This may be the most predictable news from the legal system since the last time Larry Klayman was hammered by a judge for being a shitty lawyer. I wrote last week that the Westboro Baptist Church had filed a motion to intervene in the Kansas same-sex marriage lawsuit and that this would be laughed at by the judges and that’s exactly what happened.
The virulently anti-gay Westboro Baptist Church made an insufficient case to intervene in a lawsuit challenging the ban on same-sex marriage in Kansas, a federal judge ruled Friday.U.S. District Judge Daniel Crabtree, an Obama appointee who on Election Day ruled against the Kansas ban on same-sex marriage, determined in a seven-page decision state officials defending Kansas law adequately represent Westboro’s interests.
“WBC has not identified any differences between the defendant’s ultimate objective in the litigation and its own,” Crabtree writes. “Nor can the Court identify any—both seek to uphold Kansas’ constitutional and statutory prohibitions against same-sex marriage. A shared ultimate objective between an existing party and an applicant for intervention triggers a presumption of adequate representation.”
Instead of being allowed to intervene, Crabtree permits the Topeka-based church to file a friend-of-the-court brief “asserting any arguments it would like the Court to consider.”
And now the law clerks and judges in that circuit are passing that motion around and snickering at it.