Poarch Band Creek of Indians set to purchase Miami-based Magic City Casino
On Thursday, owners of one of the longest-running gambling operations in Florida are selling Magic City Casino in Miami to the Poarch Band Creek of Indians, a Native American tribe based in Alabama, the Miami Herald reported. The owners, the Havenick family, are selling for an undisclosed price and will ask the state to transfer its gambling permit, allowing the tribe to own and operate Magic City Casino and retain control of the casino’s greyhound permit, which was first issued in 1931 when racing was legalized in Florida. Greyhound racing is now banned in Florida, but the permit remains in force and is the reason Magic City can legally operate slot machines. The transfer will have to be approved by the Florida Gaming Control Commission. The Commission met on Thursday morning and reviewed the application, but postponed any decision to allow for public input, reported the Commercial Observer. According to the report, the application submitted, West Flagler Associates entered into an asset purchase agreement with Wind Creek Miami, LLC, a subsidiary of the Poarch tribe, to acquire 100% ownership interest and equity interest in the permit. The agency’s staff is recommending approval of the transfer. However, more than 100 pages in the application posted on the Commission’s website have been redacted, leaving the public in the dark about key details of the agreement. The application states, “Because it is acquiring the permit, Wind Creek will also acquire a parimutuel operating license, cardroom license, and the slot machine license for the 2022-2023 fiscal year.’’ John Sowinski, president of No Casinos, an anti-casino advocacy group, has urged the commission to allow time before they vote. “The Gaming Control Commission was created with the promise of greater transparency and public view into the world of gambling policy making, regulation, and enforcement,’’ Sowinski said. “In that spirit, this agenda item should be fully disclosed and should be postponed until the public has time to see what’s going on and the gaming commission can make a decision with the benefit of public input.” “Ninety-three percent of this application is shielded,” he added. The Havenick family’s other gambling operations will remain in the family’s control. Those include a permit to operate summer jai alai and poker in Miami’s Edgewater neighborhood and the Bonita Springs Poker Room near Fort Myers. Wind Creek Miami, LLC is a subsidiary of the tribe’s principal gaming and hospitality entity, the PCI Gaming Authority. The PCI Gaming Authority owns ten gaming operations across the country and runs gambling operations in Atmore, Montgomery, and Wetumpka in Alabama, the Renaissance Aruba and Renaissance Curacao, and the Mobile Greyhound Track in Alabama. Currently, West Flagler Associates is the plaintiff in a lawsuit against an agreement between Gov. Ron DeSantis and the Seminole Tribe of Florida, which would have given the tribe rights to operate online sports betting, on and off Seminole land, which would have given the Seminole Tribe a monopoly on sports betting in the state. A federal judge in the District of Columbia invalidated the compact, putting a hold on all sports betting and gaming expansion in Florida indefinitely. Should the Seminoles win their appeal, they would be legally able to offer wagering, Sports Handle reported. Oral arguments are set for December 14. This year, the Alabama legislature considered but did not pass any bills to expand gambling in the state. The Alabama Legislature and Alabama voters have historically rejected gambling at the ballot box.
Terri Sewell honors Rosa Parks, urges passage of bill to honor her with federal holiday
Today, Rep. Terri Sewell spoke on the Floor of the House of Representatives to commemorate the 67th anniversary of the arrest of Rosa Parks. Rosa Parks was arrested in Montgomery, Alabama when she refused to give up her seat on a city bus to a white man and was charged with violating Montgomery’s segregation law. Her arrest inspired the Montgomery Bus boycott – a significant turning point in the civil rights movement. She was awarded the Congressional Gold Medal, and Congress recognized Rosa Parks as the “first lady of civil rights.” On Twitter, Sewell wrote, “On this day in 1955, #RosaParks refused to give up her seat. Her dignified courage sparked the beginning of the Montgomery Bus Boycott and changed the very fabric of our nation. May we never forget the power of ordinary Americans to achieve extraordinary social change.” Rep. Sewell stated, “On this day, December 1st, in 1955, in Montgomery, Alabama, Rosa Parks refused to give up her seat, taking a bold stand against Montgomery’s segregated bus system. Her dignified courage sparked the beginning of the Montgomery bus boycott and changed the very fabric of our nation.” Sewell urged legislators to pass H.R. 5111, the Rosa Parks Day Act. “As the Representative of Alabama’s 7th Congressional District, I am proud to be an original co-sponsor of H.R. 5111, the Rosa Parks Day Act, which would designate today, December 1st, as a federal holiday in her honor. This bill would ensure that her brave sacrifice will live on in American history forever, and I urge my colleagues to sign on,” Sewell said. In 2021, Tennessee Rep. Jim Cooper, along with Reps. Sewell and Joyce Beatty introduced the Rosa Parks Day Act, a bill to honor Parks by designating a new federal holiday. California and Missouri recognize Rosa Parks Day on her birthday, February 4. Ohio and Oregon celebrate the day she was arrested, December 1.
Steve Marshall applauds ruling upholding religious exemptions for Covid-19 vaccine mandate for Air Force service members
Alabama Attorney General Steve Marshall hailed a federal appeals court decision on Tuesday in a case supported by the State of Alabama that upheld the right of service members to seek religious exemptions to the U.S. Air Force’s COVID-19 vaccination mandate. “An Airman may sacrifice much serving his country,” said Marshall. “That sacrifice should not include his right to religious liberty. We have protections in place to ensure that an Airman enjoys largely the same rights to religious liberty as his fellow citizens. Those include the Free Exercise Clause and the Religious Freedom Restoration Act. This appeals court ruling underscores that the religious liberty of Air Force personnel cannot be trampled by the government.” President Joe Biden wanted the COVID-19 vaccine more widely adopted by Americans. Congress would not pass vaccine mandates, so the President claimed broad executive powers to order Americans to take the vaccine. Many of these, including an unprecedented OSHA rule, were later blocked by the courts. One area where the mandates were enforced was in the U.S. military, as the President is constitutionally the commander n chief of the American armed forces. Biden’s Secretary of Defense, Lloyd Austin, followed the President’s orders by ordering all DoD employees and service members to get the vaccine. The public was told that service members with a medical reason or a religious objection to the vaccine would not have to get the vaccination. The services, including the Air Force, routinely turned down those requests. “After the Air Force ordered all their personnel receive COVID-19 vaccinations, nearly 10,000 service members sought religious exemptions,” Marshall said. “However, the Air Force has only granted 135 exemptions, with most of those involving personnel already scheduled to retire soon. In February, a lawsuit was filed on behalf of Air Force service members seeking religious-liberty exceptions to the vaccine mandate. In March, a federal district court ruled in their favor, placing a preliminary injunction barring the Air Force from disciplining any member for claiming a religious-liberty exemption to the vaccine mandate.” “After the Air Force appealed the federal district court ruling, I joined with 20 fellow attorneys general in supporting the statutory and constitutional rights of the Airmen who were denied their rights,” Marshall continued. “The victory this week in the U.S. Sixth Circuit Court of Appeals ensures the injunction protecting religious exemptions will continue in effect for Air Force members, including those on active duty, in the reserves, in the Air National Guard, and in the Space Force.” In similar cases, Attorney General Marshall joined 22 attorneys general in filing a brief in April before the U.S. Supreme Court in support of U.S. Armed Forces service members challenging the U.S. Defense Department’s similar failure to grant religious exemptions for DoD personnel from COVID vaccinations. Marshall also filed a brief in August supporting U.S. Navy personnel’s right to seek a religious exemption from the Navy’s COVID vaccination mandate. In defense of Air Force service members, Marshall was joined by attorneys general from Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming in filing a brief in September. U.S. Sens. Tommy Tuberville and Marsha Blackburn, and others have argued that this is having a tremendous impact on military readiness. “America’s military recruitment is at an all-time low, putting us further behind adversaries like China,” said Sen. Tuberville. “We should not be jeopardizing our national security by putting more restrictions on members of our military who wish to serve. I am proud to support legislation to bolster military readiness and support our men and women in uniform.” The Montgomery-based Foundation for Moral Law hailed the decision as a long-overdue victory for military personnel. Foundation Senior Counsel John Eidsmoe wrote in a statement, “The Sixth Circuit accepted our argument that the USAF failed to give its personnel the individualized determinations that the Constitution requires in Stanley v. Illinois.” “I love the Air Force, but I also love the men and women who wear Air Force blue, and I believe they are entitled to the protection of the Constitution they have sworn to defend,” Eidsmoe said. The Foundation filed an amicus brief in the case. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
House votes to block a national rail shutdown
On Wednesday, the U.S. House of Representatives passed H.J. Res 100, legislation to adopt the tentative agreement between railroads and railroad workers reached in September and avert a national rail shutdown that likely would have plunged the economy into recession and worsened inflation and supply chain issues. The bipartisan measure passed the House by a vote of 290 to 137. Rep.Terri Sewell voted for the bill to block the union from striking. She also voted in favor of a separate measure, H. Con. Res. 119, which would add seven days of paid sick leave for railroad workers to the tentative agreement. This measure was a key priority for labor and a value that Sewell shares. Res. 119 passed by a more narrow vote of 221 to 207. “A national rail shutdown would completely devastate our economy, leave shelves empty, and worsen the railroad blockages that we are working hard to fix,” said Rep. Sewell in a press release. “I am thrilled that Congress has acted quickly and decisively to avert this catastrophic outcome, all while securing key advances for rail workers. This agreement will provide peace of mind for families and businesses ahead of the holiday season.” Congressman Jerry Carl voted against H.J. Res. 100, Enforcing the Railway Labor Tentative Agreements. “Today, I voted against enforcing the railway tentative agreement because it is not the job of Congress to bail out President Biden after he failed to negotiate with railroad unions,” Carl said. “The last thing our country needs is Congress getting involved in private businesses by picking winners and losers.” The tentative agreement includes: · A 24 percent pay raise and a $5,000 bonus · No changes in copays, deductibles or coinsurance costs · Time off for routine, preventative and emergency medical care · Requirements protecting the two-man crew Sewell’s office justified the vote to prevent the strike claiming: that as many as 765,000 workers, including many union members, would lose their jobs in just the first two weeks of a strike; millions of families wouldn’t be able to get groceries, medications and other goods; many communities wouldn’t be able to acquire chlorine to keep their water supply clean; businesses wouldn’t be able to get their products to market, and that perishable goods would spoil before reaching consumers. Supporters justified the decision to intervene in the economy by citing the Commerce Clause of the Constitution, which they claim gives Congress both the authority and the responsibility to act. The legislation now goes to the Senate, where it is expected to get the 60 votes necessary to pass the Senate. White House Press Secretary Karine Jean-Pierre told reporters Wednesday, “The President believes that a bill averting a rail strike needs to reach his desk by this weekend. He is very clear about that because we need to protect the American families from potentially devastating effects of a real shutdown. And we have talked about that numerous times, and the President was really clear about that when he — when he put out his statement earlier this week.” “Again, he’s a President for all Americans, and he believes that we need to avert a potential — this potential shutdown that would have a devastating effect on our economy, a devastating effect on jobs, a devastating effect in our communities across the country, and our — and our farms, as well,” Jean-Pierre said. “Look, the President, as you know, has been — has been called by union — unions and labor leaders as a pro-union President,” Jean-Pierre continued. “And he takes that very seriously. He is the most pro-union President in history. And he’s worked tirelessly to secure victories for unions and for workers since he was first elected to Sen- — to the Senate.” Jerry Carl was just re-elected to his second term representing Alabama’s First Congressional District. Terri Sewell was just re-elected to her seventh term representing Alabama’s Seventh Congressional District. Six of the seven House incumbents in Alabama were re-elected in November’s midterms. The seventh, Rep. Mo Brooks, opted not to run for re-election but instead lost in the Republican primary for the open U.S. Senate seat. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
UAB hires Trent Dilfer as new football head coach
The University of Alabama at Birmingham introduced former Super Bowl-winning quarterback Trent Dilfer as its next head football coach in a press conference on Wednesday. Dilfer is a 14-year NFL quarterback, best known for his Super Bowl win for the defense-heavy Baltimore Ravens in 2000. Dilfer has worked in television and radio for sports outlets, including ESPN and Fox Sports. He has amassed a 38 and 8 record as the head coach of Lipscomb Academy, a private high school in Nashville, Tennessee. “Having the opportunity to lead such a quality program like UAB is one that I am beyond excited about,” Dilfer said in a statement. “The investments the university has made for UAB Football aligns with my vision of taking this program to new heights as we join the American Athletic Conference and compete annually for the highest prize of playing in the College Football Playoff. I would like to thank President Ray Watts, Director of Athletics Mark Ingram, and the entire search committee for their commitment to excellence and for trusting in me as we venture into this new era of UAB Football together.” Dilfer went to one Pro Bowl while quarterbacking the Tampa Bay Buccaneers in 1997. Dilfer won the Sammy Baugh Trophy as the best passer in America after throwing for 3,799 yards and 30 touchdowns at Fresno State during his collegiate career. In his NFL career, Dilfer accumulated 20,518 yards passing, completing 1,759 of 3,172 passes with 113 touchdowns and 129 interceptions. He will coach Lipscomb Academy one last time as they play for a state championship this week before joining UAB. While Dilfer has never formally worked as a college head or assistant coach, he has extensive experience working with elite college and high school quarterbacks preparing for college or the NFL draft. Dilfer is the head coach of the Elite 11 Academy, which began in 2009 and was launched to train elite-level high school quarterbacks. He has coached 27 of the 32 current NFL starting quarterbacks as well as 14 of the past 15 Heisman Trophy-winning quarterbacks. Currently, 60 of the 64 Power 5 starting quarterbacks in 2022 attended the Elite 11 Finals or Elite 11 Regional. “Trent is a proven winner on and off the field at all levels and will be a tremendous leader for our program,” athletic director Ingram said. “He is a Super Bowl-winning quarterback who played the game at its highest level for many years, and he has coached some of the top quarterbacks who are currently NFL franchise players. Trent’s goals and vision for our program is to lead UAB to the College Football Playoff, and we have no doubt that he is the right coach to lead our transition in the American Athletic Conference. Most importantly, Trent is an outstanding man, husband, and father with tremendous character who fits our department’s core values of winning championships, graduating with honors, and making a difference in our community.” UAB Coach Bill Clark resigned immediately prior to the 2022 season due to health concerns with his back. Clark had to endure the program being shut down by the University before it was resurrected due to popular demand from the student body. Clark had to rebuild his program from scratch. Despite that daunting challenge, Clark led UAB to five straight winning seasons and two Conference USA championships. He was the Eddie Robinson Coach of the Year in 2018. Interim head Coach Bryan Vincent led the team to a 6 and 6 record. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Nathaniel Ledbetter announces planned committee chair appointments
Rainsville Republican Nathaniel Ledbetter is expected to be elected as the next Speaker of the House in the Republican-dominated Alabama House of Representatives. On Wednesday, Ledbetter announced his first picks for Committee chairs. The Alabama House Republican Caucus has already chosen Ledbetter as their Speaker-designate but can’t formally elect a Speaker until the full House gavels in for an organizational session in January. Since Republicans occupy 77 of the 105 seats in the Alabama House of Representatives, it is a foregone conclusion that the party’s pick will be the next Speaker. Under the rules of the Alabama House of Representatives, the Speaker picks the committee chairs – normally from his or her own party. “I am confident that each of these members will serve our state well and invite new ideas and fresh perspectives to the committees they chair,” Ledbetter said in a statement. “All of them possess unique skills, talents, experiences, and abilities that make them uniquely qualified to chair the committees they will be assigned to lead.” The powerful House Rules Committee sets the proposed special order calendar for legislation that the body is to consider. Chairman Mike Jones did not return to the legislature. Ledbetter has chosen Rep. Joe Lovvorn to chair the Rules Committee. He is a retired firefighter and currently works as a realtor and small business owner. Lovvorn previously served as chair of the House Technology and Research Committee, which means that Ledbetter will be appointing a new chair for that committee as well. State Rep. Rex Reynolds will be the new Chairman of the House Ways and Means General Fund Committee. Former Chairman Steve Clouse has returned to the House, but he challenged Ledbetter for the open Speaker position when outgoing Speaker of the House Mac McCutcheon announced his retirement. Reynolds is retired law enforcement. He is the former Police Chief of Huntsville. State Rep. Danny Garrett will be returning as the House Ways and Means Education Budget Committee Chairman. Garret is a former CFO of two different publicly traded manufacturing companies and is a former Trussville Board of Education member. State Rep. Jim Hill will be returning as Chairman of the powerful House Judiciary Committee. Hill is a retired St. Clair County Judge. He works for the Moody-based law firm Hill, Gossett, Kemp & Hufford. Committee Chairs are very powerful because they set the agendas for what bills will and will not be considered in their committees and when. In the case of the Education and General Fund budget committees, the chairs have enormous influence over the budgets that pass out of their committees. Rep. Chris Pringle has been chosen by the House Republican Caucus as their designee to fill the role of Speaker Pro Tem, replacing Rep. Victor Gaston, who also did not seek re-election. Scott Stadthagen is replacing Ledbetter as House Majority Leader. The House Democratic Caucus has already elected Rep. Anthony Daniels to return as House Minority Leader. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
82-year -old Valley woman arrested for not paying trash bill
An 82-year-old woman was arrested for failure to pay for her trash services, according to the Valley Police Department. WTVM reported that the City of Valley Code Enforcement Officers issued Martha Louis Menefield a citation in August 2022 for not paying for trash services for June, July, and August. Code Enforcement claims they attempted to call Menefield several times with no response. Code enforcement left a door hanger containing information for her to appear in court on September 7. When Menefield didn’t appear in court, a warrant was issued. Menefield was arrested and handcuffed, an action Valley Police Chief Mark Reynolds claimed the department’s had to do. Reynolds defended the arrest in a press release on Facebook, stating, “While our officers can use their discretionary judgment on certain matters, the enforcement of an arrest warrant issued by the court and signed by a magistrate, is not one of them. Ms. Menefield was treated respectfully by our officers in the performance of their duties and was released on a bond as prescribed by the violation.” According to Environmental Services, Menefield has had her trash services suspended three times in the past two years for non-payment. AL.com reported that officials claim that “records indicate that there have been over 22 incidents of suspensions and revocation of services since 2006.” Outrage on social media over the situation has resulted in hundreds of comments and even more sharing the Facebook press release. One commenter on Facebook stated, “This is absolutely the most outrageous violation of public trust and basic decency I’ve seen in a very long time. Everyone involved in this needs assistance with thinking going forward.” Another commenter argued, “So we’ve reverted back to the days of debtors prison? This is shameful Valley, absolutely shameful. Have you not noticed that times have been tight for a lot of people lately? Senior adults are typically on a fixed income. Why did no one work with her on ways to catch up? Are there no entities in town that will help people struggling to pay utilities anymore? Why wasn’t her account suspended and sent to collections instead of being arrested??? Poorly done, very poorly done.” Since her arrest, many people have come forward offering to help Menefield catch up on her trash fees.
Rep. Terri Sewell nominates Hakeem Jeffries to be new House Democratic Leader
On Wednesday, Congresswoman Terri Sewell nominated Rep. Hakeem Jeffries (D-NY08) to serve as the next Democratic Leader in the House of Representatives. During a Democratic Caucus meeting this morning, Sewell and several of her colleagues placed the name of in nomination and spoke in support of his candidacy to succeed Speaker Nancy Pelosi as the new Democratic Leader. “I have gotten to know Hakeem Jeffries since he came to Congress in 2013, and I am confident that he is the right person to lead our caucus during this season of change,” Sewell stated in a press release. “Hakeem Jeffries is a skillful strategist, a master communicator, a pragmatic progressive, a visionary legislator, a criminal justice reformer, a dogmatic defender of our Democracy, a bodacious bridge builder, and a fierce fighter for our families, children, veterans, dreamers, workers, and our seniors. I was proud to nominate him to be our next Democratic Leader and look forward to seeing him make history as the first African American to ever lead either party in the House!” Jeffries has represented New York’s 8th Congressional District since 2013 and currently serves as Chairman of the House Democratic Caucus. He is poised to become the first African American to lead either party in the House of Representatives in American history. Rep. Jeffries stated on Facebook, “Humbled to be elected incoming House Democratic Leader. Look forward to partnering with Katherine, Pete and the entire House Democratic Caucus. Ready to get to work #ForThePeople.” Because Democrats narrowly lost control of the House of Representatives in the November 8 midterm elections, the next Speaker of the House is likely to be a Republican. Following the election results, Speaker Pelosi announced that she would be stepping down as the Democratic leader rather than accepting the role of minority leader. The number two Democratic Leader in the House Steny Hoyer is also stepping down from his leadership role, creating a power vacuum that Jeffries filled with his election today. Sewell is the only Democrat in the Alabama Congressional Delegation and the only Black woman to represent Alabama in Congress in the state’s history. She was just reelected to her seventh term representing Alabama’s Seventh Congressional District. To connect with the author of this story, or to comment, email: brandonmreporter@gmail.com.
Foundation for Moral Law cheers Air Force vaccine victory
The Foundation for Moral Law, an Alabama nonprofit dedicated to the defense of religious liberty, applauded the November 29 Doster v. Kendall decision of the Sixth Circuit U.S. Court of Appeals affirming a lower court class-wide injunction prohibiting the Air Force from requiring personnel with religious objections to undergo COVID vaccinations. Eighteen plaintiffs sued Air Force Secretary Frank Kendall and others in February 2022. Prior to the lawsuit, the Air Force had required all personnel to get the Covid-19 vaccine. The plaintiffs in the case argued the mandate violated their religious freedom under the First Amendment and the Religious Freedom Restoration Act of 1993. The District Court agreed. The District Court later expanded the order into a class injunction protecting all USAF personnel with religious objections. The Air Force appealed to the Sixth Circuit, and the Foundation filed an amicus brief supporting those who had religious objections. The Sixth Circuit unanimously affirmed the lower court’s order. The Foundation argued that, although the Air Force had established a policy for considering religious exemptions, the Air Force, in fact, did nothing but rubberstamp denials. The plaintiffs argued that the Air Force granted about 135 of 10,000 requests for vaccine exemptions for religious reasons — and then only to those planning to leave the service. The Liberty Counsel, a non-profit organization that litigates in cases the organization believes involve religious freedom, stated, “The Air Force even agreed that it has not granted any religious exemptions to anyone who does not plan to leave the service within a year. On the other hand, in December 2021, there were a total of 2,047 service members currently with medical exemptions and 2,247 service members currently with administrative exemptions.” The Court agreed and further reasoned that because the Air Force granted thousands of medical and administrative exemptions, their argument that military necessity prevents religious objections was unpersuasive. The Court concluded that First Amendment and the Religious Freedom Restoration Act both protect military personnel. Judge Roy Moore, Founder and President Emeritus of the Foundation and a West Point graduate, hailed the decision as “a long-overdue victory for military personnel over a flawed and useless policy that has ruined the careers of many soldiers and the health of many others.” Foundation Senior Counsel John Eidsmoe, primary author of the amicus brief and a retired Air Force Judge Advocate, noted, “The Sixth Circuit accepted our argument that the USAF failed to give its personnel the individualized determinations that the Constitution requires in Stanley v. Illinois.” Colonel Eidsmoe added, “I love the Air Force, but I also love the men and women who wear Air Force blue, and I believe they are entitled to the protection of the Constitution they have sworn to defend.”
Alabama constitutional amendments take effect
A series of constitutional amendments went into effect in Alabama with the certification of election results. Gov. Kay Ivey signed a series of proclamations on Monday, setting the amendments in motion, including authorizing the state or county, to award grants for broadband expansion and Aniah’s Law, allows bail to be set for all individuals except those committing capital offenses. The amendments, according to the release, were all ratified by voters. “I am constantly proud to live in a democracy where citizens vote to let their voices be heard,” Ivey said in a release. “(Monday), as we have certified our general election results, including the 10 statewide constitutional amendments and our streamlined state constitution, I would again like to thank the people of Alabama for coming out to the polls and casting their votes. We have a lot of work left to do, but I am confident that Alabama’s best days are still ahead.” Under Act No. 2022-117, the amendment permits the state, county, or municipality the authority to grant federal funding, or funds from other sources, for expanding broadband infrastructure in the state to any public or private company. One stipulation in the act calls for the county or municipality granting funds to a private company to be ratified at a public meeting. Aniah’s Law was also ratified by voters and says, “all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when proof is evident or the presumption great unless charge with an offense” created by the Legislature by general law. Amendment 346, according to the proclamation, will establish a probate court in each county which will preside over orphans’ business and adoption. The courts will have the power to grant letters of testamentary and administration of guardianships, along with jurisdiction of estate settlements. Republished with the permission of The Center Square.
U.S. Senate passes gay marriage bill
The U.S. Senate voted Tuesday to pass a bill that would federally codify same-sex and interracial marriages. A handful of Republicans joined Democrats in voting for the “Respect for Marriage Act,” which passed 61-36 and will now head to the House of Representatives. “This Senate has passed the Respect for Marriage Act!” Democratic Leader Sen. Chuck Schumer, D-N.Y., said, “Because no one should be discriminated against because of who they love.” Though neither same-sex nor interracial marriages are currently illegal in any state, lawmakers sought to codify protections in federal law. As The Center Square previously reported, U.S. Sen. Tammy Baldwin, D-Wisc., has helped lead the effort. Her office said the legislation would “require the federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed.” Notably, the bill would “guarantee that valid marriages between two individuals are given full faith and credit, regardless of the couple’s sex, race, ethnicity or national origin, but the bill would not require a State to issue a marriage license contrary to state law.” The U.S. Supreme Court’s overturning of the landmark Roe v. Wade abortion ruling motivated this legislative effort as some Democrats said same-sex marriage protections the court ruled on during the Obama administration could be at risk. The 2015 Obergefell v. Hodges precedent required states to allow same-sex marriages. Under the new law, in the event that Obergfell is overturned, states would be allowed to ban gay marriages but would have to recognize gay marriages that were performed in other states. The legislation repeals the federal Defense of Marriage Act, but state laws preventing same-sex marriage are still on the books in some states and would take effect if Obergefell were ever overturned. From the bill’s official summary: Specifically, the bill repeals and replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage that is valid under state law (The Supreme Court held that the current provisions were unconstitutional in United States v. Windsor in 2013.) The bill also repeals and replaces provisions that do not require states to recognize same-sex marriages from other states with provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. (The Supreme Court held that state laws barring same-sex marriages were unconstitutional in Obergefell v. Hodges in 2015; the Court held that state laws barring interracial marriages were unconstitutional in Loving v. Virginia in 1967.) The bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. President Joe Biden torpedoed a similar hope among Democrats to codify abortion protections after the midterm elections, saying his party will not have the votes. Republished with the permission of The Center Square.
