change anything.
The issue of same sex marriage will be decided by the U. S. Supreme Court as early as next year.
Here is Kiar’s resolution:
17386_Exhibit 1 – Same Sex Marriage
August 9th, 2014 at 1:00 pm
I can’t wait to see which Commissioner Lamarca will show up for the vote. The Tea Party pandering “minority leader” or the pro LGBT ass kissing Stonewall parade participant? #HYPOCRITE
August 9th, 2014 at 1:08 pm
Chip can’t run out of the room this time like he did at BREC when he saw the Tea Party flyers after the gay parade. This time he will have to take a stand and vote. Can’t remain silent and ride on the fact that he merely showed up to their parade this time.
Does he side with his Governor, Bondi, Tea Party and his Uncle the Catholic Priest?
Does Chip side with his friend Michael Rajner? Remember Rajner gave Chip a lot of time to speak at the town hall meeting Rajner did with Maria Sachs, Perry Thurston and Nan Rich on LGBT issues.
August 9th, 2014 at 2:21 pm
Can we please stop bringing gays to Ft. Lauderdale spreading their aids and other plagues?
We need to educate Broward Commissioners and absolutely
FIRE Nicki Grossman, head of the
Ft. Lauderdale Convention and Visitor Bureau. She spent $750,000 last year to attract gays to Ft. Lauderdale. This money could have been better spent to attract FAMILIES to Ft Lauderdale and bring back the healthy family oriented Ft Lauderdale. By families I mean a father, a mother and children. Time to DUMP NICKI GROSSMAN and send the gays packing!!!
FROM BUDDY:
This is America, “Sol Mossberg.” Anybody can vacation anywhere.
As somebody who has lived here since views like yours were more prevalent, I can assure you that the migration of LGBT folks to the Fort Lauderdale area has been a positive. They have created an economic boon, increasing business activity and home values everywhere, but especially in communities like Fort Lauderdale, Wilton Manors and Oakland Park. They have gotten involved in numerous charities and have been refreshingly active in politics. Whether you are LGBT or not, everybody in Broward has benefitted.
If you don’t like the LGBT community, Mr. Mossberg, there are plenty of land and homes available in Utah.
August 9th, 2014 at 5:22 pm
Buddy, Utah recently had a federal judge rule that its prohibition of same-sex marriage was unconstitutional, so “Sol Mossberg” may not like living there either.
http://en.m.wikipedia.org/wiki/LGBT_rights_in_Utah
Also, your assumption that the US Supreme Court will decide the issue of same-sex marriage next year may well be invalid. All the federal district and circuit courts considering these cases after the Supreme Court’s June 2013 decision in United States v. Windsor have ruled that the prohibition of same-sex marriage is unconstitutional. This means that the legal situation known as a “circuit split” (in which different federal circuits reach incompatible conclusions on the same subject) doesn’t exist. The US Supreme Court generally doesn’t take cases unless a “circuit split” has developed, reasoning that if all the federal circuit courts are already in agreement then there is no need for the Supreme Court to step in for the purpose of resolving the conflict. The Supreme Court has plenty of cases involving a “circuit split” awaiting its attention, and it generally prefers to focus its very limited time and energy on those cases in which the lower federal courts disagree.
August 9th, 2014 at 6:07 pm
This is an attempt to put Chip on the record before the election, isn’t it?
Even if that’s not Marty’s intent, it will serve the same purpose.
August 9th, 2014 at 7:08 pm
Actually, I think Uganda might be a better destination for Mr. Mossberg.
August 9th, 2014 at 9:12 pm
Chip can’t run out of the room this time like he did at BREC when he saw the Tea Party flyers after the gay parade. This time he will have to take a stand and vote. Can’t remain silent and ride on the fact that he merely showed up to their parade this time.
Does he side with his Governor, Bondi, Tea Party and his Uncle the Catholic Priest?
Does Chip side with his friend Michael Rajner? Remember Rajner gave Chip a lot of time to speak at the town hall meeting Rajner did with Maria Sachs, Perry Thurston and Nan Rich on LGBT issues.
August 10th, 2014 at 1:35 am
Seriously? I would like to know how many agenda items there are this coming week after all those weeks off. Do they really need to take time away from their REAL jobs up there to vote on marriage equality? Ummmm thanks, Broward County Commission but we got this. We are not in need your help… Stop patronizing us and concentrate on the stuff we elected you to work on. We know, we get it, you want us to be able to marry. Now get back to work. We’re good, thanks.
August 10th, 2014 at 4:37 am
Commissioner Marty kiar again steps forward as a progressive and forward looking public servant. The young Commissioner has proposed an equality of marriage action by the Broward County Commission. Next Tuesday Broward County commissioners can show by an affirmative vote that our community is truly on the right side of history.
August 10th, 2014 at 9:57 am
@6 – Have you seen the recent news from Uganda?
http://www.theguardian.com/world/2014/aug/09/uganda-first-gay-pride-rally-law-overturned
Uganda holds first pride rally after ‘abominable’ anti-gay law overturned
Activists gather on shores of Lake Victoria to celebrate gay pride
theguardian.com, Saturday 9 August 2014 11.12 EDT
Photo: Ugandan men hold a rainbow flag
Uganda has hosted its first gay pride rally since a draconian anti-homosexuality law was overturned by the courts.
Sandra Ntebi, organiser of the rally held on Saturday in Entebbe, 35km from the capital Kampala, said police had granted permission for the invitation-only “Uganda Pride” event.
“This event is to bring us together. Everyone was in hiding before because of the anti-homosexuality law,” she said. “It is a happy day for all of us, getting together. …
Amid music, dancing and laughter, activists gathered in a park on the shores of Lake Victoria, close to the country’s presidential palace. “Some Ugandans are gay. Get over it,” read one sticker a man had pasted onto his face. …
“Since I discovered I was gay I feared coming out, but now I have the courage after the law was thrown out,” said Alex Musoke, one of more than 100 people at the event. … There were few police in attendance and no protestors. …
August 10th, 2014 at 11:12 am
#4 (Ha Ha Ha) is half right on this. In fact, Circuit Splits ARE indeed one of the most common ways for cases to come to SCOTUS (they pretty much have to step in in situations where federal laws or the Constitution are being officially interpreted in different ways in different parts of the country).
But splits are by no means the ONLY way cases get granted certiorari. Another way is when the Supremacy Cause is implicated, as it is in 30-ish states that have SSM bans in their state constitutions. SCOTUS would still be needed to determine whether or not those bans violate the 14th amendment as long as a single one of them is not struck down by the Circuits.
Kevin.
August 10th, 2014 at 11:57 am
http://205.166.161.204/agenda_publish.cfm
both agendas for Tuesday on the link.
its gonna be a long day
August 10th, 2014 at 12:58 pm
The resolution doesn’t change anything legally. But it does let all kinds know they’re welcome to vacation, live, and invest here. Nice job Marty.
August 10th, 2014 at 1:19 pm
For those that are attacking Comm.Lamarca what are you thinking. Everyone is created equal. I mean I’m reading Gays get out. To Chip Lamarca is to gay friendly basicly. I mean you do realize some of you his challenger Mr.Keechl is gayier than a picnic on a Sunday afternoon. I mean so one would think if you disregard gays so much(shame) then your best bet is chip Lamarca. Those of you that attack Chip on this issue , you have no merit. Ok so he is getting heat from some of you(not the tea party-they could care less-its some of you old school republicans-that are ruining your party(huh John Aurlious-hows it feel to lose to Robert walsh)-don’t believe me, one name Charlie Crist). Chip Lamarca is our best person for this seat. Some of you and your cheap shots. Get out there Chip. Show all of them you are the man for the job. Lets dye your hair platium blonde. Will show them. Anyways good for Marty. This will pass. As far as firing Nicki Grossman. When you get 13mill visting Broward County, then talk…
August 10th, 2014 at 4:31 pm
@11 – Nice try Kevin, but the Supremacy Clause doesn’t apply to same-sex marriage cases. That clause would come into play only if a state law attempted to enter a domain reserved for federal law, or created a conflict with federal law. Marriage is an area that is generally governed by state law, subject to the limitations imposed by federal constitutional rights.
The Fourteenth Amendment is the means by which state laws are made to comply with the federal constitutional rights of Due Process and Equal Protection, along with all the other federal constitutional rights.
Even if the Supremacy Clause were involved (which it totally isn’t), if the federal circuit courts were all applying it to the states consistently, then there would be no circuit split and thus no need for the Supreme Court to get involved.
I said (@4) that the Supreme Court “generally doesn’t take” cases unless there’s a circuit split. There are exceptions – if there weren’t, I would have said “never takes” instead. There are times when the lower federal courts are in agreement but the Supreme Court decides it doesn’t like that agreement (or doesn’t like it any more). An example would be racial segregation in education, which the Supreme Court approved of in 1896 (Plessy v. Ferguson), but then decided in 1954 that it just didn’t like it any more (Brown v. Board of Education).
The anti-gay laws got Supreme Court approval in 1986 (Bowers v. Hardwick) but by 2003 the Supreme Court just didn’t like them any more (Lawrence v. Texas). This was recently re-emphasized in 2013 (United States v. Windsor), and as the unbroken series of 36 wins and zero losses in same-sex marriage cases since the Windsor decision clearly shows, the lower courts have gotten the message and are correctly following their marching orders. No need to intervene.
Now it’s still possible that despite the perfect agreement among all the lower courts post-Windsor, the Supreme Court might take up the subject anyway. Big civil rights decisions by the Supreme Court are primary study topics for law school students, and the temptation to write such an opinion – for the history books and for the immortality of having your words read thoroughly (and even reverently) by every future generation of lawyers forever – can be very strong.
But at this point there’s no practical need for the Supreme Court to take up this topic. If it does, judicial ego gratification will be the primary reason for doing so, and we can be certain that the resulting majority opinion will be written very, very carefully “for the history books”.
August 10th, 2014 at 5:02 pm
@11 – “30-ish states… have SSM bans in their state constitutions. SCOTUS would still be needed to determine whether or not those bans violate the 14th amendment as long as a single one of them is not struck down by the Circuits” – illogical!
There are 11 federal Circuit Courts. Every state in the 1st, 2nd & 3rd Circuits has already legalized same-sex marriage. In all the remaining circuits except the 8th and the 11th, there are already same-sex marriage cases either pending or already decided at the circuit court level. And in the 8th and 11th circuits, there are already same-sex marriage cases pending at the district court level which will make their way up to the circuit court before too long. No need for the Supreme Court to intervene, unless and until one of these circuits decides against same-sex marriage, thereby creating a “circuit split” – and post-Windsor, that’s very unlikely to happen.
August 10th, 2014 at 6:52 pm
Chip should vote present just as Illinois State Senator Obama did for much of his bogus tenure in that Chamber on what he considered controversial issues.
Perhaps Mr Kiar should propose another non binding resolution challenging Obama’s CDC which released an extensive survey stating that only 2.3% of the entire adult population identifies themself as homosexual. Yes that was just a bit over 2%.
But those 2.3% do deserve equal protection and rights under the law none the less. But equality with the term marriage? That will probably be up to SCOTUS to decide.
August 11th, 2014 at 11:26 am
Ha Ha Ha,
If a state has a state constitutional ban on SSM, and at a later date SCOTUS for some reason takes up a case in which one side argues that ban violates the Equal Protection clause of the 14th amendment, then that IS, in effect, a Supremacy Clause conflict between the US and state constitutions.
But I do appreciate what you are saying in the second comment.
August 11th, 2014 at 11:29 am
.. and of course what i said in 18 above would imply that a Circuit ruled against the plaintiffs bringing such an appeal.
So I agree with you that if all 11 regional circuits decide the same way on their regions’ SSM cases, there would be no or a very narrow path to SCOTUS. You are obviously correct on that, and it is an under appreciated point in the media.
August 11th, 2014 at 11:31 am
Finally (sorry to spam your blog, Buddy), I think Ha Ha Ha will agree with me that, if all the Circuit cases come out in favor of SSM, the SECOND any one of the losing states appeals their loss to SCOTUS and SCOTUS denies cert, then THAT will be the “official” point at which SSM debate gets “resolved.”
It won’t be very dramatic, and definitely not a TV moment.
Kevin.
August 11th, 2014 at 12:03 pm
Sol Mossberg says: send the gays packing!!!
Isn’t that a bit redundant, you homophobic piece of shit.
August 11th, 2014 at 1:34 pm
You what’s really sad? This resolution means NOTHING. The Count Commission has no say in the matter. Tallahassee hearing from Broward that they support gay marriage means NOTHING. It is truly a waste of time.
Chip will vote in favor of this. Not all in the GOP are small minded. It’s sad that some real right wingers are trying to control the Broward GOP.
August 11th, 2014 at 5:43 pm
While Broward residents go from red light to red light every 100 feet, we have plenty of time to ponder the county commission wasting time on non-binding resolutions. Better yet, try to figure out how there is no southbound US-1 exit after years of planning the airport expansion.
How about dealing with issues where you might actually help your constituents, instead of passing feel-good fluff?
BTW, I don’t oppose SSM, and I think Mr. Kiar is a good guy – I just want the commission to focus on issues they can do something about.
August 11th, 2014 at 9:28 pm
If the Supreme Court refuses to hear the case, then the lower court ruling stands. You realize this, of course.
August 12th, 2014 at 9:30 am
#23 is right on. How presumptuous of them to think their resolution is warranted to validate marriage equality. They can accomplish the same thing in a tweet for Pete’s sake.
August 12th, 2014 at 10:49 am
It’s sad that some real right wingers are trying to control the Broward GOP.
No, what’s really sad is that the moderate Republicans (a seemingly endangered species) didn’t stand up to the extreme right-wingers before their toxic views metastasized within the party.
August 12th, 2014 at 12:17 pm
LaMarca as reported by Brittany Wallman, refused to give his stance on gay marriage but only voted to support the resolution so the Court will make a decision quickly.
Can Chip ever give a straight (no pun intended) answer on this question.
August 12th, 2014 at 7:59 pm
#27, why does it matter? The day LaMarcas vote makes a difference as to the legality of gay marriage is the day I care what he thinks about it.
August 13th, 2014 at 7:37 am
@26 Republicans have no moderate contingent of their party. GOP moderates are called liberals, RINO’s, pinkos and so forth. Republican luminaries like Reagan, Nixon or frankly either of the Bushes would find themselves at the far left fringes of the GOP. It is today a party of extremists increasingly at odds with mainstream thinking in our nation and state. It is an observation they are aware of yet they can’t seem to help themselves. If you are a moderate and want to feel welcomed in a major party you have no choice but to become a Democrat.