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Does Ken Cuccinelli Sodomize His Wife?

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Virginia's Republican Attorney General Ken Cuccinelli is pushing for what has to be an extremely unpopular law: the re-criminalization of sodomy. That's right, no blowjobs or buttsex. Why? Probably because he thinks that those things are totally gay and only gay people do them and bad gay bad.

What he doesn't realize is that a lot of straight couples engage in the same activities. Actually, he probably does realize it, but knows that the law would be selectively enforced against gay couples, and is essentially a backdoor into criminalizing homosexuality.

Virginia's anti-sodomy law was struck down earlier this month in a 2-1 decision by the 4th Circuit, and Cuccinelli is seeking an en banc review of that decision. As abhorrent as anti-sodomy laws are, and as settled as Lawrence v. Texas is, Judge Diaz's dissent may hold water:

The majority grants MacDonald federal habeas relief on the basis that the Virginia anti-sodomy provision facially violates the Due Process Clause. The Virginia Court of Appeals, citing its own precedent, concluded that Lawrence did not facially invalidate all sodomy statutes, but rather only the application of such statutes to private, consensual sexual activity among adults. Accordingly, the Virginia Court of Appeals concluded that the Virginia anti-sodomy provision was constitutional as applied to MacDonald because his sexual conduct involved a minor. [Internal citations omitted; get the opinion here.]

And then there's some stuff about how he may be wrong, and the Supreme Court can smack Virginia around, but that the 4th Circuit should defer to the Virginia Court of Appeals on a matter of state law:

If a federal court is to grant a writ of habeas corpus to a state prisoner incarcerated under Virginia law, it needs to be more than "confident" that the underlying criminal conviction violates the Constitution. The foundation for the issuance of the writ requires a certainty, not just a likelihood, that a state court ruling "reached a decision contrary to clearly established federal law." Unlike the majority, the district court here remained faithful to that distinction in declining to issue the writ.

Obviously someone is wrong here, as is necessarily true every time there's a dissent. And, we're not going to dig into the law to try to figure out who's right. That's what SCOTUS is for. And then SCOTUSBlog to tell us what SCOTUS said. We're also not going to guess at the judge's motivations. Could he be secretly homophobic and dissent out of prejudice? Sure. But he is at least presenting a viable legal argument. Likewise the majority could be influenced by bias, or could be following what they genuinely believe to be the law.

But we will speculate about Ken Cuccinelli. There's a good chance he's had a little bit of sodomy at some time. And maybe it was a bad experience for him. In fact, it's quite likely it was a bad experience for him, because anyone who's ever followed the story of an ardent anti-gay advocate knows how the story always ends. Ken Cuccinelli is probably gay.

That makes it a little bit tougher to drop the hammer on him. His anti-gay campaigning is probably a manifestation of his own internal struggle. Most people don't feel that strongly about gays, even your typical redneck who will agree with the most homophobic stuff you can think of at the end of the day really doesn't care. The people who do care are the ones fighting their nature because for them homosexuality is an issue that dominates their own lives, and so they think the rest of the world is as concerned as they are. If I, a straight man, want to suck Governor McDonnell's dick so bad, the gay agenda must be dangerously close to corrupting everyone!

We have convincing evidence this lawyer is a dick

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Step 1: Take a pic of your dick.

Step 2: Put that pic in an inbox.

Step 3: Regret.

We’ve all heard about the “problem” and “dangers” of sexting, we’ve seen the Law and Order episodes, we’ve seen someone’s personal dirty pic to their then-partner became very public very quickly after a breakup. This year has been no stranger to weird legal sex cases, from judges sexting on the bench to defense attorneys banging clients and then billing them for that time. But we haven’t seen anything quite like this.

We’d like to introduce to Dwayne Beck, the inspiration behind this headline, “Lawyer Asks Judge to Seal Photo of His Penis from the Public Record.”

Beck is an Orange County attorney charged with sexual battery, assault and five other charges. While we don’t know what those other five charges are, and we’re not interested enough to pay to find out, if you are, click here and search by name. You’re welcome.

The alleged victim in this case filed suit as Jane Doe. According to her complaint, she is a translator and interpreter for a legal service and worked with Beck, although it’s not clear for how long or on how many occasions. The complaint alleges that Beck repeatedly propositioned Doe, brushed against her, asked to take pictures of her breasts, and blocked her from leaving a room while he had an erection. The exit-blocking incident ended with Beck texting Doe a photo of his penis.

But that’s just the tip of the story. When she filed suit, she went balls to the wall. Taking no chances that the complaint would contain insufficient allegations and be prematurely dismissed, Doe included the offending photo.

Before anyone gets offended by us making a joke of sexual harassment. We’re not. Sexual harassment is a serious issue and should be treated as such. But the guy sending dick pics? He’s fair game. And since he seems to have been struggling with the concept of rejection, we’re giving our kudos to Miss Doe for sending the most unambiguous rejection we can think of, suing someone and putting a picture of their dick into the public record.

While Beck apparently had no problem sending a picture of his penis to someone he knew (or at least should have known) did not want to see it, he apparently does have a problem with that same photo being viewable by people who do want to see it (at least, by way of public record). Beck admitted in an ex parte application to seal the complaint that the dick in the pic is indeed his.

In addition, Beck argued last week that: (1) Doe should have to reveal her name for the record; (2) Beck should get to change his name in the case to John Doe; and (3) the entire complaint should be sealed. You’re probably as shocked as we were that Beck went 0 for 3 on those arguments. He did get a small concession, in that the judge did allow the dick pic to be sealed.

We can only assume this incident will put Beck in front the California Attorney Disciplinary System, sooner or later. In between now and then, we can’t help but wonder if Beck will try to use this dick-pic-as-public-record thing as the basis for a sexual harassment case against Jane Doe. That just seems like the kind of thing you could expect from a middle-aged dude who hasn’t realized that no one really wants to open their inbox and see that. Dick in the box didn’t even end well for JT, guys. It won’t end well for you either.

New AP Style Guidelines

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The Associated Press announced in its blog that it will be ditching the terms "illegal immigrant" and "illegal alien" and instead use the term "person living in or entering a country illegally or without legal permission."

We suspect someone over there is getting paid per word, but the reason AP gives is that:

[W]e had in other areas been ridding the Stylebook of labels. The new section on mental health issues argues for using credibly sourced diagnoses instead of labels. Saying someone was “diagnosed with schizophrenia” instead of schizophrenic, for example.

And that discussion about labeling people, instead of behavior, led us back to “illegal immigrant” again.

In keeping with this trend of labeling actions rather than people, here are some new terms we expect all proper-minded progressives to follow, er... sorry. People who think in the proper, progressive fashion.

"Criminal" is now "a person who has committed or been convicted of a criminal offense."

"Lawyer" is now "a person who is licensed or engages in the practice of law."

"Reporter" is now "a person who reports."

"Professional athlete" is now "a person who engages in athletic activities for profit."

"Same sex couple" is now "two people of the same sex who have entered into a mutual relationship."

"Software pirate" is now "a person who engages in the exchange of software or other electronic media illegally or without legal permission."

And of course, "blowhard" is now "a person who blows hard."

Georgia town arms every home to stop crime

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Nelson, GA, population 1314, and soon to be home to more guns. Maybe.

The city council has recently enacted an anti-crime ordinance, requiring every household to own a firearm. [Reuters] The town has only one police officer, and has been plagued by petty thefts, so the city counsel decided to essentially deputize every household, but of course without any of the training and oversight that would come from actually deputizing them.

Anyone who understands anything about rights of course will recognize the problem. Almost all of our rights come with a corresponding right to not exercise that right. Freedom of speech comes with the right to no speak at all. The right to counsel includes the right to represent yourself. And the right to keep and bear arms comes with the right to not own a weapon if you don't want to. That's why it's called the right to keep and bear arms, and not the universal mandate to keep and bear arms.

The town thinks it has a workaround to the pesky little 2nd Amendment issue though. Included in the ordinance are several exemptions. Felons are not required to own a weapon, nor are people with physical or mental handicaps. There's also an exemption for people who object to owning a firearm. Bingo-bango, solves the problem. And on top of the conscientious objector exemption, there's also no penalty for disobeying the ordinance, so the entire thing is symbolic.

And as far as symbolic gestures go, this one stinks. The town, in its toothless symbolic ordinance is saying: We don't think you should have 2nd Amendment rights.

If they wanted to promote gun ownership for crime reduction, they should have their one police officer spend some time helping people with gun safety, marksmanship, and getting their license. Or just have a symbolic 2nd Amendment Appreciation Day. The last thing you do is pass an ordinance saying you oppose the choice to not own a gun.


Just to pile on though, the idea is going to be completely counterproductive. The town's problem is a lack of law enforcement, and too many thefts. So they're going to put guns in all the homes. Of course most thefts occur during daytime hours when no one is at home. So no one is there to use the gun to stop the thief. So the thief still breaks in and steals your stuff, and now he steals your gun too.

Not only are guns great merchandize for selling on the black market, so there's an increased incentive to break into a home in Nelson, GA, but all the thieves are going to be armed as well.

Let this be a lesson to small town councils: The next time you have an idea, don't.

Page 16 of 341

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