By Daniel Wallis DENVER (Reuters) - A U.S. appeals court ruled on Wednesday that conservative Utah may not ban gay couples from marrying, a decision that capped a day of victories for same-sex nuptials and nudges the issue closer to the U.S. Supreme Court. The ruling by a panel of the U.S. Court of Appeals for the Denver-based 10th Circuit marked the first time that a regional appeals court has made such a decision in the year since the Supreme Court ordered the federal government to extend benefits to legally married same-sex couples. The decision came as a federal district judge in Indiana joined a growing chorus of jurists who have struck down state gay marriage bans as unconstitutional in rulings that could substantially expand U.S. gay marriage rights if upheld. "A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union," the 10th Circuit said in its 2-1 ruling on Utah. But the panel placed its ruling on hold pending anticipated legal challenges. Utah Governor Gary Herbert, a Republican, said he was disappointed in the ruling, and the state attorney general's office said it would appeal to the U.S. Supreme Court. "All Utahns deserve clarity and finality ... and that will only come from the Supreme Court," Herbert said in a statement. Supporters of gay marriage in Utah, where the Mormon church wields big political and social influence, planned a celebratory rally Wednesday night in Salt Lake City. Utah briefly became the 18th U.S. state to allow gay marriage when a federal district judge ruled in December that a state ban on gay matrimony was unconstitutional. That decision was ultimately put on hold by the U.S. Supreme Court pending appeals but not before more than 1,300 gay and lesbian couples married. Their status remains in limbo. 'FREEDOM OF CHOICE' Utah lawmakers who oppose gay marriage had argued that a state constitutional amendment banning such unions was approved by voters and that same-sex unions were new enough that evidence about their impact on families might not fully be known. But the court said the state could not restrict the right to marry, or its recognition of marriage, "based on compliance with any set of parenting roles, or even parenting quality." "We cannot embrace the contention that children raised by opposite-sex parents fare better than children raised by same-sex parents," it said, adding the right to marry should not be linked to issues surrounding procreation. Responding to Utah's argument that same-sex marriage was too new to be rooted in tradition, the panel cited a 1967 Supreme Court ruling that invalidated laws prohibiting interracial marriage. "The right at issue was the 'freedom of choice to marry,'" the appeals court said, not tradition. Separately, a U.S. district judge in Indianapolis said Indiana's gay marriage ban was unconstitutional and ordered officials to start issuing marriage licenses. In Marion County, home to Indianapolis, a spokeswoman for the clerk’s office said the first same-sex couple arrived moments after the decision, and about 50 marriage licenses had been issued by mid-afternoon. Hundreds of people were still waiting in line in Marion County, and other counties were also issuing licenses to gay couples. Indiana’s attorney general swiftly asked for a stay of the ruling by U.S. District Judge Richard Young, pending appeal. Meanwhile, in Louisiana, a federal judge heard arguments in a case brought by a gay man seeking the benefits married couples enjoy. (Reporting by Daniel Wallis; Additional reporting by Jennifer Dobner in Salt Lake City, Susan Guyett in Indianapolis, Jon Herskovitz in Austin, and Lisa Bose McDermott in Texarkana; Editing by Doina Chiacu, Jim Loney and Eric Beech)
- NBC News
First Read is your briefing from "Meet the Press" and the NBC Political Unit on the day's most important political stories and why they matter.
President Joe Biden will continue his flurry of executive orders on Monday, signing a new directive to require the federal government to “buy American” for products and services. Why it matters: The executive action is yet another attempt by Biden to accomplish goals administratively without waiting for the backing of Congress. The new order echoes Biden's $400 billion campaign pledge to increase government purchases of American goods.Be smart: sign up FREE for the most influential newsletter in America.What they're saying: "President Biden is ensuring that when the federal government spends taxpayer dollars they are spent on American made goods by American workers and with American-made component parts," the White House said in a fact sheet.The big picture: Biden’s action kick offs another week in which the president will seek to undo many Trump policies with executive actions, while signaling the direction that he wants to take the country. * Biden will also reaffirm his support for the Jones Act, which requires maritime shipments between American ports to be carried on U.S. vessels. * Last week, Biden signed an order to attempt to raise the minimum wage for federal contractors and workers to $15 an hour.The bottom line: Former President Trump also attempted to force the federal government to rely on U.S. manufacturers for procurement with "buy American" provisions. * But supply chains — with some parts and components made outside of the U.S. — require long and complicated efforts to boost domestic manufacturing. Support safe, smart, sane journalism. Sign up for Axios Newsletters here.
- Associated Press
A federal judge on Sunday blocked the release of a Tennessee man who authorities say carried flexible plastic handcuffs during the riot at the U.S. Capitol earlier this month. U.S. District Judge Beryl A. Howell for the District of Columbia set aside an order by a judge in Tennessee concerning the release of Eric Munchel of Nashville. After testimony at a detention hearing, U.S. Magistrate Judge Jeffrey Frensley for the Middle District of Tennessee determined Friday that Munchel wasn’t a flight risk and didn’t pose harm to the public.
California Governor Gavin Newsom's office has decided to lift the orders as ICU availability in the regions that remained under the stay-at-home order, including the Bay area and Southern California are projected to rise above the 15% threshold that triggered the lockdown measures, according https://bit.ly/3sSPOfp to San Francisco Chronicle. California has reported over 3.1 million cases and 36,745 deaths so far, a Reuters tally showed. Strict stay-at-home orders were renewed for much of California in December to avert a crisis in hospitals.
- The Telegraph
The acrimonious split within Republican ranks widened over the weekend as Donald Trump made his foray back into politics, backing the re-election of a hard-line supporter as chair of the party in Arizona. His wholehearted support for Kelli Ward was seen by allies as the former president firing a warning shot across the bows of any Republican senators considering backing his impeachment. Underlining Mr Trump’s grip on the Republican grassroots, the Arizona party also voted to censure John McCain’s widow, Cindy, former senator Jeff Flake and governor Doug Ducey, who refused to back the former president’s claims of election fraud. Mr Trump’s intervention came amid reports that he is considering setting up a “Patriot Party” which would spearhead primary challenges to his opponents in the 2022 mid-term elections. The former president has already amassed a massive war chest with his Save America political action committee declaring last month that it had raked in $207.5 million in donations.
- National Review
President Biden will sign a fresh round of executive orders during his first full week in office, including actions loosening restrictions around abortion and immigration. Biden will issue and order to rescind the Mexico City policy, which prohibits U.S. funding for foreign organizations that perform or promote abortions. The administration also dodged last week on whether Biden plans to scrap the Hyde Amendment, which bars taxpayer funding of elective abortions under Medicaid. On immigration, Biden plans to establish a task force focused on reuniting migrant families who were separated as a result of the Trump administration’s “zero tolerance” policy, according to a memo outlining the upcoming executive actions obtained by The Hill. Biden will order an immediate review of the public-charge rule, which denies U.S. entry to migrants considered likely to become dependent on the government. The president also plans to roll back Trump administration policies on asylum and take “other actions to remove barriers and restore trust in the legal immigration system, including improving the naturalization process.” At the same time, Biden will take a page from the Trump administration’s playbook and sign an order directing federal agencies to tighten requirements on buying goods and services made in America from American businesses. Trump signed a similar directive during his first months in office. The president will also sign orders related to racial equity, including establishing a commission on police and bringing back Obama-era rules on transferring military-style equipment to local law enforcement. Another order will direct the Justice Department to improve prison conditions and begin the process of eliminating private prisons. Biden may also sign an order reversing a ban on transgender troops serving in the military. On climate change, Biden is expected to sign an order installing regulations to “combat climate change domestically and elevate climate change as a national security priority.”
- Associated Press
Indonesian authorities said that they seized an Iranian tanker and Panamanian tanker suspected of carrying out the illegal transfer of oil in their country's waters Sunday. The tankers — the Iranian-flagged MT Horse and the Panamanian-flagged MT Frea — were seized in waters off Indonesia's West Kalimantan province, said Wisnu Pramadita, a spokesman for the Indonesian Maritime Security Agency.
Tacoma Police spokeswoman Wendy Haddow said police were alerted to the street racers and a 100-person crowd blocking area streets, according to the News Tribune. When the patrol car responded, the crowd began pounding on the vehicle's windows, she told local media. “He was afraid they would break his glass,” Haddow told the News Tribune, saying the officer sped away from the scene for his own safety.
Dominion Voting Systems filed a defamation lawsuit against Rudy Giuliani on Monday seeking $1.3 billion in damages for his "demonstrably false” allegations about the company's voting machines, the New York Times reports.Why it matters: Giuliani led former President Trump's efforts to overturn the results of the election and spread the baseless conspiracy theory that Dominion's voting machines flipped votes from Trump to Joe Biden.Support safe, smart, sane journalism. Sign up for Axios Newsletters here. * Another one of Trump's allies, Sidney Powell, is also facing a defamation lawsuit for falsely claiming that Dominion was part of an international communist plot to rig the election. * The lawsuit against Giuliani is based on more than 50 statements he made at hearings, on Twitter, on his podcast and in media appearances, including after Dominion sent him a legal notice calling on him to stop, according to the Times.This story is breaking news. Please check back for updates.Get smarter, faster with the news CEOs, entrepreneurs and top politicians read. Sign up for Axios Newsletters here.
- Yahoo News Video
Israeli authorities on Monday extradited a former teacher accused of sexually abusing her former students in Australia, capping a six-year legal battle that had strained relations between the two governments and antagonized Australia's Jewish community.
- The Week
President Biden reeled in a record-breaking $145 million in so-called dark money from anonymous donors during his presidential campaign, topping the $113 million that went to Sen. Mitt Romney (R-Utah) before his failed presidential bid in 2012, Bloomberg reports.It's not surprising that Biden set the mark given that the $1.5 billion he hauled in overall was the most ever for a challenger to an incumbent president, but it's notable in large part because Democrats have been at the forefront of a movement to ban dark money in politics since it means that supporters can back a candidate without scrutiny. Plus, Bloomberg notes, anonymous donors "will have the same access to decision makers as those whose names were disclosed, but without public awareness of who they are or what influence they might wield." As Meredith McGehee, the executive director of campaign finance reform advocacy group Issue One, told Bloomberg, "the whole point of dark money is to avoid public disclosure while getting private credit."Still, it seems the Democratic Party was willing to embrace the strategy in the hopes of defeating former President Donald Trump, who only brought in $28.4 million from anonymous donors. Read more at Bloomberg.More stories from theweek.com Trump must be prosecuted Josh Hawley knows exactly what he's doing Moderna working on booster shot to increase protection against South African coronavirus variant
- The Telegraph
Italy’s interior minister has intervened in a row in Naples over the painting of giant murals that pay tribute to the blighted lives and violent exploits of teenage criminals. Italians have adopted a curious English phrase, “baby bosses”, to describe the young gangsters, who frequently lose their lives in confrontations with police on the streets of the southern city. Such “bosses” are said to be members of “baby gangs” – another curious Italo-English invention that denotes groups of delinquents and drifters. Authorities in Naples want to scrub out or paint over two large murals which adorn the sides of buildings. They depict two young men, Ugo Russo and Luigi Caiafa, who were shot dead in separate incidents last year by police officers during robbery attempts. A mural dedicated to Russo depicts his face and the words Verità e Giustizia – Truth and Justice. He was killed when he tried to rob an off-duty police officer last year.
Drugmaker Merck & Co said on Monday it would stop development of its two COVID-19 vaccines and focus pandemic research on treatments, with initial data on an experimental oral antiviral expected by the end of March. Merck was late to join the race to develop a vaccine to protect against the coronavirus, which has so far killed more than 2 million people and continues to surge in many parts of the world including the United States. The company will record a pre-tax discontinuation charge in the fourth quarter for vaccine candidate V591, which it acquired with the purchase of Austrian vaccine maker Themis Bioscience, and V590, developed with nonprofit research organization IAVI, Merck said in a statement.
Sen. Rob Portman (R-Ohio) announced Monday he will not run for a third term in the U.S. Senate in 2022, citing "partisan gridlock."Why it matters: It's a surprise retirement from a prominent Senate Republican who easily won re-election in 2016 and was expected to do so again in 2022, creating an open Senate seat in a red-leaning swing state.Be smart: sign up FREE for the most influential newsletter in America.Between the lines: Portman was one of the Republican senators who said that former President Trump "bears some responsibility" for the Jan. 6 Capitol riots. His decision not to seek re-election will free him from the political constraints of voting to convict Trump in his upcoming impeachment trial, though it's not yet clear whether he will choose to do so.What they're saying: "I don’t think any Senate office has been more successful in getting things done, but honestly, it has gotten harder and harder to break through the partisan gridlock and make progress on substantive policy, and that has contributed to my decision," Portman said in a statement. * “We live in an increasingly polarized country where members of both parties are being pushed further to the right and further to the left, and that means too few people who are actively looking to find common ground." * "This is not a new phenomenon, of course, but a problem that has gotten worse over the past few decades."Support safe, smart, sane journalism. Sign up for Axios Newsletters here.
- Associated Press
President Joe Biden has brought back Dr. Kevin O'Connor as his physician, replacing President Donald Trump's doctor with the one who oversaw his care when he was vice president. The White House confirmed that Dr. Sean Conley, the Navy commander who served as the head of the White House Medical Unit under Trump and oversaw his treatment when he was hospitalized with COVID-19, will assume a teaching role at the Uniformed Services University of the Health Sciences. O'Connor, a retired Army colonel, was Biden's doctor during his entire tenure as vice president, having remained in the role at Biden's request.
- The Week
Senate Democrats are drawing a line at Senate Minority Leader Mitch McConnell's (R-Ky.) demand that a power-sharing agreement in the 50-50 Senate include a pledge to retain the legislative filibuster. "If we gave him that, then the filibuster would be on everything, every day," Sen. Richard Durbin (D-Ill.) told NBC's Chuck Todd on Sunday's Meet the Press. Senate Majority Leader Chuck Schumer (D-N.Y.) offered McConnell "word for word" the same power-sharing agreement used in the first half of 2001, and McConnell's insistence on adding the filibuster pledge is "a non-starter."But until Schumer and McConnell reach agreement on the Senate's operating rules, Republicans still retain much of the majority they lost last Wednesday."Without an organizing accord, Republicans remain in the majority of most Senate committees," and "veteran Democrats eager to seize the gavels and advance their long dormant agendas can only wait and wonder," The Washington Post explains. "Newly sworn-in Democratic senators cannot get committee assignments until an organizational deal is struck," leaving the old GOP-majority structures in place, and "Democrats can't unilaterally impose an organizing agreement because they would need Republican support to block a filibuster."The filibuster has evolved into a sclerotic de facto requirement for a 60-senator supermajority on all legislation. Frustration with obstruction by the minority led Senate Democrats to end the filibuster for some presidential appointees and lower-court judges in 2013, and McConnell continued eroding the filibuster as majority leader, killing it for Supreme Court nominees and further easing the confirmation of presidential appointees.A handful of Democratic centrists would prefer to keep the filibuster — for now. But there is mounting pressure from inside and outside the chamber. "There is absolutely no reason to give Sen. McConnell months and months to prove what we absolutely know — that he is going to continue his gridlock and dysfunction from the minority," said Eli Zupnick, a spokesman for the anti-filibuster liberal coalition Fix Our Senate.More stories from theweek.com Trump must be prosecuted Josh Hawley knows exactly what he's doing Moderna working on booster shot to increase protection against South African coronavirus variant
The 19 victims were discovered in an area where violent drug cartels operate.
Sen. Bernie Sanders (I-Vt.), incoming chair of the Senate Budget Committee who caucuses with the Democrats, told CNN's "State of the Union" on Sunday that Democrats plan to push a coronavirus relief package through the chamber with a simple majority vote. Why it matters: "Budget reconciliation" would allow Democrats to forgo the Senate's 60-vote requirement and could potentially speed-up the next relief package for millions of unemployed Americans. Democrats hold the the 50-50 split in the Senate with Vice President Kamala Harris serving as the tie-breaking vote.Support safe, smart, sane journalism. Sign up for Axios Newsletters here.What he's saying: "What we cannot do is wait weeks and weeks and months to go forward. We have got to act now," Sanders said. * "We're going to use reconciliation — that's 50 votes in the Senate, plus the vice president — to pass legislation desperately needed by working families in this country right now." * When asked if he wants a relief bill passed before former President Trump's impeachment trial begins the week of Feb. 8, he said: "We've got to do everything. This is not — you don't have the time to sit around, weeks on impeachment and not get vaccines into the arms of people."Be smart: sign up FREE for the most influential newsletter in America.
- The Independent
First family orders sesame bagels with cream cheese
- Yahoo News Video
Russia is ready to set up a dialogue with the new Biden administration in which differences are expected to be discussed, a Kremlin spokesman said on Sunday, adding that President Vladimir Putin would respond in kind to U.S. willingness to talk.