January 13, 2014
We are growing so tired of the subject of gay marriage. Seemingly, in some states, there is time for this debate. Obviously, these states need assign no time for discussions relating to education or unemployment or even, perish the thought, public improvements. Instead, gay marriage is the single most important impediment to the happiness of their citizens, whom they presume to all be of one mind and sexual preference.
The Supreme Court will face this question sooner or later. Indeed, most Court-watchers suggest the former, especially in view of the Court’s temporary stay of Herbert v. Kitchen last week, which allowed gay marriages in Utah.
So, the world (or at least Utah) is safe once again. Of course, there are still children going hungry every night in Utah, there are people out of work in Utah, there are schools which are not properly educating students in Utah, there are houses being foreclosed in Utah, there are people without medical care in Utah, but thankfully, there are no more gay marriages in Utah.
For people who believe that they know best what their god wants, and could care less what
other’s believe, we can only recall the conceit of the trial court judge as related in Loving v. Virginia, 388 U.S. 1 (1967): “‘Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.’”
It’s now 2014. Does it ever end?
We enter the new year with, of all things, a spoliation case that, miracle of miracles, actually contains a sanction for a defendant’s destructive conduct. Will wonders never cease?
In Malouf v. Equinox Holdings, Inc., 2014 NY Slip Op 00165 (1st Dep’t 1/9/14), plaintiff was injured when she fell off a treadmill in defendant’s gym. The treadmill was not operating properly and plaintiff reported its malfunction immediately to the gym’s staff and a claims defense form was prepared by a gym employee and forwarded to defendant’s legal department.
So, where’s the treadmill now?