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  • 11
    Apr
    2013
    1:59pm, EDT

    Montana votes to strike down law criminalizing 'deviate' gay sex

    Matt Gouras / AP

    Republican Rep. Duane Ankney, left, of Colstrip, Mont., speaks on the House floor on April 9, in Helena, Mont. Ankney joined the chamber in voting to repeal an obsolete law that criminalizes gay sex.

    By Miranda Leitsinger, Staff Writer, NBC News

    Montana lawmakers have voted to get rid of a law that criminalizes gay sex and the governor is expected to sign it -- which would leave 11 states where such statutes remain on the books.

    The Supreme Court ruled these laws unconstitutional a decade ago, rendering them unenforceable, but gay rights advocates say they support their removal due to the stigmatizing language.

    Follow @mimileitsinger

    With a 65-34 vote on Wednesday, the bill was shuttled off to Gov. Steve Bullock, who is likely to sign it, his spokeswoman, Judy Beck, told NBC News. Montana's Supreme Court struck down the law in 1997, but a block of Republican lawmakers had stymied efforts to repeal it, the Billings Gazette reported.

    “It’s not about encouraging a lifestyle,” Rep. Bryce Bennett, D-Missoula, an openly gay Montana lawmaker, was quoted as saying Tuesday by the newspaper. “It’s simply about respecting privacy between two adults. … It’s just as simple as saying that all Montanans deserve dignity and respect.”

    The old law made “deviate sexual conduct,” or sexual relations between people of the same sex, a crime. Those convicted of it faced a prison term of up to ten years and/or a maximum $50,000 fine.

    The Supreme Court in 2003 ruled that a Texas state law criminalizing gay sex was unconstitutional, thereby striking down some 14 active anti-sodomy laws on the books in other states and Puerto Rico.

    "As a matter of law, sodomy laws, as they apply to same-sex couples and in some states different sex couples, were struck down by the U.S. Supreme Court in our 2003 lawsuit Lawrence v. Texas," Susam Sommer, director of constitutional litigation at Lambda Legal, said in a statement.


    Follow @NBCNewsUS

    Nonetheless, Montana's repeal "goes a long way in building a supportive environment for LGBT people and their families," she added, noting that the ongoing presence elsewhere of "these unconstitutional laws in state penal codes implicitly stigmatizes gay people and puts them and many others at risk of unlawful prosecutions. It is time every state cleans up its books and cleans up its act."

    Eleven states still have laws on their books outlawing oral and anal sex between same-sex couples, while another nine have statutes outlawing oral and anal sex for everyone, according to Lambda Legal.

    The 2003 Supreme Court case has been cited by pro-gay marriage supporters in arguments before the high court on whether gays and lesbians should be allowed to wed. The court is expected to rule in those cases in June.

    1096 comments

    I would love it if all the religious zealots could just pick one single state (like Texas), move there, and secede. They could keep a watchful eye on each other, ensuring that nobody has dirty sex or abortions or anything else they disagree with and the rest of us could be free of the OCD sex-patrol …

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  • 9
    Mar
    2013
    6:09am, EST

    South Dakota school districts can now give guns to teachers

    By David Beasley and David Bailey, Reuters

    South Dakota school districts could arm teachers under a bill introduced after the Connecticut school shooting rampage and signed into law on Friday.

    The bill came a day after Georgia lawmakers advanced legislation to end a ban on firearms in bars, churches and college classrooms.

    The "school sentinels" law signed by South Dakota Governor Dennis Daugaard, a Republican, allows the state's 152 school districts to decide whether they want to arm teachers, other employees, hired security guards or volunteers.

    School boards must get approval for their program from local law enforcement officials, and sentinels would have to pass a training program to carry weapons in the schools. District residents could put the issue to a voter referendum.

    The law in South Dakota and the proposal in Georgia are two moves by state legislatures that aim to expand gun rights at a time when other state and federal leaders consider new limits following the December killing of 26 children and adults at an elementary school in Connecticut.

    In Georgia, the Republican-led state House voted 117-56 on Thursday to advance the measure to restore gun carry rights that have been chipped away over the years, said one sponsor, state Representative John Meadows, a Republican.

    The Georgia legislation also would allow licensed gun owners to take weapons inside some unsecured government buildings where they are currently banned, starting on July 1. They would still be outlawed from college dormitories and sporting events, Meadows said on Friday.

    The bill does not specify or make any exemptions on the types of weapons and applies to all legal guns, Meadows said.

    Angry students with guns?
    Democratic state Representative Karla Drenner, who opposed the measure, said it was part of a backlash against a national push to strengthen gun control laws after the Connecticut killings.

    Drenner, an instructor at several colleges, said she was concerned about the impact on potential confrontations with angry students, recalling on Friday how a student once screamed at her for mispronouncing his name.

    "If he had a gun, the outcome could have been much different," Drenner said.

    Asked about Drenner's concerns, Meadows said, "She ought to be armed."

    The measure next moves to the Georgia state Senate for consideration. Meadows predicted it would pass, based on the response he said he had received from senators.

    Senate President Pro Tem David Shafer, a Republican, said in a statement on Friday the bill would be assigned to a Senate committee next week.

    "The Senate passed strong pro-Second Amendment legislation of its own, and I am confident that we will reach agreement with the House," Shafer said.

    Any measure advanced from the legislature would go to Republican Governor Nathan Deal for his signature.

    On Friday, Deal spokesman Brian Robinson said the governor agreed with language in the proposal that would make it harder for the mentally ill to obtain licenses to carry concealed weapons. He declined to say whether Deal supports other parts of the proposal.

    Related:

    Guns already allowed in schools with little restriction in many states

    Report: School employee accidentally shot during concealed weapons class

    After Newtown, states slow to embrace new gun laws

    Copyright 2013 Thomson Reuters. Click for restrictions.

    660 comments

    The govenor of South Dakota had better hope that no children are ever shot or he could be looking at all kinds of lawsuits. There are some teachers in the state that I would not trust with a pea shooter let alone with a gun.

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  • 17
    Jan
    2013
    8:22pm, EST

    Feds investigate how suspected white supremacist -- a felon -- obtained arsenal

    Department of Justice

    Richard Schmidt

    By Michael Isikoff, National Investigative Correspondent, NBC News

    Federal agents are trying to determine how a suspected Ohio white supremacist with a felony conviction for manslaughter acquired a cache of 18 assault weapons and other firearms, along with high-capacity magazines and more than 40,000 rounds of ammunition, according to federal law enforcement officials and court documents reviewed by NBC News.

    The storehouse of weapons was discovered late last  month when FBI agents arrested Richard Schmidt,  47, the owner of a Bowling Green sporting goods store called Spindletop Sports Zone,  on charges of  marketing counterfeit goods -- such as football jerseys with NFL logos -- from China.

    Although initially portrayed as a probe into the thriving international market for counterfeit clothing, the case took a surprising turn this week when the U.S. Attorney’s Office in Cleveland unsealed search warrants and an indictment also charging Schmidt with illegal possession of firearms.


    According to the documents, FBI agents who searched Schmidt’s sporting goods store and four trailers behind it, found a  stash of weapons that included AR-15 assault rifles, Ruger and Sig Sauer semi-automatic pistols,  bulletproof  body armor and high-capacity magazines as well as ammunition.

    The agents also discovered evidence of Schmidt’s ties to the neo-Nazi movement, documents show. Among the evidence seized, according to search warrants, was a video of a national convention of the neo-Nazi National Socialist Movement; bumper stickers of the National Alliance party, another neo-Nazi group; a “Jewish 500” list -- a supposed roster of Jewish-owned businesses -- and paraphernalia from the “Waffen SS,” Adolph Hitler’s Nazi military force in Germany from the early 1930s through World War II, according to the search warrants.

    A federal law enforcement official, who spoke with NBC News on condition of anonymity, said that FBI counterterrorism agents involved in the  case  had picked up evidence that Schmidt  may have been planning attacks against Jewish and civil rights groups in the Detroit area. “This is an active investigation,” said another federal law enforcement official when asked if Schmidt was believed to have been working with any others in the neo-Nazi movement.

    In the indictment unsealed this week, Schmidt was charged with three counts of illegal possession of firearms, ammunition and body armor and one count of trafficking in counterfeit goods.

    Schmidt’s lawyer, federal public defender Andy Hart, did not respond to a request for comment. 

    The law enforcement officials said the case appears to illustrate some of the gaps in current  background checks for gun purchasers that President Barack Obama has proposed closing as part of his package of executive actions and legislative proposals released this week aimed at curbing gun violence. Schmidt was charged with murder and felonious assault in 1989 after killing a Hispanic man  and shooting two others with a semi-automatic pistol during a traffic dispute. He later pleaded guilty to voluntary manslaughter and was sentenced to 10 to 25 years in prison. Federal officials were not immediately able to provide information on when he was released from prison.  

    Despite a federal law that prohibits convicted felons from buying firearms, Schmidt was still able to acquire his stockpile – though authorities don’t yet know how he acquired them. Federal agents have been trying for weeks to trace the weapons, but officials said they have so far made little progress. This could indicate that Schmidt purchased his weapons from private dealers or gun shows, where background checks are currently not required, one official said. But he also could have obtained them on the black market.

    “It is deeply troubling that law enforcement found this man, with a prior homicide conviction, in possession of an arsenal,” said Steven M. Dettelbach, the U.S. attorney for Cleveland.

    NBC/WSJ poll: Public lowers expectation for Obama's second term

    Mark Potok, who tracks hate groups for the Southern Poverty Law Center, said the group had found an entry that appeared to be from Schmidt on a neo-Nazi website several years ago, using the Yahoo profile of “Vinlander 101” and declaring his plans to set up a “historical preservation” group. (One of the trailers behind Schmidt’s sporting goods store was registered to the “Vinland Preservation League” -- a now defunct nonprofit.) He noted that the use of the word “Vinland” was likely inspired by the “Vinland Social Club,” a now largely dormant neo-Nazi skinhead group that emphasized the early Vikings role in colonizing the American continent. 

    “The sad reality is there are people around this country who are building up enormous arsenals of  weapons because they think the end is coming -- either  a race war, or the new world order … or some other form of apocalypse,” he said. 

    More from Open Channel:

    • US asks Turkey, Jordan to secure chem weapons if Syria crisis worsens
    • Obama plan eases freeze on CDC gun violence research
    • Guns already allowed in schools with little restriction in many states

    Follow Open Channel from NBCNews.com on Twitter and Facebook

     

    868 comments

    If he had gotten them from a FFL licensed dealer than they would already know where they came from. Black market seams very likely seeing as the man owned a business giving a black market dealer an ideal location to meet at.

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  • 7
    Dec
    2012
    8:03pm, EST

    For some same-sex couples, US visas hinge on court's marriage decision

    Allison Joyce / Reuters

    Same-sex married couple Santiago Ortiz, an American, left, and Pablo Garcia from Venezuela, pose for a photograph in their home in Queens, New York on Monday. In the United States there are at least 28,500 bi-national same-sex couples in which one partner is a U.S. citizen and one is not. Many live with the threat that one of them could be deported.

    By Edith Honan, Reuters

    Santiago Ortiz was deeply in love and, he believed, near death when he asked Pablo Garcia to leave his native Venezuela and join him in New York. There was no time to bother with a visa. Ortiz was HIV positive and he wanted Garcia with him.

    That was 26 years ago. Ortiz, an American, is still alive. He and Garcia were married in Connecticut last year. And Garcia still does not have a visa. The Defense of Marriage Act, or DOMA, blocks federal recognition of same-sex relationships.

    "I told him, 'I might die tomorrow, I might die in a month,'" recalled Ortiz, soon to be 57, about that romantic moment in Caracas 26 years ago. "I said, 'Don't wait. Come now.'"


    The medical treatment of HIV has advanced markedly since the 1980s. Full legal acceptance of gay marriage still has a ways to go.

     


    Follow @NBCNewsUS

    Their best hope for getting the same visa a heterosexual couple would be eligible for rests with the U.S. Supreme Court, which is expected to hear a challenge to DOMA this year in what could be a breakthrough for gay rights in America.

    Although the two men were married in Connecticut, one of nine states that allows same-sex marriage, Garcia was denied his application for permanent residence — which is routine for foreign nationals in heterosexual marriages with Americans, even when the foreigner has overstayed his or her visa.

    Garcia, 52, a playwright and a doctoral student in Spanish literature, remains in the United States illegally.

    "He swept me off my feet," Ortiz, a retired school psychologist, said as he sipped coffee in the couple's colorful apartment in Queens. "For me, it's been easy. I can go wherever I want, I can travel, and Pablo has been there for me. Pablo doesn't have his papers and it's unfair."

    There are at least 28,500 same-sex couples in the United States in which one partner is a U.S. citizen and the other is not, and 11,500 same-sex couples where neither partner is a U.S. citizen, according to the Williams Institute at the University of California Los Angeles.

    This year, Barack Obama became the first U.S. president to endorse same-sex marriage, and in September his administration issued a policy that lesbian and gay couples be eligible for delays in deportation.

    Even so, the wait has been excruciating for bi-national couples living with the threat that one partner could be deported.

    "If you are hours from being put on a plane and being deported, there is relief (legal recourse)," said Rachel Tiven of Immigration Equality, a Washington-based group that is representing Ortiz and Garcia. "There is still no access to green cards or any other affirmative immigration benefit."

    The Supreme Court was expected to decide whether it will hear a legal challenge to DOMA this session, and could make an announcement as soon as Friday.

    'Baby Whisperer'
    It took a decade of friendship for Maria del Mar Verdugo, a citizen of Spain, and Heather Morgan, an American living in New York, to realize they were in love and wanted to spend their lives together. They were married in 2011 and now share a sunny one-bedroom apartment near Columbia University in Manhattan.

    Relaxing in their pajamas on a recent Sunday, they talked about living with the worry that Verdugo, who is 43, could lose her marketing job — and with it her employer's sponsorship of her work visa. Her current visa expires in 2013.

    They long to have children, but say they are putting that off for now. Their preferred parenting roles — where Morgan, who works for a Jewish charity, would continue to work full-time and Verdugo would work part-time but stay home — is impossible as long as Verdugo's immigration status is attached to her job.

    "I certainly always knew I wanted to be a mom. And Mar, if you see her with kids, she's like the baby whisperer," said Morgan, who is 36. "I guess more than anything we'd like to have the choice of when and how to raise children."

    Still, they consider themselves fortunate because even the worst case scenario — Verdugo losing her work visa, and the couple having to relocate to Spain — would be tolerable. Spain is one of 11 countries that has legalized same-sex marriage and the couple has a network of friends and family in the country.

    Another 14 countries also recognize same-sex couples for immigration purposes, but not the United States because of DOMA.

    For Richard Dennis and Jair Izquierdo, who have been together for six years, Obama's 2011 directive came too late. Izquierdo, a 35-year-old makeup artist from Peru, came to New York in 2001 on a tourist visa and stayed on.

    Two years ago, Izquierdo arrived at what he thought was a bridal job, but it turned out to be a sting operation and he was arrested. Several months later, in late 2010, Izquierdo was deported and given a 10-year ban on returning to the country.

    The two speak or text several times a day, but Dennis, who is 49, says the home they bought together in Jersey City feels empty. Dennis said he has considered joining Izquierdo in Peru, but said he is reluctant in part because his own command of Spanish is poor.

    "It hasn't split us up," Dennis said. "Physically it has, but not emotionally."

    More content from NBCNews.com:

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    • Advocates on both sides hope for Supreme Court clarity on same-sex marriage
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    • 'My puppy saved my life': SUV rams into man's jewelry store, which he had just left
    • Shark bait? Rotting whale on Malibu beach raises fear
    • Mormon church website: 'Sexuality is not a choice'

    Follow US news from NBCNews.com on Twitter and Facebook

    Copyright 2013 Thomson Reuters. Click for restrictions.

    15 comments

    Why don't they go and live in Venezuala if the New York man is close to death? The jury will be out for a long time on this issue while our borders get overun with those who have no connection in the U.S. We give these illegals schools, welfare and free room and board at the local prisons at taxpaye …

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    Explore related topics: laws, marriage, citizenship, featured, same-sex-marriage, lgbt, nationality, doma
  • 24
    Aug
    2012
    8:48am, EDT

    Undocumented mom risks life in US to join immigration fight

    Bob Miller for NBC News

    Maria Cruz Ramirez, one of several undocumented immigrants traveling across the country on the "undocubus," protests during a briefing on the civil rights effects of state immigrations law held by the U.S. Commission on Civil Rights in Birmingham, Ala., on August 17, 2012.

    By Miranda Leitsinger, Staff Writer, NBC News


    Birmingham, Ala. --
    Maria Cruz Ramirez thrust up a small banner reading “undocumented,” interrupting a hearing on strict state immigration laws to share the impact that the legislation has had on her life.

    “I am here to lift up the voice of my community, of my children, all those families who have been separated. I am here and I want to present this so you can see it,” Ramirez, 46, cried out in Spanish as she held up the sign at the meeting in Birmingham. “I am a mother, a responsible mother … I am not a criminal and I am here to defend my rights.”


    Follow @mimileitsinger

    A mother of three and former owner of a hair salon in Mexico, Ramirez, who lives in Arizona, never thought she would end up here, as an immigration activist, possibly jeopardizing her life in the U.S. But after 11 years in this country, she decided to throw herself into the public spotlight as Arizona’s crackdown on undocumented immigrants threatened her family.

    “I’m fighting for them and for everyone else, for my community, for the mothers who don’t want to or can’t or don’t know how to support their children,” she said. “I want to represent all of those mothers and all of those young people.”

    As a minibus shuttled her and other undocumented immigrants on a nighttime ride last week through the South, a touring protest called the “undocubus,” Ramirez recalled her family’s journey to the U.S.

    They came here like many others, seeking better opportunities. She wanted her children to go to good schools and learn two languages. Her husband, Eugenio Sanchez, said it would be a step up from their life back home. They entered the country on tourist visas, which they overstayed, Ramirez said.

    But as her two oldest children, Hugo, now 24, and Alina, 19, graduated from high school in Phoenix and tried to move on to college and jobs, their legal status was put in sharp relief. Neither can get steady work and they have had to curtail their studies since a 2006 Arizona law made them ineligible for in-state tuition, meaning higher education is prohibitively expensive.

    Ramirez can’t get a stable job, either, since she is undocumented, leaving it up to her husband, who fixes cars, to be the sole provider. But due to the passage of another state law, the controversial SB1070 -- under which authorities must determine immigration status during a lawful stop -- the family has heightened fears, with Eugenio Sanchez opting to hide out one night when authorities suddenly showed up in the area where he works.

    “That's the first thing that happened to me with the new laws,” Ramirez said of the scare for her husband, though he returned home the next day without incident. “Day by day, I’ve been scared for my children because they drive. So, I say, ‘What is going to happen if tomorrow one of them gets stopped and I’m not going to see them? Or maybe, they’ll detain me while I'm on the street, what’s going to happen to them?’ It's gotten me to think, ‘What am I doing here? Should I go? Should I stay?’ It’s something that you can’t prevent, what may happen.”

    The family has had hard discussions about the situation they find themselves in. Tears were shed over the frustration.

    Courtesy of Alina Sanchez

    The Sanchez family at Alina's graduation from high school in May 2011. From left to right: Rocio, father Eugenio, Alina, mother Maria Cruz Ramirez, Hugo.

    “We would find ... a wall between us, between everything we wanted and between what we could have ... in Mexico,” Alina said, noting that her mom asked many times if they wanted to return to their home country.

    Ramirez said her son, Hugo, at one point questioned why they even came.

    “He told me, ‘See, why did you bring us here? It’s your fault for bringing us here because we came here without a permit,’” she said, at times wiping away tears. “And I told him, ‘The truth is, it’s true. As a mother, it’s my fault because I was thinking for you and deciding for you, and I think instead of doing good, I did bad for you.’ Because, maybe over there, we would be poor but they would have more.”

    Hugo, who is proud of his mom's activism, didn’t recall this specific conversation, but Alina said: "Maybe we did blame her and it's understandable but it's ... not her fault.

    "I see where she is coming from and I know she was doing something better for us because she wants us to be better people,” she added.

    'No documents, no fear': Undocumented immigrants declare themselves
    Dreamers can apply for deferred action - now what?
    Arizona governor's ban on licenses for undocumented likely headed to court

     
    Chasing a 'dream': Immigrant youth seek legal status
    Young undocumented immigrants line up for chance to legally stay, work in US

    Ramirez began volunteering 18 months ago with a group of youth like her own children, who could be eligible for the Dream Act -- immigration reform legislation that has stalled in Congress. But the trigger to stepping up her activism, and putting herself in the spotlight, happened after she saw Hugo and her 17-year-old daughter, Rocio, get arrested while protesting earlier this year on a Phoenix street against Arizona’s immigration restrictions.

    “They stood up for themselves and fought for their own rights and dignity,” she said.


    Follow @NBCNewsUS

    When she heard about the bus full of undocumented immigrants heading across the U.S. as a form of visible protest, she said, “My heart jumped and I said, ‘This is my chance.’”

    “From the first moment, I thought that it was going to be an impossible dream, even being on the bus, I started asking myself, ‘What I am going to do? What am I doing?’ But now that I feel more part of the group and I participated in different things, I've liked it,” she said.

    So far, the bus has wound through Arizona, Colorado, New Mexico, Texas, Louisiana, Mississippi, Tennessee and Alabama on its way to North Carolina for the Democratic National Convention, which begins Sept. 4.

    “I armed myself with bravery,” Ramirez said. “I’m not scared anymore because I’m not doing anything wrong. I’m defending my rights as a person, as a human being, and I think if they take away my liberty for a couple of days, I give them up happily.”

    Ramirez got legal advice before she left on the trip. She was told that if arrested, she would be low priority for deportation since she hadn’t, for example, committed a crime. But she also learned she didn’t have anything that would help her case, either, such as a relative who is a U.S. citizen, and that ultimately a decision on deportation would be a matter of prosecutorial discretion.

    Bob Miller / for NBC News

    Maria Huerta, Maria Cruz Ramirez and Gerardo Torres, who are all undocumented, enter a civil rights hearing on the impact of state immigration laws held in Birmingham, Ala., on Aug. 17, 2012.

    Her children, however, may stand to benefit from a new federal initiative known as the “deferred action” program, under which certain young immigrants in the country without documents can get a two-year work permit and a reprieve from deportation. But it won’t help the parents of those who qualify, which is hard, Alina said.

    “It’s sad to think about ... them not having papers,” she said, also noting how proud she was of her mom. “She’s doing it for us so I am so grateful … . Even though we miss her a lot, we know she is doing something good."

    On the road, Ramirez has heard from opposing voices. One of those at the Birmingham hearing, Carol Swain, a professor of politics and law at Vanderbilt University, said the group had not chosen the right venues for their protest.

    “Take your protest to Congress and sit outside their doors,” Swain, a self-described conservative, said later by phone. She added that she thought “the average citizen doesn’t understand how someone can be in the country, you know, undocumented or illegal and then they’re making demands and flaunting the fact that they don’t have papers. But when I listen to the people (the undocubus group), I see their sincerity, that they really do believe that they’re entitled ... to be legal and to have all the benefits of American citizens."

    "I think we’re sort of speaking past each other," she added, "and I think they’re taking their protest to the wrong party.”

    Such a critique is not likely to dissuade Ramirez, who said the bus protest has given her strength and taught her a lot.

    “I ask myself every day, ‘What a turn my life made, a total turn,’” she said. “I think it was my time to live. It was my time to give to someone else.”

    NBC News' Natalia Jimenez contributed to this this report.

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    Follow US News from NBCNews.com on Twitter and Facebook


    1030 comments

    11 years in the US and she hasn't bothered to learn English?

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    Explore related topics: immigration, laws, immigrant, mexican, undocumented, undocubus

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