Gay Marriage Ban Unconstitutional!

POLS UPDATE: The Denver Post reports:

Judge C. Scott Crabtree pulled no punches in his 49-page ruling, saying the state's voter-approved ban "bears no rational relationship to any conceivable government interest."

The ruling makes Colorado the latest in a string of 16 states that have seen their bans on same-sex marriages tossed out by state and federal judges.

The ruling came as another judge in Boulder County considered a request by Attorney General John Suthers to stop a county clerk from issuing marriage licenses to gay couples. And last week, attorneys filed a federal lawsuit seeking to challenge Colorado's gay marriage ban.


Today in Adams County, Judge Scott Crabtree, an Owens appointee and former DA declared Colorado's gay marriage ban unconstitutional under both the due process and equal protection clauses of the US Constitution.  Unfortunately he stayed his opinion pending appeal.

Interestingly his opinion held that the recent passage of civil unions was just another discriminatory act by Colorado against gays.  He held that the right to marry is a fundamental right as many courts dating back to 1888 have so ruled.  He ruled that the argument that prohibiting gay marriage was to protect the state's interest in pro-creating was a pretext for discrimination.  He then goes on to quote Mark Paschall and Doug Dean (to of the most notorious right wing fruitcakes in the legislature) making outrageous remarks as further support for the fact that these new arguments are a pretext, calling them a "fabrication."

He found that the states interest in pro-creation was "post hoc in response to litigation."

He also dismissed the personal claims against Hickenlooper under the Federal 1983 act for continuing to enforce the law.

Congrats to all marriage supporters.


DailyKos Reporting NRA Donation

Just received the email below:


Bad news, Chris . With only six days until two Colorado Democrats face recall elections for daring to help pass new gun safety laws, the NRA just dropped another $250,000 to kick those Democrats out of office.

Both Democrats are locked in races that are too close to call. We need all hands on deck to help get out the vote and beat back the rush of right-wing fear mongering.

Can you knock on doors to help get out the vote for Colorado Democrats?

Yes! I can knock on doors in Pueblo for Democrat Angela Giron!

Yes! I can knock on doors in Colorado Springs for Democrat John Morse!

Sorry, I can’t knock on doors, but I can chip in $3 to help others get out the vote.

The NRA and the Koch brothers-funded Americans for Prosperity have been hammering Democrats Angela Giron and John Morse for weeks, but Giron and Morse are still neck-and-neck. These races will come down to turnout and we need everyone out there knocking on doors to make sure voters have the information they need to get to the pol


 At least we know that the NRA believes that they haven't won this thing yet.  As DailyKos says, it all depends on turnout.


Breaking – It’s Official – GOP Controls House

Just minutes ago, the Jefferson County Clerk announced the official final results of the one outstanding race for the State House.

The final results includs resluts for one race that has garnered statewide interest in State House District 29.   The final results were:

Debbie Benefield (D)     12,541

Robert Ramierz (R)       12,738″

So Ramierz won by 197 votes.  The Republicans control the State House 33-32.  No mandatory recount is required under state law.    


Media Doesn’t Do It’s Job, Buck Lies

What a surprise.  When the revelations about the rape case first came out, the newspapers told us that the call where the rapist admitted the rape couldn’t be used in court.  I challenged this assertion at the time…

Nobody wanted to believe me, the Buck apologists challenged me and the media didn’t do its’ job in checking this out.  

Well, gues what folks, I was right!!!

The reality is that the call to the rapist from the victim was totally admissible in court.  It’s just that Ken Buck had another agenda.

How do I, a civil lawyer know this the Buck people will ask?  Well, I will now tell you.

I had the priviledge this week of being chosen to sit on a jury.  Not just in the jury pool, but sit on a jury and decide the fate of a real life defendant and a real life accuser.  I was there.

Guess what, this kind of stuff is used all the time.  The type of call that the victim made in the Buck rape case even has a name.  It’s called a “Pre-Text” call.  The Lakewood Police Department even has a special room for making “Pre-Text” calls and special software to make and record the call.  My guess is that the Weld County District Attorney of the police department in Greeley has the same thing.

Here’s what happens.  The victim sits with a cop in a special room.  The cop dials up a service and enters a code and a case number and the victim’s phone number.  The outside service dials the number of the alleged perpetrator and makes it appear on the perpetrator’s phone like the call was coming from the victim’s cell phone number.  The number of the alleged perpetrator is dialed.  A conversation takes place.  The victim tries to get the alleged perpetrator to admit his crime.  The cop gives the victim questions to ask to make sure that the cop get what the cop needs to make a case.  The call is recorded.  

This is how the call to Buck’s alleged rapist was made. Apparently someone on Buck’s team has fed a line of crap to the reporters that this tape is inadmissible.  This makes it seem like it was less likely that Buck could suceed in his rape case and makes it seem more likey that what Buck did in this case was a judgment call which the DA can make.  

The press, as usual, swallows hook, line and sinker the crap that Buck’s people feed to them.  They don’t even bother to check out whether the tape could be used in court.  They just assume what the Buck people told them was true.  You all assumed it too.

Well guess what, it’s not true.  How do I know this?????

I got put on a criminal jury in an agravated incest case.  Guess what the main piece of evidence was?  You got it, a tape of a “Pre-Text” call between father (alleged perpetrator) and daughter (alleged victim) where the cop was listening in and recording the call.  These calls can be entered into evidence, just like I questioned weeks ago.  The jury listened to this tape several times.  It was a crucial part of the evidence.  Buck, your people fed the press a load of crap and they didn’t do their job.

So, shame on you Colorasdo media for not doing your job.  Buck could have prosecuted this case and had a tape where two times the pepetrator admitted that he had sex with the victim without her consent.   No doubt he at the very least would have plead to some charges or been convicted.  The guy admitted it.

Shame on you Buck.  You have lied.  You got a lot of explaining to do.  Why didn’t you prosecute this case when you had the rapist’s admission that he raped this woman and could have used it in court?  My guess, you didn’t because you didn’t like the victim who had fornicated before marriage and who you thought had had an abortion.

Buck, you are scum.  Media, you are just not doing your jobs.  I am seething.  It was only by luck that I found this out.  

Bennet people, you are stupid for not having followed up on this sooner.  Your commercials on this issue could have been much more forceful and damning.

And to the rape victim, I personally apologize that the system has failed you and that no one would listen to you.  


Mularkey to Retire

At 3:47 pm this afternoon, Chief Justice Mary Mularkey of the Colorado Supreme Court announced her retirement from the Court effective November 30, 2010.

The nominating commission will meet this summer to send three names to the Governor to apppoint a new associate justice to serve a two year provisional term.

My only response is so there John Andrews.