GODLESS WEDNESDAY: Is This Cross A "Secular Monument"?

There is a federal lawsuit ongoing around the cross shown in the image at the top of this post. A U.S. District Court judge has ruled that this large christian cross in Bayview Park in Pensacola, Florida must be removed within 30 days.

The attorneys-general of 14 states have filed an amicus brief saying that this cross is a "secular monument." Here are some excerpts:

"The mere fact that these monuments consist of crosses and other religious symbols does not negate their secular purpose or their historical and cultural significance."  

and 

"Ultimately, if it were accepted by this Court, the district court’s reasoning would threaten countless monuments across the Circuit. As detailed in the City’s appendix, state and local parks, squares, and government buildings boast veterans’ memorials that contain religious imagery, including crosses, citations to scripture, and the like."

That is exactly the point! There are so many government buildings which include religious imagery that are claimed to have "historical" and "societal" significance when the religious message is clear to others. The question is who will the federal judiciary agree with?

EYE CANDY: Dee Baker

Dee Baker is a 21-year-old model from Pompano Beach, Florida. He has a Facebook page. I think you can see why he's this week's Eye Candy model!

Hat/tip to Pop Glitz

REPORT: Racial Disparities Exist In HIV Criminalization

This will not be a surprise to anyone who has been following the story of HIV criminalization in the United States over the last few years. The Black AIDS Institute has issued a report on a new academic finding that exposes the racial disparities that exist in HIV criminalization.

Two studies—one commissioned by the Williams Institute, a think tank at the UCLA School of Law that conducts independent research on sexual-orientation and gender-identity law and public policy, and the other presented at the International AIDS Conference in Durban, South Africa, in July 2016—link the criminalization of HIV to higher rates of incarceration for PLWHA of color, and community activists confirm it.

[...]

Researchers found that while White men made up 40 percent of the people diagnosed with HIV in California, only 16 percent of them had had contact with the criminal-justice system related to their HIV status. Black men made up 16 percent of PLWHA but 19 percent of those who had contact with the criminal-justice system. They were also more likely than White men to come into contact with the system repeatedly based on their HIV status: 25 percent vs. 10 percent. Overall, White men were more likely to be released and not charged. Black women made up only 4 percent of the population of PLWHA, yet an astounding 21 percent of them had come into contact with the criminal-justice system. Researchers say that more work needs to be done to identify what is driving the racial and gender disparities. 

In July, Trevor Hoppe, Ph.D., assistant professor of sociology at the State University of New York at Albany, presented his paper "HIV: Does Race Impact Sentencing Under Criminal HIV Exposure and Disclosure Laws in the United States?" at AIDS 2016. Hoppe looked at five states—Arkansas, Florida, Michigan, Missouri and Tennessee—and found that Black men were given an average sentence of 110 months after being convicted on an HIV-specific criminal law, while White men averaged 74 months for violating the same statute. He found the greatest racial disparity in Arkansas, where Black men's sentences were double those of white men—279 vs. 140 months. "In Arkansas, Black men were sentenced to a dozen more years," says Hoppe.

There are too many examples of public policy not keeping up with the advancement of scientific knowledge about HIV transmission and, unsurprisingly, it is people of color who appear to be disproportionately impacted by this. Just ask Michael Johnson!

QUEER QUOTE: DNC Joint Statement On Trump/Rubio Appearance In Orlando Near Pulse Nighclub

MadProfessah took this picture in Columbus, Ohio on August 2, 2016

The worst mass shooting in United States history happened just under two months ago (June 12, 2016) in Orlando Florida, at a gay nightclub called Pulse. Today Senator Marcos Rubio and GOP Presidential nominee Donald Trump are 10 miles from the site of the shooting, both attending a virulently anti-LGBT event called "Rediscovering God in America." The DNC Chair Donna Brazile and DNC LGBT Caucus Chair Earl Fowlkes could not let this pass without commentary, which is today's Queer Quote:

"Instead of honoring the memory of those we lost at Pulse two months ago, Donald Trump and Marco Rubio have come to Orlando to headline a gathering of some of the nation’s most incendiary anti-gay bigots. We at the DNC join all people of good conscience in expressing our solidarity with the Orlando LGBT community as they continue to grieve the deadliest shooting in American history. We suggest Trump and Rubio disavow these anti-gay extremists who have likened gay people to Nazis and characterized HIV/AIDS as divine ‘penalties' for being gay. Failing to do so will be yet another example of the utter lack of judgment that makes Trump unfit to serve."

This blog post is not an endorsement or non-endorsement of any political candidate but is my (first-amendment protected) commentary on the appropriateness of major political figures attending an event organized by virulent homophobes so close (in time and space) to the site of the Pulse nightclub massacre where literally dozens and dozens of LGBT individuals were killed.

Worst Mass Shooting In US History At Gay Nightclub in Orlando, Florida (50 Dead, 53 Injured)

The worst mass shooting in U.S. history occurred late Saturday night at an LGBT nightclub called Pulse in Orlando, Florida. Omar Mateen, 29, has been identified as the person armed with an AR-15 and a handgun who killed 50 people and wounded 53 others.

President Barack Obama delivered a live address to the nation on the tragedy:

This is an especially heartbreaking day for all our friends -- our fellow Americans -- who are lesbian, gay, bisexual or transgender. The shooter targeted a nightclub where people came together to be with friends, to dance and to sing, and to live. The place where they were attacked is more than a nightclub -- it is a place of solidarity and empowerment where people have come together to raise awareness, to speak their minds, and to advocate for their civil rights.  So this is a sobering reminder that attacks on any American -- regardless of race, ethnicity, religion or sexual orientation -- is an attack on all of us and on the fundamental values of equality and dignity that define us as a country. And no act of hate or terror will ever change who we are or the values that make us Americans. Today marks the most deadly shooting in American history. The shooter was apparently armed with a handgun and a powerful assault rifle. This massacre is therefore a further reminder of how easy it is for someone to get their hands on a weapon that lets them shoot people in a school, or in a house of worship, or a movie theater, or in a nightclub. And we have to decide if that’s the kind of country we want to be. And to actively do nothing is a decision as well.

A very sad day indeed!

There Will Be 36! Marriage Equality Will Begin In Florida Next Week

Next week Florida will almost certainly become the 36th state where same-sex couples can get legally married when a federal judge's injunction against the Sunshine State's constitutional amendment banning marriage equality goes into effect at 5pm on January 5, 2015. U.S. District Court judge Robert L. Hinkle ruled on New Year's Day that his order applies specifically to the couple who filed before him but that his ruling makes it clear that the statute barring the issuance of marriage licenses to same-sex is unconstitutional and if clerks act based on an unconstitutional law he will entertain all such couples being added as parties to the original lawsuit.

This is how the Judge puts it:

The preliminary injunction now in effect thus does not require the Clerk to issue licenses to other applicants. But as set out in the order that announced issuance of the preliminary injunction, the Constitution requires the Clerk to issue such licenses. As in any other instance involving parties not now before the court, the Clerk’s obligation to follow the law arises from sources other than the preliminary injunction.

Hat/tip to Joe Jervis 

GRAPHIC: Polling Data On Marriage Equality 1985-2015

As 2014 comes to a close we should take stock of where we are on the question of marriage equality. Right now 35 states have marriage equality, with Florida (the 3rd largest state in the Union) going into effect on Monday January 5. That is very close to two-thirds of the population living in jurisdictions with marriage equality.

The U.S. Supreme Court is considering appeals from the states in the 6th Circuit within the next week or so and if they grant certiorari then we could have a final national determination by July 2015.

The graphic above shows the  polling data on support for marriage equality (i.e. same-sex marriage) for the last three decades. It's a pretty picture!

Hat/tip to Daily Kos

Florida Becomes 3rd Most Populous State in the Union, North Carolina Becomes #9

The news this week was that Florida surpassed New York to take the #3 spot in the list of most populous states in the country. However, there was little mention that North Carolina skipped past Michigan to take the #9 spot and #8 Georgia joined the 10 million people club.

Here is the official data from the Census:

The 10 Most Populous States on July 1, 2014

Rank

1
2
3
4
5
6
7
8
9
10

State

California
Texas
Florida
New York
Illinois
Pennsylvania
Ohio
Georgia
North Carolina
Michigan

Population

38,802,500
26,956,958
19,893,297
19,746,227
12,880,580
12,787,209
11,594,163
10,097,343
9,943,964
9,909,877

Supreme Court Refuses To Delay Florida Marriage Equality From Going Into Effect Jan. 5

Wow! The United States Supreme Court has denied Florida's request for a stay of a federal district court judge's decision ruling that Florida's 2006 state constitutional amendment banning marriage equality violates the federal constitution. The Court said that Justices Thomas and Scalia would have granted the petition for a stay.

This is a VERY big deal, because this is the first time the High Court has let marriages go into effect as a result of a mere district court decision, when there was no precedent for marriage equality in the controlling appellate circuit of jurisdiction. Florida is in the 11th Circuit, and that appellate circuit has not ruled in favor of marriage equality (and in fact has some anti-gay decision in its not too recent past). The current legal skirmish the Supreme Court decided was about what should happen while the merits of the state's appeal get determined. Almost a year ago, in Utah's marriage equality case, the Supreme Court unanimously granted a stay putting a federal district court decision in Kitchen v Herbert on hold while the 10th Circuit was considering that appeal. In both cases the appellate circuit had refused to grant the stay while they considered the appeal and the state appealed to the Supreme Court in both cases. In the Utah case, the 10th Appellate Circuit ruled against the state on the merits on appeal. Ultimately, the Supreme Court refused to hear Utah's appeal of that loss, allowing marriage equality to go into effect in the 4th, 10th and 7th circuits. The denial of a stay in Armstrong v. Brenner (the Florida case) demonstrates how swiftly the tide has turned in favor of marriage equality, even at the Supreme Court level. 11 months ago they granted a similar petition, 9-0, on Friday they denied it 2-7.

The Washington Blade reports:

In August, U.S. District Court Judge Robert Hinkle ruled against the state’s ban on same-sex marriage, known as Amendment 2, but placed a stay on his order until 91 days passed after the appeals process was completed in the Utah, Oklahoma and Virginia marriage cases. When the U.S. Supreme Court refused to review these cases, it set for date for same-sex couples to be able to marry in Florida starting Jan. 5. 

Bondi tried to extend the stay on the same-sex marriages as she continued to defend the law in court, but her requests were by denied by the district court as well as the U.S. Eleventh Circuit Court of Appeals, which ordered the stay to be lifted “at the end of the day” on Jan. 5.  

In a statement, Bondi said Florida will acquiesce to the Supreme Court’s decision to allow the stay to expire after Jan. 5 as initially ordered by the district court. 

Hat/tip to Equality On Trial

Rep. David Jolly (FL-13) Becomes 8th Republican To Endorse Marriage Equality

Congressman David Jolly, Republican of Florida, became just the 8th member of his party currently serving in Congress to endorse marriage equality today. Just like Congressman Charlie Den of Pennsylvania did this past May, Rep. Jolly announced his position in light of a recent ruling striking down his state's ban on marriage equality.

Last week, a state judge struck down Florida's state constitutional ban on marriage equality. (Since it was just a state judge, and only applied in one county, I didn't even cover the news here at MadProfessah.com). No same-sex couples were able to get married as a result of the decision.

However, the more interesting political fallout of last week's marriage ruling was that Rep. Jolly (who recently won a special election to be the newest member of Congress a few months ago) was asked about his position on marriage equality and answered thusly:

“As a matter of my Christian faith, I believe in traditional marriage," said Jolly in a statement to The Post. "But as a matter of Constitutional principle I believe in a form of limited government that protects personal liberty. To me, that means that the sanctity of one’s marriage should be defined by their faith and by their church, not by their state. Accordingly, I believe it is fully appropriate for a state to recognize both traditional marriage as well as same-sex marriage, and therefore I support the recent decision by a Monroe County Circuit Judge.”

Peculiarly, even though there are just 4 members of Congress who have endorsed marriage equality, half of them are in the Senate. Just a few weeks ago Senator Susan Collins announced she is in favor of marriage equality (which her state has had since 2012). Jolly joins his fellow Floridian Republican Congressmember Ileana Ros-Lehtinen in supporting marriage equality, which is significant since all the other House Republicans who support marriage equality represent states which already have marriage equality, something Florida does not. Yet.

POLL: Majority Support for Marriage Equality In Florida

A new poll from Qunnipiac shows that marriage equality is supported by a strong majority in Florida, less than a decade after a state constitutional ban was passed by voters with more than 60% support.

Florida voters support 56 – 39 percent allowing same-sex couples to marry, with 57 – 39 percent support among women and 55 – 40 percent backing among men. Support is 65 – 31 percent among Democrats and 64 – 30 percent among independent voters, with Republicans opposed 64 – 32 percent. Every age group supports same-sex marriage except voters over 65 years old, who are divided with 45 percent in favor and 49 percent opposed.

There is a federal lawsuit fighting for the rights of same-sex couples to get married in Florida, as there is in 45 other states at this point. There really is a race to see which state beneath the Mason-Dixon line will become the first to have marriage equality. Personally, I think it is going to be Virginia though I am pleased to see more focus on LGBT equality in the South.

2014 KEY BISCAYNE: Nole Wins Djokovic-Nadal XL, 43rd ATP Title

As I predicted on Friday, World #2 Novak Djokovic denied World #1 Rafael Nadal his chance to finally win the Miami Masters, by besting him 6-3 6-3 in a match that was never close after Djokovic survived his first (and only) breakpoint in the first game. This was the record 40th meeting between the 6-time major champion and 13-time major champion, with Nadal now leading the head-to-head 22-18 but with Djokovic having won their last three meetings and he is ahead 11-9 in finals and 14-7 on hard courts. The Djokovic-Nadal rivalry is starting to outclass (and outlast) the more celebrated Federer-Nadal rivalry since Nadal is dominating that one 23-10.


Djokovic won Indian Wells two weeks ago (by coming back from behind to nip Roger Federer in a  3rd set tiebreak) and becomes the second man to win the Indian Wells-Key Biscayne double twice in his career, following in the footsteps of  Federer who accomplished the task in 2005 and 2006. Djokovic has now done it in 2011 and 2014. In fact,  Djokovic is on  20-match winning streak at ATP Masters events, having won his last four Masters events: Shanghai 2013, Paris 2013, Indian Wells 2014 and Key Biscayne 2014. (He also won the Year-Ending World Tour Finals in 2013 and 2012 as well.) He has now won 43 ATP tour titles (out of 64 finals) and is now in 3rd place on the all-time list with 18 Masters shields, behind Federer (21) and Nadal (26). He has won Miami 4 times while Nadal has lost in the final 4 times.

The 4000-point lead Nadal had over World #2 Djokovic is going to be less than 1200 points starting on Monday and Nadal will have more points than Djokovic to defend for the rest of the year. The previous times someone one the Indian Wells-Miami double, that player ended the year at World #1.

Incredibly, either Nadal or Djokovic is now the reigning champion in all 9 of the top tier ATP Masters shield events, with Djokovic holding 5 crowns (Indian Wells, Miami, Shanghai, Paris and Monte Carlo) and Nadal 4 crowns (Madrid, Rome, Cincinnati and Canada).

Now the action switches to clay court tennis. I strongly believe this will be the year that Djokovic will finally complete the career slam by winning Roland Garros, whether he has to play Nadal or not!

2014 KEY BISCAYNE: Finals Are Serena-Li Na and Djokovic-Nadal XL

The finals of the 2014 Sony Open are set. On the men's side World #1 Rafael Nadal will face World #2 Novak Djokovic. Last week, Djokovic won the 2014 BNP Paribas Open in Indian Wells. Bizarrely, the men's final is taking place with neither player having played a semifinal. Nadal was scheduled to play Tomas Berdych, but the Czech player withdrew with a stomach virus. And after dispatching Roger Federer and David Ferrer in subsequent rounds, Kei Nishikori withdrew from his semifinal with Djokovic with a left groin injury. Nadal and Djokovic will meet for a record 40th time on Sunday, with the Spaniard leading their head-to-head 22-17.

On the women's side, World #1 Serena Williams will face World #2 Li Na after beating Maria Sharapova for the fifteenth(!) consecutive time. Li Na escaped a 1-3 deficit in the final set against Dominika Cibulkova to reach her first final in this mandatory WTA event by escaping 7-5 2-6 6-3. Williams has won this tournament 6 times (2002, 2003, 2004, 2007, 2008, 2013) and reached the final 2 other times (1999, 2009). Andre Agassi is the only player to have won the tournament 6 times.

MadProfessah's prediction: Serena and Djokovic.

Obama Nominates Black Gay Man For Federal Judgeship

President Obama has decided to try and make history again by appointing the first openly gay, African American male federal judge in our nation's history. He had nominated William L. Thomas to be a federal judge just days after the 2012 presidential elections. Thomas is an openly gay, African American male judge. But the Thomas nomination was stalled when U.S. Senator Marco Rubio (R-FL) blocked the nomination (despite the fact his office had explicitly supported the nomination previously). LGBT advocates were extremely disappointed by Sen. Rubio's actions and called attention to his record of anti-LGBT statements and behaviors.

Today the President decided to try again by nominating another openly gay Black man, Darrin Gayles to the same federal judgeship that Thomas had been blocked from by Senator Rubio.

Judge Darrin P. Gayles:  Nominee for the United States District Court for the Southern District of FloridaJudge Darrin P. Gayles has served as a Circuit Judge in the Eleventh Judicial Circuit of Florida since 2011.  From 2004 to 2011, he was a County Judge in the same Circuit.  From 1999 to 2004, Judge Gayles served as an Assistant United States Attorney for the Southern District of Florida, and from 1997 to 1999, he served as an Assistant District Counsel at the United States Immigration and Naturalization Service.  Judge Gayles began his legal career as an Assistant State Attorney in the Miami-Dade State Attorney’s Office from 1993 to 1997.  Judge Gayles received his J.D. in 1993 from George Washington University Law School and his B.A. in 1990 from Howard University.  

As we did with the Thomas nomination, we will be following the Gayles nomination very closely here at MadProfessah.com. Acording to Poliglot, Gayles name was on a list that Senator Rubio confirmed that he had no opposition to if they were nominated. In fact, Rubio's ffice even gave a statement to Metro Weekly, a D.C.-based LGBT newsmagazine about the Gayles nomination:

"I welcome today's four nominations to the district courts in Florida. As I previously indicated to the President, I do not anticipate having an objection to moving forward on any of these nominations pending the outcome of the customary background check conducted on every nominee," Rubio stated. "I am disappointed, however that given the opportunity to fill four vacancies on the court, the White House has declined to nominate any of the Republican finalists jointly suggested by Senator Nelson and myself." 

Happy Black History Month!

QUEER QUOTE: NGLTF Condemns Sen. Rubio's Blocking Of Black Gay Federal Judge

Things that make you go hmmm. Huffington Post has confirmed that President Barack Obama has given up on pushing for William Thomas to become the first ever black, openly gay federal judge in our nation's history. Thomas was nominated to the U.S. District Court for the Southern District of Florida

MadProfessah has been following this curious story for quite some time. It has since became clear that U.S. Senator Marco Rubio (R-FL) was the primary impediment to Judge Thomas making history but for reasons that have not been made public.

Huffington Post reported:

Rubio has been single-handedly blocking Thomas for months, despite recommending him to Obama in 2012 as a nominee to the U.S. District Court for the Southern District of Florida. Rubio indicated in September he would not submit his "blue slip" to the Senate Judiciary Committee -- a courtesy, but not a hard rule, honored in the committee that allows a home-state senator to advance or hold up a nominee. Florida's other senator, Bill Nelson (D), submitted his blue slip months ago. 

[...] 

"Judge Thomas is a well-qualified jurist," Rep. Alcee Hastings (D-Fla.) told HuffPost in the fall. "There is a serious underrepresentation of minorities on the bench and partisan obstructionism isn’t making it any better." 

Hastings is a member of the Congressional Black Caucus, which has railed against Rubio for blocking black judicial nominees at a time when the group says black judges make up about 8.3 percent of the federal judicial bench. In addition to Thomas, Rubio had been withholding his blue slip for another black judicial nominee, Brian Davis. But Rubio ultimately agreed to move forward with Davis, who has since been confirmed. 

“I am upset and concerned. Senator Marco Rubio himself said that Judge Thomas had passed all the tests, and then all of sudden for Senator Rubio to say Judge Thomas is not suitable is just not right," Rep. Frederica Wilson (D-Fla.) said Tuesday. "I don’t know what more I can do to make Senator Rubio understand that what he is doing is wrong.”

The National Gay and Lesbian Task Force issued a statement condemning the actions by Sen. Rubio in killing the Thomas nomination:

"We need more diversity in the federal judiciary, not less and it's disappointing that Judge William Thomas was not included among the nominees the White House submitted to the Senate this week. Judge Thomas is an eminently qualified jurist and, if confirmed, would have been the first openly gay black male to serve on the federal bench. Senator Marco Rubio's procedural maneuvering to stop this nominee was unacceptable and harmful given that the vacancy on the Southern District Court of Florida has been classified as a judicial emergency. Senator Rubio's actions are in no way helpful to the people of Florida."

Hopefully President Barack Obama will not have difficulty finding another openly gay Black man who could be nominated to a federal judgeship. This is a historical first that I would like to see completed.

QUEER QUOTE: Charlie Crist, Previously Outed As Gay, Apologizes For Anti-Gay Actions

Charlie Crist is the former Republican Governor of Florida who is running for Governor again, this time as a Democrat. He was a key subject of the film Outrage about closeted gay politicians.
When he was a Republican, Gov. Crist frequently expressed anti-LGBT sentiments and supported
anti-LGBT public policies.

However, he gave an interview to a Florida-based LGBT media outlet called Watermark which contains statements from Gov. Crist for today's Queer Quote. Interestingly, Crist apologizes for his previous anti-gay behavior.

You’ve recently articulated support for marriage equality, adoption rights, employment non-discrimination protections… pretty much all the acknowledged ingredients of full LGBT equality. At the same time, I think it’s legitimate for members of the LGBT community to be skeptical.

When you first ran for governor in 2006, you said that a ban on same-sex marriage was unnecessary, but then you signed a petition to place Amendment 2 [banning same-sex marriage] on the ballot…
…and I’m sorry. I’m sorry I did that. It was a mistake. I was wrong. Please forgive me.

I appreciate that, but I want to make sure I spell this out in full. After you signed the petition you said Amendment 2 wasn’t an issue that moved you, but then you ended up voting for it, saying you believed in it. Just three years ago, when you were running for the Senate as a Republican, you told CNN that you believed that “marriage is a sacred institution between a man and a woman.” And just three years ago, when talking about gay adoption, you expressed a belief that traditional families are best…
Tom… I’m sorry. I’m sorry.

He says he's being honest now but how can the people of Florida believe him when they can not even believe he is straight?

Sen. Rubio (R-FL) Blocks Black Gay Federal Judicial Nominee

U.S. Sen. Marco Rubio (R-FL) has proven repeatedly that he is not a friend to the LGBT community but this latest action takes things to a new level. Previously, Rubio had been thought to only be delaying his approval for U.S. district court nominee Bill Thomas but now comes word that Rubio is blocking President Obama's nomination of the very first openly gay, Black man to the federal judiciary, a historic first. Generally, both United States Senators have to agree on nominees for any federal judgeship in their state, and Thomas is nominated to the U.S. District Court for the Southern District of Florida.

The Advocate reports that Rubio has withdrawn his support for the Thomas nomination:

Rubio, a Republican, announced Monday that he would no longer support the nomination of Miami-Dade circuit judge William Thomas to the U.S. District Court for the Southern District of Florida, citing concerns about Thomas’s rulings in two criminal cases, The New York Times reports. Nominees for federal judgeships need the support of both U.S. senators from their home state in order for the confirmation process to continue. Florida’s other senator, Democrat Bill Nelson, has endorsed Thomas, who would be the nation’s first openly gay African-American federal judge. 

[...] 

Yolanda Strader, president of a Miami association for black lawyers, accused Rubio of playing politics with Thomas’s nomination. “As much as I would like to think that politics has nothing to do with this, it looks as if it does,” Strader told the Times. “It would be unfair to prevent a well-qualified judicial nominee from proceeding with the nomination process because he is an openly gay black male.” Her group is initiating a social media campaign in support of Thomas and may start an online petition to move his nomination forward.

This is pretty heartbreaking as it comes on the heels of the news that the United States Senate had unanimously approved the first openly gay man to a federal appellate judgeship on Tuesday. Hopefully President Obama will find another openly gay Black man to be nominated for a federal judgeship soon as he continues his campaign of diversifying the federal judiciary.

Hat/tip to The Advocate

Sen. Rubio (R-FL) Blocking Black Gay Federal Judicial Nominee

Here at MadProfessah.com we have been following the progress of President Obama's openly LGBT federal judicial nominees quite closely and were thrilled when the first African American gay male, Judge Wiliam Thomas, was nominated to be a federal district court judge in November 2012.

However recent blog reports have noted that Thomas has yet to be confirmed by the U.S. Senate, in fact a hearing has not even been scheduled on his nomination before the Senate Judiciary Committee.

The invaluable Washington Blade reports:

Rubio’s office didn’t respond to repeated requests from the Blade over the past two weeks to comment on why he continues to hold up the Thomas nomination. According to a report last week in the Tampa Bay Times, Rubio has concerns about Thomas’s involvement in a controversial case in which a man was given a sentence of just 364 days in jail for the hit-and-run death of a cyclist.

[...]

Thomas has experience both as a defense attorney and as a judge. He’s been a circuit judge in Florida’s 11th Judicial Circuit since 2005, where he has presided over both civil and criminal matters. Before that, he was an assistant federal public defender in the Southern District of Florida and represented indigent clients in federal criminal cases.

Rubio faced criticism last week from members of the Congressional Black Caucus for holding up both the Thomas confirmation and that of Brian Davis, another black judicial nominee who was nominated for a seat on the U.S. District Court for Middle District of Florida. The Gay & Lesbian Victory Fund also called for the Thomas nomination to move forward.

Rubio continues to hold up the Thomas nomination even though he and [U.S. Senator Bill] Nelson recommended Thomas for the seat following approval from Florida’s Federal Judicial Nominating Commission, which makes recommendations to the state’s senators.

LGBT groups have begun to put more pressure on Rubio to explain the reason for his hold on the Thomas nomination. Let's hope that join with African American groups to call for Rubio's holds to be lifted on both Judge Thomas and Judge Davis in the near future.

Hat/tip to TowleRoad

George Zimmerman Trial Begins TODAY

George Zimmerman admits to shooting and killing Trayvon Martin,
an unarmed Black teenager

Finally! More than a year after the news about the fatal shooting of another unarmed Black male became a huge sensation, the trial of Trayvon Martin's killer is beginning in a Florida courtroom today. George Zimmerman, 29, claims he shot and killed the 17-year-old in self-defense. The story became an international story when police authorities in Sanford, FL questioned but released Zimmerman after hearing his story, raising questions about how police in a Southern state consider and (de)value the life of Black person. After weeks of marches and protests in multiple American cities, Zimmerman was finally arrested an charged with a crime (second-degree murder).

According to CNN:

Monday marks the start of jury selection in Seminole County, Florida, where Martin was fatally shot on February 26, 2012. The shooting put a national spotlight on Zimmerman's hometown of Sanford and sparked fresh debates about race relations and gun laws in America.  

Zimmerman is Hispanic; Martin was African-American. 

An initial decision not to pursue charges against Zimmerman led to the dismissal of the town's police chief and the appointment of a special prosecutor, who accused the neighborhood watch volunteer of unjustly profiling and killing Martin. 

Zimmerman now faces a second-degree murder charge in Martin's death. He has pleaded not guilty and is currently free on $1 million bond.

The Zimmerman-Martin case became another Rorshach test on race in America. We (at MadProfessah.com) shall be watching to see if the criminal justice system (in Florida, no less) can pass the test of "equal treatment under the law."

Now There Are 6: Sen. Nelson (D-FL) Supports Marriage Equality. Who Will Be Next?

Sen. Bill Nelson of Florida has become the
51st U.S. Senator to endorse marriage equality

Exactly 7 days ago there were nine remaining members of the Democratic caucus who did not support marriage equality. Here was the list then:

• Sen. Bob Casey of Pennsylvania. Up for reelection in 2018.
• Sen. Joe Manchin of West Virginia. Up for reelection in 2018.
• Sen. Bill Nelson of Florida. Up for reelection in 2018.
• Sen. Heidi Heitkamp of North Dakota. Up for reelection in 2018.
• Sen. Tom Carper of Delaware. Up for reelection in 2018.
• Sen. Joe Donnelly of Indiana. Up for reelection in 2018.
• Sen. Mary Landrieu of Louisiana. Up for reelection in 2014.
• Sen. Mark Pryor of Arkansas. Up for reelection in 2014
• Sen. Tim Johnson of South Dakota. Retiring from Senate in 2014.

Here is the list today:

• Sen. Bob Casey of Pennsylvania. Up for reelection in 2018.
• Sen. Joe Manchin of West Virginia. Up for reelection in 2018.
• Sen. Bill Nelson of Florida. Up for reelection in 2018.
• Sen. Heidi Heitkamp of North Dakota. Up for reelection in 2018.
• Sen. Tom Carper of Delaware. Up for reelection in 2018.
• Sen. Joe Donnelly of Indiana. Up for reelection in 2018.
• Sen. Mary Landrieu of Louisiana. Up for reelection in 2014.
• Sen. Mark Pryor of Arkansas. Up for reelection in 2014
• Sen. Tim Johnson of South Dakota. Retiring from Senate in 2014.

Notice that now all the Senators from blue states have now endorsed marriage equality. But also notice that there are three "red state Senators" who are not up for re-election until 2018. Do they really think that they will have a more opportune moment than now to switch their position? I suspect they are waiting to see what happens at the United States Supreme Court in June.

Senator Bill Nelson of Florida became the latest to join the right side of history by releasing a statement which said this yesterday:

"It is generally accepted in American law and U.S. society today '. . . that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.' I believe that. The civil rights and responsibilities for one must pertain to all. 

"Thus, to discriminate against one class and not another is wrong for me," he said in a statement to the Tampa Bay Times editorial board. 

"If we are endowed by our creator with rights, then why shouldn't those be attainable by gays and lesbians? Simply put, if the Lord made homosexuals as well as heterosexuals, why should I discriminate against their civil marriage? I shouldn't, and I won't. 

"So I will add my name to the petition of senators asking the Supreme Court to declare the law that prohibits gay marriage unconstitutional."

Wow. Yes, he really did refer to God three times in a statement supporting a legal position for why marriage equality bans should be struck down and the right to civil marriages should include same-sex couples.

The main significance of Nelson's statement is that now a majority of Senators support marriage equality, something which on Tuesday I predicted would happen within the week!

I'm perfectly willing to give the two Democratic senators running for re-election in red states in 2014 (Landrieu in Louisiana and Pryor in Arkansas) a pass until November 5, 2014, the day after the mid-term election. Until then, we're looking at you Senators Heitkamp, Donnelly and Manchin! Donnelly and Machin are both anti-choice so those will be hard to move, but they have the exampleof Pennsylvania's Bob Casey to follow there. As for Heitkamp, women are substantially more supportive of marriage equality than men, although curiously none of the four female Republican senators (Kelly Ayotte of New Hampshire, Deb Fischer of Nebraska North Dakota, Susan Collins of Maine and Lisa Murkowski of Alaska) have endorsed marriage equality. I would put my money on Sen. Collins joining the marriage equality caucus, since after all her state has recently voted to support marriage equality! But she's also up for re-election in 2014.

The political calculus is interesting: who is more likely to endorse marriage equality, a Democratic female senator from a red state not up for re-election until 2018 (e.g. Heitkamp), or a Republican female Senator from a blue state who is up for re-election in 2014 (e.g. Collins)? Or a Republican male senators from a blue state not up for re-election until 2018 (Dean Heller of Nevada)? Or someone else? And does it matter if they are pro-choice or not?

Another soon-to-be-pressing question is "Senator, now that you support equality in marriage for same-sex couples, do you also support their civil right not to be discriminated in employment, housing and public accommodations?"