Taco Bell: We Didn't Make That Gay Ad

Taco Bell has denied producing the commercial posted here yesterday.  Gawker has their statement: "We didn’t create this ad, but we can see the people who did share the same Live Mas passion for our brand—and our breakfast—as we do. Although we cannot condone unauthorized use of our intellectual property, we are impressed with their work and would be open to meeting with them."

FLORIDA: Dozens Of Major Corporations File Brief In Support Of Marriage Plaintiffs

Dozens of major corporations have filed an amicus brief with the Eleventh Circuit Court in support of Florida's same-sex marriage plaintiffs. Among the signees: Amazon, AT&T, Bloomberg, CBS, Delta, Deutsche Bank, eBay, Electronic Arts, General Electric, Levi Strauss, Marriott, Oracle, Pfizer, Staples, Symantec, Target, and Viacom. From the brief:

We are located and/or do business in Florida, Georgia, or Alabama, all of which prohibit marriages between couples of the same sex and refuse to recognize existing same-sex marriages. State laws and constitutions denying marriage to gay and lesbian citizens are bad for our businesses. Amici are forced to bear unnecessary costs, complexity, and risk in managing our companies, and we are hampered in our efforts to recruit and retain the most talented workforce possible—all of which places us at a competitive disadvantage. Our success depends upon the welfare and morale of all employees, without distinction. The burden—imposed by state law—of having to administer complicated schemes designed to account for differential treatment of similarly situated employees interferes with our business and creates unnecessary confusion, tension, and ultimately, diminished employee morale. We write to advise the Court of the impact on employers of the disparate treatment mandated by states that refuse to permit or recognize marriages between same-sex couples.

RELATED: Among numerous other groups filing amicus briefs are the NAACP, PFLAG, and a coalition of 16 Florida counties and cities. Many more briefs can be viewed at Equality Case Files.

North Korea Calls Obama A "Monkey"

Via Reuters:

North Korea called U.S. President Barack Obama a "monkey" and blamed Washington on Saturday for Internet outages that it has experienced during a confrontation with the United States over the hacking of the film studio Sony Pictures. The National Defence Commission, the North's ruling body, chaired by state leader Kim Jong Un, said Obama was responsible for Sony's belated decision to release the action comedy "The Interview", which depicts a plot to assassinate Kim. "Obama always goes reckless in words and deeds like a monkey in a tropical forest," an unnamed spokesman for the commission said in a statement carried by the official KCNA news agency, using a term seemingly designed to cause racial offense that North Korea has resorted to before.

China's official news agency is also reporting that North Korea's 3G mobile phone networks are "paralyzed" today.

Viral Video Of The Day

1.3M views on the first day. Details here.

Porno Pete Issues Year-End Money Beg

"All sins dishonor God, but there’s something especially deplorable and significant about the spread of homosexuality and related perversions in a civilization. Someone smart once said something to the effect that if homosexual sodomy - what Noah Webster in 1828 defined as 'a crime against nature' – is OK, then nothing is wrong. The court-imposed spread of sodomy-based “marriage” is a cultural act of defiance for which America will be judged - or perhaps is already being judged - as a nation. But the earthly 'enemies' against which AFTAH contends are all about changing the Truth standard–in a desperate quest to rationalize their sin. They want to change God’s plumb line of righteousness, based on the authority of, well, their feelings. 'LGBTQueer' forces–fueled by seemingly endless financial resources–work day and night to change the standard, but the standard does not change. The standard cannot change. Help AFTAH Fight Against the Lies of Big ‘Gay’ Inc: We are David and the well-funded 'Gay' Lobby is Goliath. Support AFTAH today with a year-end gift of $1,000, $500, $250, $100, $50 or whatever you can give! All gifts postmarked by or made online midnight Dec. 31 are tax-deductible for your 2014 taxes." - Peter LaBarbera, in his year-end money beg.

FLORIDA: Almost All County Clerks Plan To Refuse Same-Sex Marriage Licenses

Via the Associated Press:

Most of Florida's 67 clerks of court don't plan to issue marriage licenses to gay couples on Jan. 6, paralyzed by confusion over whether a ban on same-sex marriage is being lifted across the whole state that day, according to an Associated Press survey. Of the 53 clerks who responded to the AP survey, 46 said they wouldn't grant marriage licenses to same-sex couples because they lack legal authority. Six clerks said they hadn't made up their minds; Only one clerk outside Washington County, Osceola County's Armando Ramirez, said he would issue the licenses. Ramirez said his office would begin issuing marriage permits for same-sex couples a minute after midnight on Jan. 6. He said it's a matter of not discriminating against a minority group. "We won't waste any time," he said.

On Wednesday federal Judge Robert Hinkle gave the state until Monday to respond to a motion filed by the Washington County clerk. That motion seeks clarification on whether the clerk must only issue a license to the one couple named in the federal suit that overturned Florida's ban statewide. The ban had previously been declared unconstitutional by state judges in Monroe, Miami-Dade, Broward, and Palm Beach counties.

RELATED:  Osceola County, just south of Orlando, is home to a large portion of Walt Disney World, whose boundaries also stretch north into Orange County.

It Won't Be Easy, You'll Think It Strange

(Tipped by JMG reader Lynda)

Ark Encounter: Kentucky Is Discriminating Against Us For Our Discriminatory Hiring

Earlier this month the state of Kentucky announced that it will be denying $18M in tax incentives to the Ark Encounter because its employment application stipulates that prospective staffers must be fundamentalist Christians. Today Answers In Genesis, the creationist parent organization of the Ark Encounter, claims that their religious freedom to discriminate is being discriminated against.

In addition to refuting the myth that tax dollars will be used to build our life-size Noah’s Ark in Williamstown, Kentucky, Answers in Genesis has had to spend considerable effort rebutting another myth: that it is illegal for the Ark Encounter to hire only people who can sign its statement of faith. Yet the state, in its letter to AiG last week (and simultaneously leaked to the press), is illegally denying the Ark the opportunity to benefit from the Tourism Development Act (TDA) due to hiring issues. Kentucky is demanding that AiG check its religious freedoms at the door if it is to receive TDA benefits.

It is interesting to note that the state and activist secular groups can point to no specific law or statute that would deny a religious organization like AiG or Ark Encounter the right to hire staff members who agree with its mission. Indeed, why should we give in to the state’s demand and give up our rights to hire people of faith? Nobody seems to want to force the group American Atheists to hire Christians (and we do not advocate it).

The demand by the state to have the Ark Encounter surrender the hiring rights it has under state and federal law in order to benefit from the TDA—otherwise made available to all other qualifying parties—imposes a huge burden on the Ark Encounter’s freedom of religion and smacks of overt religious discrimination. We have assured state officials many times that the Ark Encounter will follow all applicable federal and state laws in operating our theme park, and the state has no basis to demand otherwise.

Have American Atheists requested $18M in tax breaks to build a for-profit amusement park?

Taco Bell Ad Stars Gay Couple

This "leaked" Taco Bell commercial was posted to YouTube ten days ago. Has anybody seen it aired anywhere?

(Via Towleroad)

Happy Solar Flare

Via the Telegraph:

NASA's Solar Dynamics Observatory has captured dramatic footage of a powerful X-class solar flare erupting on the surface of the Sun. Harmful radiation from a flare cannot pass through Earth's atmosphere to physically affect humans on the ground, however – when intense enough – they can disturb the atmosphere in the layer where GPS and communications signals travel. This flare was classified as an X1.8-class flare – X-class denotes the most intense flares, while the number provides more information about its strength.

Pat Robertson Tries To Keep Former VA Gov. Bob McDonnell Out Of Prison

Via the Associated Press:

Former Virginia Gov. Bob McDonnell should perform community service rather than serve prison time for his federal corruption convictions, an international relief organization said Tuesday. Operation Blessing International said it offered McDonnell jobs heading its hunger relief program in Appalachia or working at its orphanage and fish farm in Haiti if U.S. District Judge James Spencer agrees to spare McDonnell prison time.

"As with his volunteering during Hurricane Katrina, Bob has shown an authentic willingness to serve others no matter how difficult the task," group president Bill Horan said in a statement. "We believe that we can leverage his energy and expertise to better serve those in need."

Operation Blessing spokesman Chris Roslan said the organization collaborated with defense attorneys ahead of Tuesday's deadline for lawyers to file sentencing recommendations. Virginia Beach-based Operation Blessing was founded by religious broadcaster Pat Robertson. McDonnell is a graduate of Robertson's Regent University law school.

McDonnell is due for sentencing early next month. Operation Blessing, of course, has long been saddled with accusations of fraudulent practices.

Headline Of The Day

Details.

FRANCE: Magazine Ordered To Pay €20K For Outing Leader Of Neo-Nazi Party

France's Closer Magazine has been ordered to pay €20K for invading the privacy of a neo-Nazi party leader when it outed him as gay. Via Pink News:

Florian Philippot is the deputy leader of the French Front National – which was allied with the British National Party, and has been accused of fostering homophobic violence by aligning itself with aggressive anti-equal marriage factions and violent groups. Earlier this month, Closer published four pages of photos taken in Vienna of Mr Philippot with a television journalist presented as his boyfriend whose face was blurred out. AFP reports Gregoire Lafarge, Mr Philippot’s lawyer, had argued in court that the magazine had not acted in the public interest but purely to make money. “Mr Philippot is admittedly a public figure but he is not a celebrity and has always explained that sexuality is an intimate affair,” he said. “To ‘out’ (someone) is to stigmatise. After sexuality, what will we throw out to the public – religion, health?” added Mr Lafarge, who had initially asked for 50,000 euros in damages.

The magazine has also been ordered to publish the verdict on its front page.

Salt Lake Tribune Names Marriage Plaintiffs "Utahns Of The Year"

Via the Salt Lake Tribune:

These six people put their names to the lawsuit challenging Amendment 3. They stood up, stood together and helped history along. Through 2014, they rode the legal roller coaster — to the 10th U.S. Circuit Court of Appeals, which upheld Shelby’s ruling, and onto the U.S. Supreme Court, which issued a stay on the ruling. In October, the high court declined to hear appeals from Utah and four other states. In essence, the denial made same-sex marriage legal in those states. Because of these Utah plaintiffs — who bravely made public their most private lives — the state took an unlikely position among the vanguard in the biggest civil-rights movement of the day. Forever, their names will be associated with a tidal wave of change that swept the country. fFor that, Derek Kitchen and Moudi Sbeity, Karen Archer and Kate Call, Laurie Wood and Kody Partridge are The Salt Lake Tribune Utahns of the Year.

Queen Elizabeth Delivers Holiday Speech

He's Not Sir David Furnish

Sir Elton John married his partner of 21 years last week, but unlike the spouses of straight male Brits with a royally-bestowed title, David Furnish did not gain a courtesy title. Via Pink News:

When a man with a title marries a woman, his wife automatically receives a female courtesy title – meaning that if he had married a woman, Sir Elton’s wife would be Lady John. However, as the honours system was not updated to reflect the changes to the Marriage (Same Sex Couples) law, Mr Furnish is not able to use a title – and will remain Mr Furnish. The Equality (Titles) Bill 2013 attempted to change the rules – which also deny titles to male spouses of women with honours – but the legislation did not progress. The law was changed, however, to ensure that gay men could not become Queen or Princess of Wales by marrying a future King or Prince of Wales.

Freep This FDA Poll

On the lower left side. (Tipped by JMG reader Spur)

Open Thread Thursday

Where are you today? Who are you with?

The Interview Is On YouTube

Available for renting at $5.95.

Dance Of The Sugar Plum Lesbians

This story makes its eleventh annual appearance on JMG....

Grand Central Terminal functions as the mechanical heart of midtown New York City, pumping out several thousand workers and tourists on one beat, then sucking in several thousand more on the next.

The rhythms of the terminal are fascinating.

Beat. Four thousand, inbound from New Haven.

Beat. Three thousand, outbound to Westchester.

Worlds collide on the main floor.

The tourists gawk up at the gloriously ornate ceiling and uselessly flash their digital cameras at objects hundreds of feet away.

The commuters rush up to the track displays to determine their track number, then dart across the terminal floor, dodging the milling tourists, heads down, like running backs heading for the end zone.

It's mesmerizing. It's majestic.

And sometimes, like tonight, it's magical.

I'm walking through the massive main room just as the holiday laser show begins on the ceiling. To the tune of Take The "A" Train, the laser depicts two trains arriving from different directions. The trains stop opposite each other and a reindeer leaps out of each one and crosses over to the opposite train.

The laser traces the outline of one of the zodiac constellations painted on the ceiling. The Cancer crab leaps to life and becomes the Crab Conductor, waddling down the center aisle of the car, punching the reindeers' ticket stubs with his claws.

I move over to the edge of the room, near the entrance for Track 25, so I can watch the reaction to the show. As usual, I'm more entertained by watching the audience than by watching the actual show.

At the ticket windows, standing in front of signs that say "Harlem Line" or "Hudson Line", commuters tilt their heads painfully back to view the show directly overhead. The tourists cluster in delighted circles, holding each others' elbows for balance as they nearly bend over backwards.

Some people move to the edges of the great hall, as I have, to remove themselves from the traffic flow while they watch. Among those that come to join me on the perimeter of the room is a lesbian couple. They stand quite close to me, the taller woman behind the shorter one, with her arms wrapped around her, supporting her a bit as they both lean back on the marble wall.

The shorter woman is stout with a large firm chest. Her hair is short and brushed back into what might have once been called a ducktail. She has an ornate tattoo on her left forearm and she has a leather wallet protruding from the rear pocket of her jeans, attached to her leather belt by a short silver chain. She has more than a passing resemblance to Tony Danza, her big boobs notwithstanding, so naturally (in my head) I name her Toni.

Toni's girlfriend is blond and her short ponytail dangles just above her collar. She is wearing long Christmas tree earrings which nearly brush her shoulders. Her lanky, sinewy limbs are bound in a tight running outfit, over which she is wearing a school athletic jacket. I imagine that she might be a coach at Yale or Harvard, perhaps a girls lacrosse coach, or maybe track and field.

Coach is squeezing Toni tightly and they bounce together to the music a bit. Coach looks over at me and catches me smiling. She nudges Toni, who looks over at me too, and we all grin goofily at each other for a moment.

Overhead, a new show begins. The familiar opening notes of Tchaikovsky's Dance Of The Sugar Plum Fairies ring out as the Empire State and the Chrysler buildings sprout arms, bow to each other, and begin waltzing across the ceiling.

I look around the room and it's as if time was frozen for just a second, every person stopped in mid-stride, eyes cast upward, mouths open in silent joy.

Toni pushes away from Coach, turns around and delivers her a bow as deep and as elegant as the one just depicted overheard.

"Madame, may I please have this dance?" she asks Coach.

Coach looks around a bit awkwardly. "You are TOO much!" And she giggles.

"Madame, I must insist!" says Toni, as she takes Coach's hands into hers.

Coach relents and she and Toni begin a beautiful, slow waltz, moving in half-time to the music. As you might have guessed already, Toni leads.

As they dance, their eyes remain locked on each other. Toni is giving Coach an intense look, her lips tightly curled into a satisfied smile. Coach is grinning from ear to ear and again, she giggles.

All around Coach and Toni, the tourists, the businessmen, the students, the conductors, even the guy with a broom...they're all watching. Some are expressionless, but more are smiling, and some of them...some of them are frantically fussing with their cameras, eager to capture this magical New York Moment.

Serendipity prevails, the tune ends, and Toni dips Coach backwards with a dramatic up-sweep of her free arm as a firestorm of camera flashes erupt around them. Toni pulls Coach up and close to her and they hug. There's another camera flash and the crowd begins to move along.

Then.

"Hey, look!"

The laser show is being concluded with giant sprigs of mistletoe appearing over our heads. This time it's Coach who bends down and plants a long tender kiss on Toni's non-lipsticked mouth. There's another flash of cameras from the delighted audience.

Toni takes Coach's hand and they begin to move off towards the exit.

"Oh, don't stop!" says a disappointed woman, still rummaging for her camera.

Toni looks back over her shoulder and says, "I never will."

Grand Central Terminal, the mechanical heart of New York City, beats again. But this time I hear a different rhythm. This time I hear a double beat.

HAPPY HOLIDAYS EVERYBODY!

FLORIDA: Judge Gives State Until Monday To Respond On Marriage Motion

Via the Miami Herald:

U.S. Judge Robert L. Hinkle has given Florida officials named in the federal gay marriage case until Monday to repond to a clerk's motion for clarification whether she must marry one same-sex couple or all same-sex couples who come to her office Jan. 6.  “The Clerk requests clarification as to whether the Injunction requires that the Clerk only issue marriage licenses to Stephen Schlairet and Ozzie Russ as specifically set forth in the Injunction, both of whom are parties to this matter, or if the Injunction requires that the Clerk issue marriage licenses to all same-sex couples who apply once the stay expires at the end of the day on January 5, 2015,” lawyers for Washington County Clerk Lora Bell wrote to Hinkle on Tuesday.  When Hinkle declared Florida’s same-sex marriage ban unconstitutional on Aug. 21, he ordered “the defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply” the ban.

And the mess rolls on.

UPDATE: Whoa. Hinkle is pissed.

I stayed the preliminary injunction until 91 days after stays were denied or lifted for three specific decisions of federal courts of appeals. The United States Supreme Court and those courts of appeals lifted their stays. By its terms, my original stay was set to expire at the end of the day on January 5, 2015. The defendants filed motions to extend the stay in this court, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court. The defendants lost all the motions. Unless a court reconsiders—an unlikely possibility—the stay will end on January 5. From January 6 forward, compliance with the injunction will be mandatory.

Read the full order.

Headline Of The Day

Via the Tallahassee Democrat:

Susan Hemeryck, 54, told two Florida Department of Law Enforcement Capitol Police officers that she was "sorry and had to take down the Satanic display," because it was "not right" before she attempted to tear it about 11:30 a.m. Hemeryck then tried to remove the display. Officers stopped her and told her to put it back. One of the officers explained to her that removing the display was in violation of the law. In response, Hemeryck said, she "could not take it anymore" and began to rip the display apart. She was then escorted away and placed under arrest.

There's more at Raw Story.

Merry Xmas From Brian Brown

Happy Holidays From Teabagistan

Posted today to Matt Barber's site.

Equality Florida & NCLR To Clerks: You Are Compelled To Issue Marriage Licenses

Equality Florida and the National Center for Lesbian Rights today issued a joint memo to all 67 Florida county clerks. From the concluding paragraph:

Florida county court clerks should follow Judge Hinkle’s ruling and issue marriage licenses to same-sex couples beginning January 6, 2015. The advice provided to the Clerks Association in legal memoranda from a private law firm is incorrect in key respects, including in failing to acknowledge that: (1) a federal court order is binding not only on the parties to the case, but also on all “persons who are in active concert or participation with” any of the parties; (2) non-party government officials may choose to comply with a federal district court ruling that a law is unconstitutional, even when they are not technically bound by the ruling; (3) an unconstitutional law is void and unenforceable; and (4) county clerks who follow Judge Hinkle’s ruling could not be held criminally liable for doing so because they would not have the required specific criminal intent.

Read the full memo.

The Most Wonderful Time to be Queer

From the morning radio team at Denver's KS107 FM.

(Tipped by JMG reader Don)

Merry Christmas From NARTH

If there's a message here, I'm not getting it.

(Tipped by JMG reader Jay)

Florida Surpasses New York In Population

Via the Orlando Sentinel:

First it was this: Orlando beat New York City as the first city to top 50 million visitors. Census figures released Tuesday show Florida passed New York as the nation's third largest state with an estimated population of 19.9 million. New York, now fourth, has 19.7 million. "There are a lot of benchmarks, but this is the biggest one. This puts an exclamation point on it," said William H. Frey, a demographer with The Brookings Institution in Washington DC. Frey says the milestone caps a decades-long trend of northern migration to the South. In 1950, Florida was a fifth the size of New York. In 1980, New York was about twice as big as Florida. Florida's population of 19.9M makes it third-largest in U.S. Florida has passed New York as the nation's third largest state, according to population estimates released by the U.S. Census Bureau. "It's a symbol of a half-century of Snowbelt to Sunbelt growth," Frey said.

California: 38.8M, Texas: 27M.

US Drops Gambia From African Trade Agreement Over Anti-LGBT Abuses

J. Lester Feder reports at Buzzfeed:

The United States on Tuesday dropped the Gambia from a popular free trade agreement in response to a crackdown on LGBT rights and other human rights concerns. The decision to drop the small West African nation from special trade status under the African Growth and Opportunity Act of 2000 came late Tuesday afternoon, just after media in the Gambia announced that three men would be put on trial for homosexuality. These are the first to face trial since police began arresting people on allegations of homosexuality in November. At least 16 more are known to be in detention, and Gambian human rights activists do not know if they are even still alive. The move comes after Gambian human rights activists were able to secure their first meetings with high-ranking U.S. officials after years of unsuccessfully trying to get the State Department to respond to the abysmal human rights during President Yahya Jammeh’s 20 years in power. The meeting coincided with a petition drive launched by the largest American LGBT organization, the Human Rights Campaign, calling on the Obama administration to “take swift action against President Jammeh for his intolerable actions.”

PREVIOUSLY ON JMG: Gambia legislature approves life sentence for homosexuality. Gambian president Yahya Jammeh declares that his nation "will fight homosexuality like we fight malaria." Jammeh is named one of 2013's worst anti-gay villains by Human Rights Watch. Jammeh compares himself to Mohammed because he has "cured" 68 AIDS patients with herbs. Jammeh says no amount of foreign aid will bring LGBT rights to Gambia. Jammeh threatens to decapitate "any homosexuals found in Gambia."

TEXAS: San Antonio GOP To Vote On Resolution To Repeal LGBT Rights

Via Gay Star News:

A resolution that will be presented at the 8 January meeting of the Bexar County Republican Party’s executive committee in San Antonio is demanding the ‘repeal of our local governments’ pro-homosexual policies’. Although same-sex marriage is not legal in Texas, domestic partnership benefits were extended to same-sex couples employed by the city and county in 2011. This resolution seeks to withdraw those benefits, which it regards as ‘special rights based merely on behavior and not upon unchanging characteristics such as race, color, etc.’ The resolution urges that ‘there should be no granting of special legal entitlements or creation of special status for homosexual behavior. ‘The Republican Party of Bexar County urges the repeal of San Antonio and Bexar County Ordinances that have given special rights to homosexuals, and the repeal of city and county’s taxpayer-funded, marriage dishonoring “domestic partnership” benefits programs for government employees.’

TRAILER: Entourage, The Movie

This Is Madonna's Xmas Wreath

Seriously.

FLORIDA: State Attorney Won't Charge Clerks In Orange & Osceola Counties

Via the Orlando Sentinel:

In a move that could clear the way for same-sex couples to get married in Orange and Osceola counties in two weeks, State Attorney Jeff Ashton on Tuesday announced that he will not prosecute court clerks if they issue marriage licenses to gay and lesbian couples on Jan. 6 or after. The threat of prosecution had appeared to be the last major obstacle to same-sex couples getting married here. But a spokesman for Orange County Clerk Tiffany Moore Russell said that Ashton's decision has not changed her position. She still has no plans to issue marriage licenses to same-sex couples. Over the past two weeks, Osceola County Clerk Armando Ramirez has equivocated, at times saying that, yes, he would issue marriage licenses to same-sex couples on Jan. 6 and at others that he would not. On Tuesday afternoon he said Ashton's decision took the pressure off him. "Then I think because of that, there is no reason not to proceed issuing marriage licenses one minute after midnight Jan. 6," Ramirez said.

Florida has 20 judicial circuit districts and Ashton in the prosecutor for the Ninth Circuit. If his name seems familiar, that's probably because he was the co-prosecutor in the case of Casey Anthony, the Orlando woman whose trial for murdering her daughter became a social media sensation.

The Interview Gets Limited Run

Here's the list of theaters.

ARKANSAS: AG To Appeal Stayed Marriage Equality Ruling To Eighth Circuit Court

Back in May, Arkansas Attorney General Dustin McDaniel declared that while he personally supports same-sex marriage, he would be defending his state's ban. Today he announced his intent to appeal last month's stayed ruling to the Eighth Circuit Court.

McDaniel had said previously he would wait to make a decision on an appeal until the Arkansas Supreme Court ruled in a separate case challenging the state's bans on same-sex unions. That court has not yet released its decision. “I had hoped that the Arkansas Supreme Court would rule in Wright v. Smith prior to the deadline to file notice of appeal in the federal case," McDaniel said in a statement. "Had they done so, their guidance would have been helpful. Because it appears that the Arkansas Supreme Court will not announce its decision before December 26, which is the deadline to submit a notice of appeal in the federal case, I believe it is necessary to file this notice, in keeping with my obligation to oppose all challenges to our State Constitution." Online federal court records show a notice of appeal was formally filed shortly before 2 p.m.

MAP: Our Historic Year For Marriage

Embiggen the above map from Freedom To Marry and marvel at this year's progress. As seen in the graphic below, even more action is coming early in 2015.

FDA Eases Gay Blood Ban, Donations Allowed After One Year Of Celibacy

Via Reuters:

Gay men will be able to donate blood one year after their last sexual contact, the U.S. Food and Drug Administration said on Tuesday, under a proposal that will be introduced early next year to end a ban that has been in place since 1983. Scientific evidence shows the move will not create risks for the nation's blood supply, the FDA said. The policy change is expected to boost the supply of donated blood by hundreds of thousands of pints per year. Blood donations from gay men have been barred since the discovery that HIV, the virus that causes AIDS, was being transmitted through transfusions.

The FDA said it will issue draft guidance on the policy, hopefully early in 2015. It would then review the comments and issue final guidance "as quickly as possible," Peter Marks, deputy director of the FDA's Center for Biologics Evaluation and Research, said during a press briefing. An FDA advisory committee met this month to discuss issues around changing the policy, such as the effectiveness of new blood supply tests for HIV infections. In November, an advisory committee to the U.S. Department of Health and Human Services recommended a one-year deferral. The FDA stopped short of eliminating the ban for gay men altogether. Marks said during the briefing that scientific evidence for a ban shorter than a year was not "compelling."

The ACLU has slammed the change:

"The FDA's proposal must be seen as part of an ongoing process and not an end point," said Ian Thompson, ACLU Legislative Representative. "The reality for most gay and bisexual men -- including those in committed, monogamous relationships -- is that this proposal will continue to function as a de facto lifetime ban. Criteria for determining blood donor eligibility should be based on science, not outdated, discriminatory stereotypes and assumptions." The FDA blood donation policy, which has been in place since 1983, prohibits any man who has had sex with another man, even one time, since 1977 from donating blood. The American Civil Liberties Union previously submitted comments urging the FDA to reassess its policy based on current scientific evidence.

Similar sentiments from Lambda Legal:

This is a step in the right direction, but blood donation policy should be based on current scientific knowledge and experience, not unfounded fear, generalizations and stereotypes. Merely changing the parameters of this outdated policy does not alter its underlying discriminatory nature, eliminate its negative and stigmatizing effects, nor transform it into a policy based on current scientific and medical knowledge. Within 45 days of exposure, currently required blood donation testing detects all known serious blood-borne pathogens, including HIV. Therefore, a deferral of more than two months--for anyone--is not necessary and does not noticeably enhance the safety of the blood supply. Furthermore, donor deferrals should be based entirely on the conduct of the potential donor and not on sexual orientation, gender identity or the perceived health status or risk factors of the donor's sexual partners.

The reason is straight-forward, and is a foundational principle of our prevention efforts: an adult person becomes HIV-positive--or acquires another blood-borne pathogen--only after engaging in activities that present a risk of transmission. To base deferrals primarily on prevalence within certain communities rather than behavior could serve to disqualify other segments of the population based on race, sex and where they reside--a very slippery slope toward more easily recognizable forms of illegal discrimination. If we are serious about a policy that is truly most protective of the blood supply, it will treat all potential donors the same and base any deferrals on the conduct of those potential donors within a scientifically justified 'window period' prior to donation.

IDAHO: State Ordered To Pay $400K To Lawyers For Marriage Equality Plantiffs

Via the Idaho Statesman:

Idaho must pay more than $400,000 to the team of lawyers who successfully fought to overturn the state's ban on gay marriage, a federal judge ruled. In her decision, U.S. Magistrate Judge Candy Dale awarded an amount that is about 10 percent less than what the six lawyers requested. "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.

The $400K judgment only covers work done through May. As we know, Gov. Butch Otter (seriously) has since given the plaintiffs' lawyers a lot more nonsense to respond to. (Tipped by JMG reader Alex)

Clips From Todd Starnes' Xmas Special

And Now The Feats Of Strength

FLORIDA: All Tampa Bay County Clerks To Refuse Gay Marriage License Applicants

All four Tampa Bay-area county clerks say they will turn away same-sex marriage license applicants.

Pinellas Clerk of Court Ken Burke expects same-sex couples will show up to his office Jan. 6 to seek a marriage license. At this point, they will leave empty-handed, and so will couples who try in Hillsborough, Pasco and Hernando counties. "We're sympathetic but we have to follow what we know is the direction of the court, based on advice from our legal counsel," Burke said Monday, three days after a decision by the U.S. Supreme Court that gay marriage advocates say clears the way for clerks throughout the state to marry same-sex couples. Gay-rights groups on Monday vowed to take legal action against Florida clerks who deny licenses to couples on Jan. 6. That's the day after a federal judge's stay on a ruling striking down the ban on gay marriage expires.

Yesterday Miami-Dade County Clerk Harvey Rubin, the losing defendant in Equality Florida's case, asked the Eleventh Circuit Court to clarify the details of the stay's expiration.

ORLANDO: Mayor Buddy Dyer To Officiate Mass Gay Wedding At City Hill

But there's a big catch. Via the Orlando Sentinel:

Orlando Mayor Buddy Dyer has agreed to officiate at a big same-sex wedding at City Hall on Jan. 6, the first day a federal judge has cleared gay and lesbian couples to lawfully get married in Florida, according to a local business association. According to the association, the City Hall event is scheduled for 9 a.m., but Dyer's office said the timing would depend on if and when the Orange County Clerk's office grants the marriage licenses. Couples in Florida must find a Florida clerk to grant them the licenses. Orange County Clerk Tiffany Moore Russell and others have said they won't, following the advice of a Tallahassee law firm that warned last week that they could be arrested and charged with a misdemeanor if they do. A spokesman for Moore Russell on Monday said she was still studying the issue.

Editorial Of The Day

From the editorial board of the New York Times:

Any credible investigation should include former Vice President Dick Cheney; Mr. Cheney’s chief of staff, David Addington; the former C.I.A. director George Tenet; and John Yoo and Jay Bybee, the Office of Legal Counsel lawyers who drafted what became known as the torture memos. There are many more names that could be considered, including Jose Rodriguez Jr., the C.I.A. official who ordered the destruction of the videotapes; the psychologists who devised the torture regimen; and the C.I.A. employees who carried out that regimen. [snip]

Starting a criminal investigation is not about payback; it is about ensuring that this never happens again and regaining the moral credibility to rebuke torture by other governments. Because of the Senate’s report, we now know the distance officials in the executive branch went to rationalize, and conceal, the crimes they wanted to commit. The question is whether the nation will stand by and allow the perpetrators of torture to have perpetual immunity for their actions.

Hit the link and read the full piece.

TRAILER: Better Call Saul

The spinoff of Breaking Bad.

(Tipped by JMG reader Alan)

New Tide Commercial Stars Gay Couple

(Tipped by JMG reader Gordon)

Alec Baldwin Vs Twitchy

Twitchy writes: "Let’s talk repulsive. Nearly three years after Andrew Breitbart’s tragic death, Alec Baldwin’s still lashing out at the amazing and brilliant man he could never hope to be."

FRC Issues Year-End Money Beg

"FRC needs to finish 2014 strong so we can start 2015 stronger than ever—rallying Americans and the new Congress to stand against perhaps the biggest threat to faith, family and freedom in decades. That threat is the increasing lawlessness—the Executive Tyranny—of President Barack Obama. Consider what he’s done: Imposed an executive order telling thousands of businesses—regardless of whether they are owned by people of faith—to either affirm the homosexual agenda or lose all business contracts with the federal government. As the year closes, we need your help to reach our $3.2 million goal so we can stand against such lawlessness. As you prepare to celebrate the birth of Christ, donating to FRC’s 2014 Year-End Campaign is one of the best ways I know to honor your faith and values as you stand together with us for His truth, His values, and to keep the radical Left from taking away our rights to live and think freely as Christians." - Hate group leader Tony Perkins, via email.

SCOTUS To Consider Four More Marriage Cases At January Conference

We already know about Louisiana and now four more have been added. Via Chris Geidner at Buzzfeed:

The Supreme Court is set to consider on Jan. 9 whether it will hear appeals of same-sex couples’ marriage challenges in cases out of five states, one of the legal teams representing the couples told BuzzFeed News on Monday. “The Tanco [Tennessee case] petition will be considered at the Court’s January 9 conference, along with … petitions filed by the plaintiffs in Michigan, Ohio, Kentucky, and Louisiana,” National Center for Lesbian Rights spokesperson Erik Olvera told BuzzFeed News on Monday afternoon. The plaintiffs and marriage equality advocates alike hope the petitions will provide the Supreme Court with the chance to take a case to resolve the issue nationally with a ruling that would apply across the country.

More from SCOTUSblog:

At issue in the Sixth Circuit cases is a ruling by the appeals court for that region, upholding all of the bans on same-sex marriage licensing or recognition in the four states. At issue in the Louisiana case is a decision by a federal trial judge in New Orleans upholding that state’s ban on licensing and recognition. If the Court takes an initial vote on the cases, on the question of granting or denying review, when it returns in January from a winter recess, and ultimately grants review, the cases could be scheduled for briefing, oral argument, and a final decision in the current Term, which runs through late June or early July. The distribution of the four Sixth Circuit cases for the January 9 Conference is not yet reflected on the Court’s electronic docket, but is expected to be entered there on Tuesday. The docket does reflect that scheduling for the Louisiana case.

CANADA: Porno Pete Found Innocent

Via the CBC News:

Anti-gay activists Peter LaBarbera and Bill Whatcott have been found not guilty of mischief. In April, LaBarbera, a U.S. citizen with a group called Americans for Truth about Homosexuality and Whatcott, a longtime anti-gay crusader in Saskatchewan, got into trouble while distributing literature on the campus. A university official asked the two to leave. They refused, police were called, and they were taken away in handcuffs. Later they were charged with mischief under the Criminal Code. Today, Bill Whatcott reacted to the not guilty ruling by saying he'll return to the campus some time next year.

Mat Staver: "Ex-Gay" Torture Bans Are An Assault On Almighty God

Lennon Or McCartney?

Over 500 celebs answer the eternal question.

My Money's On Matt Barber

Joe Cocker Dies At Age 70

Famed British singer Joe Cocker, whose gravelly voice and flailing stage presence launched countless impersonations, has died at the age of 70.

The singer song-writer from Sheffield had a career lasting more than 40 years with hits including You Are So Beautiful and Up Where We Belong. His agent Barrie Marshall confirmed that he had died of an undisclosed illness. He said he was "simply unique" and "it will be impossible to fill the space he leaves in our hearts." Known for his gritty voice, Cocker began his singing career in the pubs and clubs of Sheffield in the 1960s before hitting the big time. He was propelled to pop stardom when his version of The Beatles' With A Little Help from My Friends reached number one. His duet with Jennifer Warnes, Up Where We Belong - from An Officer And A Gentleman - hit number one and went on to win both a Grammy and an Academy Award.

ARGENTINA: Court Grants Some Legal Rights To Orangutan Living In Zoo

Via the BBC:

A court in Argentina has ruled that a shy orangutan who spent the last 20 years in a zoo can be granted some legal rights enjoyed by humans. Lawyers had appealed to free Sandra from the Buenos Aires zoo by arguing that although not human, she should be given legal rights. They had argued that she was being illegally detained. If there is no appeal, the ape will be transferred to a sanctuary in Brazil where she will enjoy greater freedom. The singular case hung on whether the animal was a "thing" or a "person". In December a New York State court threw out a request to free a privately owned chimpanzee arguing that the animal was property and had no legal rights.

A local animal rights activist reacts: "This opens the way not only for other Great Apes, but also for other sentient beings which are unfairly and arbitrarily deprived of their liberty in zoos, circuses, water parks and scientific laboratories."

Final Cut: Movies Of 2014 Mashup

(Via Towleroad)

Headline Of The Day

Details.

Prop 8 Backers: SCOTUS Will Reject Gay Marriage So Send Us Lots Of Money

"I am confident that the Supreme Court will uphold the states’ rights to define marriage. Even as Justice Anthony Kennedy wrote the majority opinion striking down the federal Defense of Marriage Act (DOMA) in 2013, he did so because it infringed upon the states’ authority over marriage. He relied on the states’ 'essential authority to define the marital relation,” and our nation’s 'history and tradition of reliance on state law to define marriage.' As a key swing vote on the Supreme Court, Justice Kennedy’s viewpoint could very well determine the outcome here. That’s why I believe the Supreme Court will ultimately rule in our favor. And when it does, we need to be ready for a nationwide 'comeback' for traditional marriage.

"If you’re like me, you probably feel as though the last couple of years have been especially dark times for marriage and the family in America. The traditional, natural family unit has been under relentless attack; and liberal, unelected judges have run amok in attempting to reform society as they see fit by judicial fiat. The legitimacy of the courts is more precarious than ever. But great victories often emerge from the darkest of times. This battle is not yet lost. I still have hope that traditional marriage will be restored in California. Do you? If you would like to help us prepare for the coming challenges, we welcome your tax-deductible and confidential contribution of any size." - Andy Pugno, head of Protect Marriage.

Tylenol Holiday Ad Features Two Moms

A take on modern versions of "Norman Rockwell" families.

(Via Bilerico)

WASHINGTON: Mayor Vincent Gray Signs DC's "Ex-Gay" Torture Ban Into Law

Via press release from NCLR:

Today, Washington D.C. Mayor Vincent Gray signed a bill that protects youth and their families from the dangerous and discredited practice of conversion therapy. D.C. is among a growing number of states to pass or consider such laws, which reflect the unanimous view of medical, mental health, and child welfare experts that attempts by therapists to change a young person’s sexual orientation or gender identity are ineffective and unsafe, putting youth at risk of severe depression and suicide attempts.

California and New Jersey have already enacted similar laws, and more than a dozen states have introduced legislation similar to that enacted in D.C. Both the Ninth and Third Circuits have rejected attempts by anti-LGBT organizations to challenge the laws, holding that they are a valid exercise of states' authority to protect public health and safety.

“This law ensures that mental health practitioners can no longer abuse their power to harm young people and families by propagating the dangerous lie that there is something wrong with being LGBT or that therapy can change their core sexual orientation or gender identity,” said National Center for Lesbian Rights Staff Attorney and #BornPerfect Campaign Coordinator Samantha Ames. “By signing this bill into law, Mayor Gray has taken an important step to protect the health and safety of LGBT youth and to prevent unscrupulous therapists from preying on vulnerable families.”

Matt Baume: Marriage News Watch

Clip recap: "Florida clerks can start issuing marriage licenses to gay couples in January -- but if they do, they could risk arrest and jail time. An anti-gay group in Hawaii is still trying -- and failing -- to stop marriages. And things are still looking bad for the National Organization for Marriage."

Quote Of The Day - Shannon Minter

"Any Florida clerk who refuses to follow the Constitution's command and who withholds marriage licenses from couples once the stay expires is on the wrong side of history and the wrong side of the law.  A discredited memo from a law firm won't provide much protection against the risk of being sued for unconstitutional actions and being held liable for any damages - and attorney fees - incurred by couples as a result of withholding the freedom to marry. There is one Constitution, Florida is one state, and all Floridians are entitled to equal treatment throughout the state." - Shannon Minter, Legal Director for the National Center for Lesbian Rights, via press release.

Sarah Palin: Merry Christmas And Buy My Book Of Holiday Word Salad

Her chili is "really, really, really, really" good.

(Tipped by JMG reader Richard)

EGYPT: At The Bathhouse Raid Trial

Earlier this month 26 men were arrested in a police raid on a Cairo bathhouse. Veteran activist Scott Long was in the courthouse yesterday for the opening of the trial. An excerpt:

Police opened the courtroom doors at about 1:40 and let 60 or 70 people press through. The next twenty minutes were pure chaos. Guards hustled the cowed defendants in, bowed and chained in a line at the wrists, while the bailiff at the door beat them over the shoulders. The men were locked in the courtroom cage. Then, having admitted the families to see their sons humiliated, the guards decided to throw them out. This I remember from the Queen Boat trial in 2001 — the first time I ever attended a court in Egypt: in high-profile cases, the families are brutally barred from the hearing, while journalists are let in, as if the state wants to show off its achievements. The screaming and wailing were unbearable. To call the scene heartrending gives life to the cliché. Even my old heart, ragged as an ancient land deed, was shredded to scraps and kindling. One mother, while the cops forced her out of the room, shouted to her son in the cage: “Remember you’re a man! Don’t be afraid! Don’t be afraid of anyone except God!” Another woman had come with a daughter and a boy of about 10. The child cried uncontrollably as he crouched on the benches, and he cried still more as he watched his mother manhandled and thrown out just before he was.

Hit the link and read the full report.

Dr. Evil Drops In On SNL

Editorial Of The Day

From the editorial board of the New York Times:

American officials have had few opportunities to support Cuba’s gay rights evolution and have been conflicted on how to handle Ms.[Mariela] Castro. When the Philadelphia-based Equality Forum nominated her for an award last year, American officials initially said they would not give her a visa. After the group protested, they relented. Ms. [Yasmin] Machado said most gay rights activists on the island have not accepted support from Washington because its policy toward Cuba was predicated on regime change. “While the United States is the enemy of our state, we can’t work with them,” she said recently in an interview in Havana. “Any support you receive makes you a traitor.” That entrenched view has stymied American efforts to promote things such as freedom of assembly and freedom of the press. President Obama’s changed policy will make engagement with Americans more palatable.

Exorcism Of The Day

Clip recap: "Bob confronts Pamela’s demons and it turns into a physical and spiritual wrestling match. The demons Beelzebub and Baal resist with satanic tenacity. Watch until the end to see which demon was hiding!"

Wut?

Elton John & David Furnish Get Married

Via the Guardian:

Sir Elton John and David Furnish have officially married – exactly nine years after they tied the knot in a civil partnership ceremony. The veteran musician married his partner at their Windsor estate on Sunday, with a number of stars expected to attend the ceremony. John has posted a photo of himself, pen in hand, sitting next to Furnish at a desk, with a piece of paper in front of them, and wrote: “That’s the legal bit done. Now on to the ceremony! ShareTheLove DavidFurnish”. John took to Twitter on Saturday to direct people to the couple’s Instagram accounts, tweeting: “Join Elton John and David Furnish as we share special moments from our Wedding tomorrow £ShareTheLove”.

The couple is adding more photos to their Instagram account.