Saturday, August 23, 2014

VIRGINIA: Anti-Gay Norfolk Circuit Clerk Files Appeal with Supreme Court

George E. Schaefer III - the face of anti-gay hate
One thing the local Hampton Roads gay community needs to do is come up with a plan to make sure George E. Schaefer III, the clerk of the Norfolk Circuit Court, is defeated the next time he runs for re-election.  If the region is to prosper and move forward in a changing world, the last thing we need is a raging bigot in charge of the circuit court of the area's largest city.  The same holds true in Prince William County where reportedly Michele McQuigg stands for re-election next year.  Typically, circuit court clerk elections are low profile, but these two individuals demonstrate what can happen when the wrong individuals hold these positions.  I stand ready to write campaign contribution checks to any credible candidates who challenge these douche bags.

In his filing yesterday seeking an appeal from the ruling of the 4th Circuit Court of Appeals, Schaefer argues that the lower federal courts have “subverted” the Supreme Court’s decision last year in United States v. Windsor.  If anything is perverted, its religious extremists and bigots like Schaefer and McQuigg who want to subvert the U.S. Constitution and inflict their poisonous religious beliefs on all Virginians (and who have perverted Christianity into something hideous).  Adding to the hypocrisy is the fact that Schaefer is represented by the former law firm of former governor Bob McDonnell now under federal corruption charges who has shown the true face of GOP family values. The following is Schaefer's basic claim:
Contrary to these mistaken decisions, the Fourteenth Amendment does not override “
state sovereign choices” about whether to adopt same sex marriage.
If this reasoning is correct, then Loving v. Virginia was wrongly decided and the bigotry of the majority can strip minorities of their civil rights as American citizens.  It goes without saying that Schaefer is a Republican. I always find it amazing who the opponents of gay marriage continue to make the same arguments as their segregationist forefathers.  I also have to question how their legal counsel can file such disingenuous arguments.    SCOTUS Blog has details on the filing:
Arguing that lower federal courts have “subverted” the Supreme Court’s decision last year on same-sex marriage, a Virginia court clerk on Friday filed his own petition – the second filing seeking a ruling on the constitutionality of that state’s ban on such marriages and the fourth on the basic constitutional issue.  The filing may complicate the Court’s chances of promptly considering that issue.

The new document was filed by lawyers for George E. Schaefer III, who is the circuit court clerk for the city of Norfolk.  He has been taking part in the Virginia case since it began, and he is now defending the ban, after state officials opted not to do so.  Already pending at the Court are another petition from Virginia, one from Utah, and one from Oklahoma.  Another is expected soon from Virginia, to be filed by a different clerk.


On Wednesday, the Court blocked the issuance of licenses for same-sex marriages in Virginia pending the filing of a petition by the other clerk who is defending the ban, Michele B. McQuigg of Prince William County.  Her petition is being prepared now by her lawyers, who may file it within the next week or so.

In the other two Virginia filings, one by the state attorney general and now by the Norfolk clerk, each claimed that it was the proper vehicle for the Court to review the validity of the Virginia ban.  But the two are on slightly different procedural timetables within the Court, and that will be true as well for the McQuigg petition when it is filed.

The Windsor decision “taught that state citizens are free to make up their own minds about this issue by exercising their ‘historic and essential authority to define the marital relation,’” the filing said, quoting from that ruling.
Perhaps someone should buy Schaefer a set of KKK robes since he in making a KKK like argument and applying it to gays.  Just a thought.  As I said, Schaefer needs to be challenged and defeated if he runs for reelection. 
 

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