Judge Declares Health Care Reform Provision Unconstitutional

A federal district (activist) judge in Virginia, appointed by George W. Bush, has declared a key provision of Obama's recently passed health care reform unconstitutional: "The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions."

The NYT adds:

The opinion by Judge Hudson, who has a long history in Republican politics in northern Virginia, continued a partisan pattern in the health care cases. Thus far, judges appointed by Republican presidents have ruled consistently against the Obama administration while Democratic appointees have found for it.

That has reinforced the notion — fueled by the White House — that the lawsuits are as much a political assault as a constitutional one. The Richmond case was filed by Virginia’s attorney general, Kenneth T. Cuccinelli II, a Republican, and all but one of the 20 attorneys general and governors who filed a similar case in Pensacola, Fla., are Republicans. Other lawsuits have been filed by conservative law firms and interest groups.

The two cases previously decided by district courts are already before the midlevel courts of appeal, with the Detroit case in the Sixth Circuit in Cincinnati and the Lynchburg case in the Fourth Circuit in Richmond.

The Justice Department, which is defending the statute, is also considering whether to appeal Judge Hudson’s ruling to the Fourth Circuit, which hears cases from Virginia and four other states. That would leave that court to consider opposite rulings handed down over two weeks in courthouses situated only 116 miles apart.

The case is eventually expected to head to the Supreme Court.

You may recall that back in March, Cuccinelli wrote a letter to the state's public colleges encouraging them to abolish policies that prohibit discrimination of gays and lesbians.

Exclusive: Virginia Congressional Candidate Krystal Ball Says Dems Who Don't Stand For Equality Show 'Lack Of Courage'

Democratic Congressional candidate Krystal Ball never thought she would go into politics. After seeing her Congressman, anti-gay Republican Rob Wittman, in action, however, the Virginia-based mother knew she needed to get involved and change the game, especially with regard to LGBT equality.

I first met Ball, who's only 28, over the summer, at the Netroots Nation conference. Her approach and experience were impressive, to say the least, so I recently rang up her campaign and had a short, yet telling, conversation with the Virginia Congressional hopeful.

AFTER THE JUMP, Ball discusses how she turns Tea Partiers onto same-sex marriage, why government does indeed need to step in for equality and how Democrats who don't stand for gay rights show a "lack of courage."

News: Michael Jackson, WikiLeaks, Twitter, James Franco

"Study": “People who either identify themselves as homosexual or bisexual, or have had a same-sex encounter or relationship, tend to come from more disturbed backgrounds." Yeah, right.

WikiLeaks suspect Bradley Manning was closeted military man who leaked documents after a big argument where he was "lectured by ex-boyfriend." Would the leak have occurred if DADT didn't exist and Manning had more of a support system in the military?

Lindsay Lohan keeps dressing up as Marilyn Monroe.

New Michael Jackson album featuring "sensational" leftovers from his "Bad" album due in November.

Jersey Shore's Snooki leaves the pokey.

VA AG Ken Cuccinelli on letter he sent our earlier this year calling for removal of anti-discrimination laws:  "Could we have dragged our feet and made it take longer? Yes. Should we have? Yes. Should it have been written less like somebody who's a cold-blooded, objective engineer wrote it? Yes. The one thing we got right in there was: the law."

Lack of money in the register, not Jesus, prevented this cell phone store from being robbed.

Matt Bomer shoots new scenes of White Collar with a pink collar.

Andy Cohen and Steven Colbert re-enact a Housewives cat fight.

Politician sends out flyers with opponent's "face superimposed over a rainbow flag, with two male figures holding hands." She also lied claiming he wants to legalize public sex in restrooms.

NY Mag on James Franco: "Franco, you might say, is queering celebrity: erasing the border not just between gay and straight but between actor and artist, heartthrob and intellectual, junk TV and art museum. His obvious relish for gay roles challenges the default heterosexuality of Hollywood leading men like Clooney or Pitt."

Twitter marks a big milestone: 20 billion tweets!

Yes, there is a difference between jazz hands for spirit fingers.

Well that was quick. Levi Johnston and Bristol Palin's engagement has been called off.

Apparently Prince Charles thinks he needs to save the world.

Irish transgendered woman says she will apply for refugee status in Canada if that country tried to send her back to Europe.

Report: "The Vancouver School Board has significantly downsized its anti-homophobia and diversity consultant's hours, despite calls for greater anti-homophobia education in schools."

Virginia AG Ken Cuccinelli: Gay People Not Protected by the 14th Amendment Because its Writers Didn't Have Them in Mind

Virginia AG Ken Cuccinelli told a student at Boys State that gay men and women are not protected by the 14th Amendment because its writers would not have thought of them. 

 Think Progress reports:

In March, Virginia Attorney General Ken Cuccinelli (R) told the state’s colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing that schools have no legal authority to adopt such statements. On Friday, Cuccinelli appeared at Boys State, where a high school student asked him, “How is that not a violation of the equal protection clause of the 14th Amendment?” Cuccinelli responded by suggesting that the amendment was not designed to protect gay men and women

"State universities are not free to create any specially protected classes other than those dictated by the General Assembly,” Cuccinelli said. “Your question is, why is that not a violation of the 14th Amendment’s equal protection clause. Frankly, the category of sexual orientation would never have been contemplated by the people who wrote and voted for and passed the 14th Amendment."

DailyKos diarist Barbara Morrill makes note of the very inclusive 14th amendment:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Gay-Hating Birther Cuccinelli Says VA Will Sue Over Health Care

The hits never seem to stop coming from Virginia attorney general Ken Cuccinelli, who says the state will sue over health care reform legislation:

"Cuccinelli is expected to argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution. The attorney general's office will file suit once President Barack Obama signs the bill into law, which could occur early this week. 'At no time in our history has the government mandated its citizens buy a good or service,' Cuccinelli said in a statement last night. Word of the impending legal action came as the U.S. House debated late into the evening and passed the landmark reform legislation, 219-212. The votes of the House delegation from Virginia mirrored those cast when Obama's health-reform package first came up for a vote in November. Four of Virginia's six Democratic congressmen supported the $940 billion bill: Rep. Robert C. Scott, D-3rd, Rep. Tom Perriello, D-5th, Rep. Gerald E. Connolly, D-11th, and Rep. James P. Moran, D-8th."

In unrelated news, on Friday, Cuccinelli,  who has been under fire for advice he gave two weeks ago that public universities should rescind their bylaws protecting gays and lesbians from discrimination, said that homosexual acts are a detriment to our culture.

There is an LGBT PROTEST of Ken Cuccinelli on Tuesday at George Mason University School of Law from 4pm - 8pm. Facebook info HERE. Also, HERE.

Virginia AG Ken Cuccinelli: Homosexual Acts are a Detriment to Our Culture

Virginia Attorney General Ken Cuccinelli, who has been under fire for advice he gave two weeks ago that public universities should rescind their bylaws protecting gays and lesbians from discrimination, was asked today if he believes the practice of homosexuality is a detriment to our culture.

Said Cuccinelli: "The acts are. You certainly want everybody in your society to be integrated in the society, so, that's a focus that I'd like to take, but there's a distinction. And it's one that the General Assembly seems to be wrestling with every year, and we'll leave that one to them for now."

Watch, AFTER THE JUMP...