WEST VIRGINIA: Alleged Gay-Bashing College Football Star Booted From Team

Via Yahoo News:

Hours after his arrest for allegedly beating two gay men who kissed in the street, Marshall running back Steward Butler has been dismissed from the program. Butler turned himself to police Wednesday morning in connection with the April 5 incident and school athletic director Mike Hamrick and head coach Doc Holliday announced his dismissal just before 3:30 p.m. Earlier in the afternoon, the school announced Butler’s indefinite suspension. However, after learning of “additional information regarding his charges,” Hamrick and Holliday took things a step further and dismissed Butler. Butler, who is facing two misdemeanor battery charges, is accused of beating two men after they kissed at 5th Avenue and 9th Street in Huntington. According to The Herald-Dispatch, Butler “witnessed the kiss, exited a passing vehicle and proceeded to shout derogatory words toward both men related to their sexual orientation.” Butler then allegedly hit both victims in the face with a closed fist.

Reaction on the above coach's Twitter feed has been mostly positive.

WEST VIRGINIA: College Football Star Charged With Assault On Gay Couple

Via USA Today:

Marshall running back Steward Butler was arrested early Wednesday on battery charges that he beat a same-sex couple. According to the Huntington Police department, the incident occurred on April 5th in downtown Huntington, when the two male victims exchanged a kiss on the street. Butler was a passenger in a vehicle that was driving by and stopped. He exited the car and began shouting derogatory comments about their sexual orientation. Butler then hit both victims with a closed fist. He was arrested, charged with 2 counts of battery and has been released on a $10,000 bond. "The FBI is conducting a hate crime investigation related to the incident," said Huntington (W.V.) chief of police Joe Ciccarelli.

Marshall University officials say they are investigating the incident and will "handle the matter internally and appropriately." Butler was the nation's third-leading college rusher in the last season.

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

WEST VIRGINIA: GOP Senate Leader Says "No Way" To Ban On LGBT Rights

Via the Associated Press:

Majority Leader Mitch Carmichael says there's "no way" the Senate will consider a proposal to nullify local ordinances that protect gay and transgender people from housing and employment discrimination. The Jackson County Republican made the remarks Thursday to the AP. The West Virginia Intrastate Commerce Improvement Act would prohibit any local nondiscrimination ordinances stricter than state law. West Virginia doesn't include gay and transgender housing and employment protections. A House committee cleared the bill Wednesday. Five cities, including Charleston, have similar nondiscrimination ordinances. Republican bill sponsor Del. Karen Arvon said rules should be uniform and predictable. Democratic Del. Stephen Skinner, the only openly gay state lawmaker, said it's "legislative gay bashing." The House has a public hearing on the bill Friday. A similar law took effect this week in Arkansas.

BOOM! And from a Republican. Double boom!

WEST VIRGINIA: Statewide LGBT Rights Ban Advances Out Of Committee

Del. Karen Arvon's bill to ban LGBT rights across West Virginia just advanced out of its initial committee hearing.

WEST VIRGINIA: Let's Copy Arkansas!

West Virginia state Rep. Karen Arvon (R-Duh) has introduced a bill that is pretty much identical to the Arkansas law that forbids all municipalities from enacting LGBT rights ordinances. 

A BILL to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article relating to creating the West Virginia Intrastate Commerce Improvement Act; and ensuring that businesses, organizations and employers doing business in West Virginia are subject to uniform nondiscrimination laws and obligations. (a) No county, municipality or other political subdivision may adopt or enforce a local law, ordinance, resolution, rule or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law. (b) Any local law, ordinance, resolution, rule or policy adopted before the operative date of this act that violates subsection (a) of this section shall be null and void.

Just two weeks ago the smallest town in the state, Thurmond (population: five), voted unanimously to approve a sweeping LGBT rights bill. Similar ordinances exist in several other West Virginia towns including Charleston, the state capital. Arvon's bill would void all those laws.

Matt Baume: Marriage News Watch

Clip recap: "Over the last week, states have been winning the freedom to marry at such a fast pace that it's hard to keep up. AFER has conclusively won its marriage case. Cases in four other states have ended in victory. The Ninth Circuit has expanded marriage in several more states. It's been a pretty terrible week for the National Organization for Marriage. But a pretty great one for freedom, liberty, and equality."

West Virginia Haters Have The Sadz

"Our heavenly Father didn't take homosexuality lightly in the Bible's account of Sodom & Gomorrh, nor did He give the Isralites a pass when they choose pagan ways over His Commandments. America should brace herself as we see the mighty hand of God give us our just due. (Jud 1:7-10 & Rom 1:21-32). Christians' civil rights will be trounced by this new marriage law. Civil law on marriage will have to be rewritten. This will be a field day for WV's trial lawyers against Christian business owners, landlords and eventually churches. Thanks Governor Tomblin for siding with immorality and deviancy. Children will probably suffer the greatest loss as they are adopted into the new homosexual social experiment of same sex parenting. This is premeditated child abuse, sanctioned by Governor Tomblin and every democrat legislator that denied voters a stronger marriage amendment." - The West Virginia Family Foundation, writing on their Facebook page.

WEST VIRGINIA: Marriage Licenses Begin!

Chris Bostic and David Epp. First couple to fill out a marriage certificate in Kanawha Co. #wsaz pic.twitter.com/QUssJz7qAm
— Shannon Houser (@ShannonWSAZNews) October 9, 2014

Kanawha County is the most populous in West Virginia and is home to the state capital of Charleston.

UPDATED: Wikipedia Marriage Map

West Virginia just went dark blue and Nevada should join the party this afternoon. Zoom, zoomity, zoom!

BREAKING: West Virginia AG Drops Defense Of Same-Sex Marriage Ban, Gov Orders State Agencies To Comply

West Virginia Attorney General Patrick Morrisey today announced that he will no longer defend his state's constitutional ban on same-sex marriage. Gov. Earl Ray has ordered the issuing of marriage licenses.

Morrisey’s office indicates the attorney general disagrees with the Supreme Court decision, but respects that it sets legal precedent for West Virginia. “While we disagree and believe it improperly displaces state and local decision-making, we will respect it,” he said in the prepared release. “It is my duty to defend state laws that have been passed by the state Legislature and are consistent with the Constitution. We have discharged this duty faithfully.” There were no immediate details released regarding when marriage licenses will be issued to same-sex couples, although Gov. Earl Ray Tomblin issued a press release indicating he has directed state agencies to comply. “Recent rulings make it clear that laws banning same-sex marriage have been declared unconstitutional,” Tomblin said in a prepared release. “Our state is known for its kindness and hospitality to residents and visitors alike. I encourage all West Virginians—regardless of their personal beliefs—to uphold our statewide tradition of treating one another with dignity and respect.”

Time for another Wikipedia map update!

UPDATE: Lambda Legal takes a well-deserved victory lap.

“West Virginia’s same-sex couples should be able to marry immediately and we invite people to be in touch with Lambda Legal’s Help Desk if they encounter any difficulty getting a marriage license or having it respected,” [senior staff attorney Janet] Loewy added. Lambda Legal filed this lawsuit in October 2013 on behalf of three same-sex couples and the child of one couple, arguing that West Virginia’s marriage ban unfairly discriminates against same-sex couples and sends a purposeful message that lesbians, gay men, and their children are undeserving of the legal sanction, respect, protections, and support that different-sex couples and their families are able to enjoy through marriage. The plaintiffs include: Nancy Michael, 45, and Jane Fenton, 43, together for 16 years, and their six-year-old son, Drew; Casie McGee, 30, and Sarah Adkins 32, together for more than three years; and Justin Murdock, 32, and William Glavaris, 31, together for more than two years.

WEST VIRGINIA: Federal Judge Lifts Marriage Stay But Issues No Final Ruling

Via the Huntington Herald-Dispatch:

U.S. District Judge Robert C. Chambers his lifted his stay, clearing the way for arguments and proceedings to resume in a federal lawsuit targeting West Virginia’s ban on same-sex marriage. The order delivers a partial victory three, same-sex couples who urged Chambers to lift the stay Monday in light of a Supreme Court decision rendering such marriage bans unconstitutional. But Chambers’ early afternoon order does not rule in the plaintiff’s favor as to the final outcome. Instead, the judge noted the couples’ arguments and asked attorneys for West Virginia Attorney General Patrick Morrisey, Cabell County Clerk Karen Cole and her counterpart in Kanawha County to file a response within 14 days. It then provides a brief time for the couples’ attorney to file a final response before oral arguments ensue, if needed. That all could set up a final decision within weeks.

Fairness West Virginia is demanding that the judge make an immediate final ruling.

HRC Head Calls For Immediate "Remedial Action" In Those Other Six States

WEST VIRGINIA: Marriage Ban Case Stay Extended Until Ruling By SCOTUS

Gay means stay.

Matt Baume: Marriage News Watch

Clip recap:

Major news in Virginia this week, where the Fourth Circuit has refused to delay marriage equality for any longer. Now anti-gay defendants have asked the US Supreme Court to step in at the last minute. A judge in Tennessee has upheld that state's marriage ban, on the basis of outdated arguments regarding procreation. And over a dozen couples successfully register marriage licenses in Mississippi during a coordinated day of action.

Matt Baume: Marriage News Watch

Clip recap:

I'm back on the East Coast this week, reporting on AFER's huge victory in Virginia. The fourth circuit has upheld a ruling that the state's marriage ban is unconstitutional. There's been immediate fallout from that ruling in several nearby states. We also have new southern polling, and victory in Alaska, but only for dead people.

WEST VIRGINIA: GOP State AG Takes Wait And See Stance On Marriage Ruling

Quote Of The Day - Jon Davidson

"Today's 4th Circuit decision is not yet final. It won't be final until at least August 18th (it could be longer if a petition for rehearing is sought) and, of course, a stay of today's decision by the 4th Circuit or the Supreme Court might be sought by the clerks who defended the Virginia marriage ban. In addition, while nothing in the decision is unique to Virginia law and, once it becomes final, it will be binding precedent on the district courts in North Carolina, South Carolina, and West Virginia, the decision itself does not order the clerks in North Carolina, South Carolina or West Virginia to do anything. Nonetheless, just as the Boulder County clerk decided to allow same-sex couples to marry once the 10th Circuit issued its decision invalidating Utah's marriage ban, clerks in North Carolina, South Carolina or West Virginia might conclude that their obligation to follow the mandates of the U.S. Constitution (as now explicated by the 4th Circuit) overrides their duty to follow state law.

"The problem is that there would be some cloud over the validity of any marriages entered in derogation of state law before a final ruling governing that state has issued, as is true regarding the marriages entered by same-sex couples in Boulder and other counties in Colorado. While strong arguments exist that such marriages are valid, people need to remember that same-sex couples who married in San Francisco and Portland, Oregon before there was a ruling that those states' marriage laws were ruled to be unconstitutional saw their marriages held void. Because there is no decision yet on that precise issue in Colorado, the clerk in Boulder is warning same-sex couples who marry there that their marriages might subsequently be held to be void. So, the best advice for same-sex couples is to wait until there are final rulings unless it is worth taking the risk that the marriage might be voided (for example, if a child of the couple may be born in the interim, or if one of the members of the couple is gravely ill)." - Jon Davidson, legal director for Lambda Legal, via email.

Matt Baume: Marriage News Watch

Matt is on the road.

Freep This West Virginia Poll

On the lower right. (Tipped by JMG reader Chuck)