Congratulations, America

We did some good things out there in those little voting booths yesterday…most of us…but a hearty “good on ya” to everyone who took the trouble to participate in the process beyond just running their mouths (or their typing fingers).  And as my old high school biology teacher (and football coach) used to say each Monday morning in the fall, “I’d like to say jest a few words about the happ’nins of last week.”

Light bulbThis morning McClatchy ran a pretty good early analysis of why a president who seemed to be in a neck and neck race for re-election ended up winning so decisively.

…Democrats say [President Barack] Obama was able, despite the sluggish economy, to point to achievements. He trumpeted success at preventing the economy from hitting bottom with a stimulus plan that plowed government dollars into hiring. He achieved long-sought health care legislation, enacted a firewall to prevent a relapse of the Wall Street fiasco, backed a federal bailout to save auto industry jobs, ended the war in Iraq and oversaw the raid that ended in the death of Osama bin Laden.

“Osama bin Laden is dead and General Motors is alive,” Vice President Joe Biden suggested as an Obama campaign bumper sticker. “That about sums it up, man.”

At the close of the election, Obama was boosted by a crisis beyond any candidate’s control. As the massive storm Sandy barreled up the East Coast, Obama suspended his campaign appearances to tend to the emergency response, projecting an air of confidence and compassion and avoiding the criticism that plagued former President George W. Bush in the wake of Hurricane Katrina.

Light bulbOh, and on that neck and neck thing: Nate Silver of The New York Times 538 Blog, the target of a lot of conservative venting over his analysis of state by state polls which predicted that Obama had a way better than 50-50 chance of winning, is the smartest man on the planet today: if by now we know that Obama won Florida, Silver picked every. state’s. outcome. correctly.

“Journalists who professed to be political experts were shown to be well connected, well-informed perhaps, but – on the thing that ultimately decided the result: how people were planning to vote – not well educated. They were left reporting opinions, while Nate Silver and others reported research.”

Light bulbPolitico has a list of the dozen things we learned yesterday.

7. The Bush problem lingers

Romney’s refusal to triangulate away from President George W. Bush is one of the stranger decisions he made in this political climate.

Exit polls from Tuesday night show that a majority of voters still blame Bush for the weak economy.

This could be cause for concern for former Florida Gov. Jeb Bush, who is widely viewed as a potential 2016 hopeful and is a middle-of-the-road voice on immigration reform. It’s also an issue in terms of some of the Republicans’ top figures, such as Crossroads co-founder and former Bush political strategist Karl Rove.

How the Republicans deal with this in the next two years will be telling as their chances of reclaiming the White House next time around.

Light bulbOne more thing I learned is that Mitt Romney, though clearly in emotional pain when he took the stage in Boston, was incredibly gracious in defeat, setting a terrific example when he said “This is a time of great challenge for America, and I pray that the president will be successful in guiding our nation.”  Compare that to the creepily gleeful declaration from Republican leaders four years ago that their highest priority was to make Obama a one-term president, a priority they pursued with no discernible concern for the impact of their actions on the nation they claimed to love and swore to serve.  Those among them who don’t try to live up to Romney’s “come together” example are giving us a glimpse of their true motivations.

Light bulbSpeaking of their motivations, LZ Granderson thinks the president has won some vindication from those who’ve been clamoring to “take our country back” and have never seemed to have been able to give Obama credit for anything he’s done.

So when he was awarded the Nobel Peace Prize, his critics spent more time discrediting the importance of the award than congratulating him for winning it.

When unemployment fell under 8%, they accused the Obama administration of fixing the numbers.

When the president opted to campaign instead of surveying the damage caused by Hurricane Isaac sooner, he was called selfish. When Obama left the campaign trail to survey the damage caused by Hurricane Sandy, former FEMA Director Michael Brown criticized him for responding too quickly.

Nothing he did was good enough for them.

But on Tuesday, it was good enough for the majority of real Americans.

Light bulbThe drive to extend equal protection of the law to homosexual citizens and give them the right to marry under civil law cleared another hurdle: for the first time, voters have said yes to same-sex marriageLots of them, in fact.

Light bulbThe extremists who shanghaied the once-proud Republican Party must consider if they will moderate their views on many issues to broaden their appeal or if they’d rather defend those cherished beliefs…and lose election after election because, inconvenient though it may be to admit, most Americans just don’t agree with what they seem to stand for.

Light bulbMeanwhile, the president and the current Congress must pick up the can they kicked down the road a year ago and find an answer to correcting our government’s budget deficit: if they take no action at all, there will be massive cuts to discretionary spending at the first of the year that may well push the economy into another recession.  Swell.

OK then…let’s talk about something else for awhile, OK?

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Bravo, Mr. President

Let’s see now: I asked President Obama to take a stand…it was all the way back to, well, yesterday (see just below) that I asked if “anybody is ready to really show some leadership” on the issue of same-sex marriage by just having “the courage to publicly do the right thing.”  Today, the president publicly affirmed that he believes same-sex couples should be permitted to get married.  Thank you, sir.

To deny some Americans the right to marry under civil law due to their gender is discriminatory.  The fact that a majority of the states have constitutional or statutory prohibitions of same-sex marriage doesn’t change that fact, but even those barriers are likely to fade away as more people come around to the understanding that the prohibition is wrong.  Fact is, most Americans are live-and-let-live sorts who wish the anti-gay extremists would just shut the hell up and stop always trying to make everybody else live according to the rules of their religion.  Just yesterday the latest Gallup poll showed that half of all Americans believe same-sex marriages should be legal, and the numbers in favor have steadily grown over the years.

Was Obama’s announcement today politically brave?  Maybe.  Taking this stand isn’t going to change the minds of the religious extremists who make up so much of the conservative fringe that’s taking (taken?) control of the Republican Party: they hate him and are never going to vote for him no matter what he says, on this subject or any other.  From a political standpoint, those people are a lost cause.  This may hurt him among some less strident traditionalists who can’t go along with his stand on this issue, and now are lost from the group of independent voters who were still undecided; those numbers are pretty hard to calculate, though.

On the other hand, it has to help him among the gay rights supporters who voted for him four years ago and are disappointed that he hasn’t been stronger on the issue, despite his administration getting rid of don’t ask don’t tell and stopping any government support of the Defense of Marriage Act.  And it should help him among some independents who feel that taking a stand on a controversial issue deserves to be rewarded; the numbers there, too, are tough to add up.  Maybe his campaign numbers-crunchers have already done that, and maybe they think that this will be a net gain for Obama in November; we’ll see.

(One lesson here: despite the characterizations his enemies use, Barack Obama really is a very moderate and middle of the road politician. If he was the big liberal the conservatives claim he is he’d have started pushing gay marriage years ago.)

In either case, Obama has shown us that he can be a leader: he’s taken a stand that he knows is not universally popular and run the risk of political harm…time will show whether or not he can persuade America to the rightness of his position on this issue.  Now, he did take his sweet time about doing it—he was very cautious, and put his toe in the water with all that “evolving” crap to see what would happen.  He could have kept his mouth shut and waited for the issue to settle down and disappear again in a week or two, as it surely would have done.  But he didn’t.  Good for him.  Good for us.

OK, let’s make gay rights an issue in the presidential election—why not?!

I mean, it’s not like there’s already a bunch of issues in this year’s election on which the candidates (and presumptive candidates) have staked out well-reasoned and philosophically-consistent positions as they make a rational case to the people of America asking for the responsibility of managing one of the major branches of our national government, right?  So I’d like to see if anybody is ready to really show some leadership, and gay rights and gay marriage are perfect issues: all that’s required is the courage to publicly do the right thing.

The latest engagement was in North Carolina where the voters took to the polls Tuesday to say no to gay marriage, in great big, red letters.  In Slate William Saletan summarized the vote-no-’cause-God-says-so arguments, and other scare tactics, those people heard in the campaign: Gay marriage will destroy religious freedom, and weaken the economy, and be treason against God, and we’ll lose God’s protection from racial disasters, and it will lead to man-on-dog marriage.  (Seriously.)

(Interesting perspective, though, from the speaker of the North Carolina state house, who is convinced that any ban on gay marriage in his state will only be temporary.  “State House Speaker Thom Tillis, a Republican from a Charlotte suburb, said even if the amendment is passed, it will be reversed as today’s young adults age.  ‘It’s a generational issue,’ Mr. Tillis told a student group at North Carolina State University in March about the amendment he supports.  ‘If it passes, I think it will be repealed within 20 years.’”)

This comes just a week after a Mitt Romney campaign foreign policy spokesman resigned after anti-gay conservatives “made an issue” out of his support for gay marriage.  Yes, it was Richard Grenell’s “unhinged” support for gay marriage that upset these folks, surely; the religious extremists wouldn’t have used that to cover their opposition to Grenell because the man himself is gay…no no, surely not.  Romney didn’t cover himself in glory, caving to the intolerance from the religious rightand sacrificing Grenell on the altar of getting elected.

Joe Biden’s got something to say here—what a surprise!  But I’m inclined to agree with those who think that putting the loose-lipped vice president on “Meet the Press” and having him say he is comfortable with gay marriage as a civil right is part of a political plan by the Obama campaign, which wants to reassure gay and lesbian voters, and other voters who support gay rights, that the president really is on their side but doesn’t want to take the chance of reigniting this culture wars issue and inflaming anti-gay voters into supporting Romney.  Adding the secretary of education to the mix was a nice touch.  From the standpoint of election politics, I understand that reasoning.  (There are Democratic spin doctors who insist there’s no subterfuge involved, that the campaign wishes this issue had stayed down in the weeds.)

But I also agree with J. Bryan Lowder in Slate, and probably many others in other places, when they argue that there has to come a time when the political calculations take a back seat to doing the right thing.

However, at some point this kind of political prevarication is going to have to give way to principle. Though the cultural mood in this country regarding homosexuality has been morphing in the right direction for a number of years now, waiting for the zeitgeist or generational turn-over to solve everything isn’t going to help those citizens affected in the meantime by dangerously reactionary legislation.

(They’re talking about you, Mr. President, if you’re up to it.)

Lowder goes on to explain, and links to a FiveThirtyEight blog post in the New York Times that further explains, that the North Carolina constitutional amendment doesn’t just prohibit same sex marriage, it outlaws all civil unions and domestic partnerships in the state regardless of gender.  Now, God’s position on heterosexual civil unions is not entirely clear, but there is a new Gallup poll showing half of Americans today believe same-sex marriages should be recognized as valid by lawwith the same rights as heterosexual marriages.  That’s a dramatic change from 15 years ago when it was only 27% favoring and 68% opposing.

The tide is turning: last week Funky Winkerbean started a new series, and I have a feeling the good people of Westview, Ohio will end up on the side of the angels.

gay prom at westview

America moves one step closer to gay marriage rights, and the silence from opponents speaks volumes

Today a panel of a federal appeals court in California ruled that state’s Proposition 8, an amendment to the state constitution approved by voters in 2008 to outlaw gay marriage, is an unconstitutional violation of the right to equal protection under the law.  The appeals panel agreed with the federal district court decision which found marriage to be a fundamental right protected by the U.S. Constitution, and that there has to be a good reason to limit the exercise of that right to only certain people—in this case, one-man-and-one-woman couples.

Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted.

(snip)

All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of “marriage,” which symbolizes state legitimization and societal recognition of their committed relationships.  Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California…

The ruling was limited in scope and does not address whether “same-sex couples may ever be denied the right to marry.”  The court found that since “California had already extended to committed same-sex couples both the incidents of marriage and the official designation of ‘marriage,’ and Proposition 8’s only effect was to take away that important and legally significant designation, while leaving in place all of its incidents,” the court was able to rule on Proposition 8’s constitutionality without need to address the larger issue.  But that is the grounds where the ultimate appeal will be argued.  Supporters of this discriminatory and downright uncharitable proposition have the choice of appealing the case to either the full U.S. Court of Appeals for the Ninth Circuit or the United States Supreme Court; since that’s where we know the case is going to have to go eventually, I say let’s get on with it.

I’ll continue to argue that there is no good reason for gay people to be treated differently than straight people under the law when it comes to the exercise of the fundamental right to marry, or in fact the exercise of any fundamental civil right.  Various religions may restrict their rites and sacraments among their members according to their beliefs, but civil law protects the rights of all Americans and there’s no room for exceptions that serve only to salve the theological objections of one religion or another.  That’s what the Establishment Clause of the First Amendment is all about: no restrictions on an individual’s religious practice, but no religion’s law takes precedence in civil life.

Many of the voices opposed to gay marriage claim to believe they are protecting “family values” or “conservative values.”  Fine; I take them at their word.  What I’m arguing in favor of are American values: equality; liberty; fairness; tolerance; justice.  The argument was made most persuasively by the plaintiffs’ attorneys in this case, Republican Ted Olson and Democrat David Boies.  In August 2010, when the federal district court overturned Proposition 8, Olson made the case so clearly in a discussion with Chris Wallace on Fox News Sunday.  Click here to look at the clip and read the transcript.

We do not put the Bill of Rights to a vote….We ask judges to make sure that when we vote for something we’re not depriving minorities of their constitutional rights.

(snip)

…we have a 14th Amendment that guarantees equal rights to all citizens. It’s not judicial activism when judges do what the Constitution requires them to do, and they follow the precedent of previous decisions of the Supreme Court.

(snip)

If 7 million Californians were to decide that we should have separate but equal schools, or that we would send some of our citizens to separate drinking fountains, or have them be in the back of the bus, that would be unconstitutional.

(snip)

…we believe that a conservative value is stable relationships and a stable community and loving individuals coming together and forming a basis that is a building block of our society, which includes marriage…We also believe that it’s an important conservative value to sustain the rights of liberty of our citizens and to eliminate discrimination on invidious bases, whether it’s race, or sex or sexual orientation. It should be a liberal and a conservative value. It is a fundamental American value.

As I’ve argued before, the tide has turned.  Homosexuals serve openly in the armed forces; more states have legalized marriage between two people of the same sex, and are giving up efforts to stop gay people from adopting children; and now, when One Million Moms (hardly…it’s the American Family Association) calls on J.C. Penney to drop Ellen DeGeneres as its spokeswoman because she is openly gay, even Bill O’Reilly thinks it’s a McCarthy-esque “witch hunt”!  Surely, the times they are a-changing.

You wouldn’t mind if we just arrested you a little bit, would you, since you look like you might hate America?

Did you ever run across something that’s so bizarre, so out there, so freakin’ weird, that you think you must have heard it or read it wrong?  I did recently, when I read the story that the Congress of These United States was ready to pass a law making it perfectly legal for the government to use the Army to arrest American citizens here in America and hold them in custody, indefinitely, without charges or trial, if in the government’s wisdom that person was a terrorist threat.

Wait, what?

Yes.  Apparently still shivering with fear over the possibility of another September 11-type attack, Congress was ready to pass an amendment to the National Defense Authorization Act that would authorize the use of the military as a domestic police force and give clearance to arrest and detain citizens on the mere suspicion of terrorist complicity; there would be no messy and time-consuming need for formal charges to be filed, or for due process or habeas corpus to be respected.  Congress seemed confident that the American sheeple either wouldn’t notice or were so scared of terrorists that they would happily line up to trade in some of their Constitutionally-protected liberties for an unkeepable promise of safety in the future and the warm confidence that comes from thoughtlessly submitting to government authority over their lives.

(When, please, are we going to stop being scared of terrorists?  I’m not saying we should ignore threats, or even that we should demand to keep our shoes on at the airport, but living our lives in quaking fear of possible terrorism isn’t much different from looking over your shoulder all day every day just in case there’s a tornado following you.)

But Congress didn’t pass that law, because enough people saw what was coming and made enough noise to shame the members into backing off.  They approved an additional amendment that specifically disallows the arresting-American-citizens-here-in-America-without-charges part.

What in the wide, wide world of sports were they thinking?  Seriously: what drives the thought process of supposedly mature and rational adults to think it’d be OK to do this, even though the Constitution expressly forbids using the military as a domestic police force and forbids indefinite detention without charges?

One of the richly ironic results of this misadventure is that it caused political enemies and philosophical opposites to unite: the “Say what?” reaction came from liberals and conservatives and moderates, who all recognized a ham-handed attempt to take a big bite out of the personal liberties that America promises to all of its citizens.  And they rose together—as Americans—to emulate Buckley and yell “Stop!”.

The lesson?  Keep your eyes and your ears open, because someone will try something like this again; they always do.  It’s up to us—all of us—to see that they don’t get away with it.

OK, now that you’ve eaten all your vegetables, here’s dessert:

3338df600dac012f2fc600163e41dd5b Thanks to Tom the Dancing Bug and his friend Ruben Bolling.

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