A state judge has found Arkansas' state Constitutional ban on same-sex marriage to be a violation of the U.S. Constitution. Here's a statement on the case, just in from the Freedom to Marry advocacy group...

Constitutionally conservative equal protection under the law continues to sweep across the nation, as we'd long ago predicted it would.

Indeed, the race is on, at this point, to figure out which state will be the last in the union to accept the inevitable. Surprisingly, as both we and The Daily Show discovered not long ago, it's unlikely to be whichever state you might have otherwise guessed.

So, which state will be last? Leave your guesses in comments for history. We should be able to determine the winner before very long --- likely even well before Obama leaves office, at this rate.

UPDATE 5/10/14: The first same-sex marriages in the state have begun. Congrats, Arkansas!...

Bravo, Honey Maid. Nabisco shows how to stand your ground with actual courage...

And now, from deep in the heart of Texas...

It's not that "tangled". As Constitutional law correspondent Ian Millhiser noted via Twitter just after the ruling came down, "Marriage equality is 7-0 in federal courts" since the U.S. Supreme Court found the federal Defense of Marriage Act (DOMA) to be unconstitutional in last year's United States v. Windsor case.

"There've been pro-equality decisions in UT, OK, OH, KY...IL and VA since Windsor. No decisions against equality," Millhiser tweeted, later adding, "Texas decision makes it more likely #SCOTUS will have to hear marriage equality. Will appeal to 5th Circuit, which is severely conservative."

"Before TX," he wrote, "it was possible circuit courts could be unanimous in siding w/ marriage equality. 5th Circuit will probably create circuit split."

I'm less certain about a "severely conservative" court creating a split. If the court really is as conservative as believed, versus simply "activist" Rightwinger Republicans, they are unlikely to find anything in the U.S. Constitution to support Texas, or anybody else, treating some people less equally under the law than others when it comes to marriage. As we've long argued, marriage equality for all is the true conservative position, as true conservatives both here and elsewhere, have also long affirmed.

In his federal ruling on the Texas ban today Judge Garcia seems to agree. "Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," he wrote, according to AP. "These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."

Normally, I wouldn't waste your time by covering a story like this. It's a ridiculous wedge issue that extremist Rightwingers are trying to mainstream, and the bill that allows for their hoped for discrimination against gay people in Arizona (which is already allowable under existing law in AZ) is probably going to be vetoed by Gov. Jan Brewer (R) anyway, if reports today are reliable and if she has any interest in taking the advice of some of the most powerful and influential Republicans from the state. Even three of the Republican state Senators who voted for the bill are now asking Brewer to veto it. [Update 2/26/1: Brewer has now vetoed the bill, as expected.]

But given that three-term state Sen. Al Melvin (R) is also running for Governor of AZ in 2014, I suppose it's important to help folks understand how extreme and --- mostly --- stupid this clown really is.

I'd normally ignore this story even on that basis, on the premise that this guy is obviously too stupid to be elected to any office, much less governor of the state.

However, Arizona is also the state that, remarkably, managed to re-elect the similarly daft Jan Brewer as the state's chief executive. So, I suppose anyone who gives too much credit to the voters of AZ to save themselves (or to have the ability to oversee their own election results determined by computer tabulators instead of human beings) does so at their own peril.

With all of that in mind, please watch the video of his interview with CNN's Anderson Cooper (who deserves credit here) and take note of how unapologetically dumb state Sen. Al Melvin --- candidate for Governor of AZ --- actually is. The only defense I can manufacture in his favor: if he's not incredibly stupid, he's just indescribably dishonest. So, take your pick...

[Hat-tip RAW STORY...]

From US District Judge Arenda L. Wright Allen's ruling [PDF] yesterday, finding that Virginia's ban on same-sex marriage is unconstitutional under federal law (just as both Utah's and Oklahoma's bans were recently found)...

While undoubtedly Virginia's law would have been found unconstitutional and overturned eventually anyway --- just like similar laws in all fifty states will be very shortly --- it arguably will have happened much faster there and (take note, conservatives) with much less cost to the taxpayers, thanks to the results of last November's elections. Yes, as we've been detailing for more than ten years now, elections really do matter.

Oh, and happy Valentines Day, Virginia...and everyone else!

[Hat-tip Mariah Blake at Mother Jones...]

Late last year, The BRAD BLOG covered the incredibly close results of the state Attorney General's race in Virginia in great detail. The Democrat Mark Herring was eventually declared to be the winner in that razor-thin race after what suffices for a "recount" process in the Old Dominion.

An announcement this week by the state's brand-new Attorney General offers a stark reminder, once again, of the importance of elections and of the work that The BRAD BLOG has done here for the past 10 years...

Move over, Utah! True conservative Constitutional equality for all comes sweeping down the plains...

"Equality is not just for the coasts anymore, and today’s news from Oklahoma shows that time has come for fairness and dignity to reach every American in all 50 states," said Chad Griffin, the President of the Human Rights Campaign, in a statement issued this afternoon following the federal judge's ruling.

And...we were back live this week on the KPFK/Pacifica Radio BradCast for our first show of the new year.

And it wasn't a moment too soon for today's breaking Chris Christie BridgeGate blockbuster and our coverage of the Fox 'News'-ification of CBS News following yet another failure on Sunday by 60 Minutes.

Also, the latest breaking news on marriage equality in Utah, my personal Obamacare "nightmare", Desi Doyen with a chilling Green News Report and loads of great callers!

It's good to be back. Hope you'll agree...

Download MP3 or listen online below [appx 58 mins]...

Over the years, whenever I chat with one of my neighbors (who happens to be gay) about various issues of marriage equality in the news, the state of Utah inevitably seems to come up as the conversational worst-case-scenario stand-in for the dying status quo.

"It'll be interesting to see what effect the new Supreme Court ruling in the Windsor case will have across the country," I might say. "Will a gay couple who were married in California, for example, suddenly stop receiving their federal recognition and marriage benefits if their job requires that they must move to, say, Utah, for their work? Will the courts stand for a couple receiving full federal recognition in one state, but allow that recognition to be removed simply because they moved to another? That doesn't seem either legally or Constitutionally sustainable...Even in a state like Utah."

Welp, guess we now have our answer to that speculation at least, and much more specifically than any of us might have thought over the past year or three, now that a federal judge yesterday found Utah's state constitutional ban against gay marriage to be in violation of the U.S. Constitution. Some 30 other states currently have similar laws or state constitutional bans on equality for all.

"The court holds that Utah's prohibition on same-sex marriage conflicts with the United States Constitution's guarantees of equal protection and due process under the law," Judge Robert J. Shelby (an Obama appointee) wrote in his 53-page ruling at the U.S. District Court for the District of Utah, Central Division. "These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being."

I guess I'll have to find another "Utah" for purposes of neighborly speculative conversation about equal marriage rights legal issues. The Deep South states like Mississippi or Alabama might have seemed like good candidates. But between the fairly clear, conservative --- and surprisingly early --- holiday message sent by Judge Shelby in the Utah case yesterday (which is, of course, being appealed by the state, but that will fail soon too), and the awesome message from this Daily Show video from last month, I suspect we'll be running completely out of status quo states all together pretty soon. Or, at least, we'll have 50 status quo states...

Really. And kudos to Daily Show correspondent Al Madrigal...

Not sure what's going on, of late. But still more good news today...

If Christie would like to be a true conservative here --- one who believes in equal protection for all, as per that thing called the U.S. Constitution --- he'd give up the ghost on this one and not appeal Jacobson's decision. But, Republican primary voters don't want actual conservatism. They want Rightwingism. Your move, Chris.

Either way, this continues to signal the ultimate end --- and probably sooner than we all suspect --- of marriage discrimination across the entire nation. (Yes, they're coming for you Utah, Alabama, Texas, Oklahoma, et al! Get over it.)

And it also represents still more surprisingly good news for a Friday --- for any day, actually --- following on this very good news previously. This can't continue.

Seriously, what the hell is wrong with these people?! Via TPM...

Once again, in case this is still not clear to opponents of marriage equality: Just because same-sex marriage is now allowed in CA, it is not now, nor will it ever be mandatory here, or anywhere else. So you're cool.

Two additional things strike me in regard to the above, at the moment. 1) The group trying to block gay couples who love each other from marrying each other in California is from Arizona?! 2) Their organization is called "Alliance Defending Freedom"?! Really? Proving once again that irony is not just merely dead, it's really most sincerely dead.

UPDATE: Justice Kennedy, who sided with the Supreme Court majority decision that allowed marriage equality to return to CA this week, rejects the Alliance Hating Freedom's request "with no additional comment", according to AP. But the Prop 8 supporters say they plan to "continue their efforts to halt gay marriage by filing their request with another Supreme Court justice."

It was another news week from hell on today's KFPK/Pacifica Radio BradCast.

We covered today's Supreme Court rulings on Prop 8 and DOMA with Evan Wolfson, one of the architects of the national marriage equality strategy, from FreedomtoMarry.org.

I had a word or three to say about the Court gutting the Voting Rights Act this week.

I also offered a thought or two on NBC's David Gregory suggesting that journalist Glenn Greenwald "aided and abetted" NSA whistleblower Edward Snowden, and on the jackassery of national embarrassment Rep. Darrell Issa (R-CA) and the collapse of his pretend IRS "scandal". Desi Doyen joined me for the latest Green News Report update on President Obama's landmark climate speech this week.

And somehow we managed to fit in a few phone calls and a thought or two on Wendy Davis' stand in TX late last night and the state Republicans attempt to fraudulently pass a radical anti-abortion bill anyway. We got all of that into an incredibly fast moving single show, which follows for you below. Enjoy!

Download MP3 or listen online here [appx 58 mins]...

A sharply divided U.S. Supreme Court handed down two 5-4 decisions today, both of which can be seen as positive, if narrow, decisions favoring equal rights.

One SCOTUS decision had the effect of reinstating a 2010 U.S. District Court ruling that California's Proposition 8, banning marriage equality in the state, was unconstitutional. The other decision established that the federal Defense of Marriage Act (DOMA) unconstitutionally violated the constitutional rights of same-sex couples who have been married in a state which recognizes the right of same-sex couples to marry.

However, by ruling in Hollingsworth v. Perry [PDF] (hereinafter the "Prop 8 case") that the proponents of Prop 8 --- a voter approved ballot initiative --- lacked standing to appeal U.S. District Judge Vaughn Walker's 136-page decision in Perry v. Schwarzenegger and by limiting its decision in United States v. Windsor [PDF] (the "DOMA case") to the constitutional rights of same-sex couples who have been married in a state which recognizes the right of same sex-couples, the court left open to future adjudication of two vitally important questions:

1. Do same-sex couples have a constitutional right to marry in states which have not formally recognized the right to do so?

2. Must states, which do not permit same-sex couples to marry, recognize the marital rights of those same-sex couples who have chosen to marry in other states where it is permitted?

Those questions remain, even as today's Supreme Court decisions provide an important pair of victories that move the United States two steps closer to the day when sexual preference will no longer be seen as a measure of an individual's or a couple's character...

As we noted last week was likely to be the case, when the entire Republican state Senate GOP caucus came on board in support, today marriage equality became the law of the land in Rhode Island.

We'll let Fox "News" tell you about it, since it surely pains them to do so.

RI becomes the 10th state in the union to allow gay couples to enjoy the same constitutionally-protected equal rights to marriage as everyone else.

Our condolences to all of the straight couples in those states who have had their marriages destroyed because of it.