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.

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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.

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…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.

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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.

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…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.

Why politics has become so damn annoying

I used to be completely enamored of politics.  I was interested in the government issues that were discussed, and intrigued by how professional politicians figured out how to win support from their colleagues and the voters, and proud to see how the system was used to pass laws meant to support the rights and freedoms upon which our country was established.  But the system has moved away from me over the years.

For me America’s politics has become more and more grating as it’s become less about political issues and more about Christian fundamentalism.  I learned about government and politics in a time and a place where government and politics were not seen as a means to enforce some any religious orthodoxy through law; since the law said everyone had freedom to practice their faith, or not to practice one at all, it didn’t occur to me that religions had anything to worry about.

The veil started lifting from my eyes in the 1980 election campaign.  I was a recent college graduate and news reporter trying to comprehend the strident religious rhetoric from the Rev. Jerry Falwell of the Moral Majority: wasn’t it out-of-place for this preacher to be mixing religion and politics?  In time I came to understand that a group interest based on religious belief was as valid as any other group interest in an election, but I was never comfortable with the sub rosa assurances from Falwell and his colleagues that their political position came with a Holy Imprimatur (“I’m God, and I approve this message.”)

Today, I see that a goodly portion of the people whom we politely refer to as social conservatives would more accurately characterized as Christian extremists who would like nothing more than to live in a semi-fundamentalist Christian theocracy, despite their declared love for the United States Constitution which expressly forbids that.  Granted, they have shown some, uh, flexibility in insisting they support the original intent of the document throughout, but cherry-picking those passages that support their position on an issue while ignoring all those which don’t.  But I give them credit: they played within the system, they played by the rules, and they’ve all but taken over the Republican Party.

Today I found this thoughtful video editorial at The Daily Beast: Michelle Goldberg gives some props to the religious right while gently scolding the pouters on the left who say they’ve given up on President Obama and electoral politics because they haven’t gotten everything they wanted since he was elected. 

Maybe it was the Reagan Revolution; maybe it was the Goldwater Generation; but conservatives have made the very vivid point that persistence pays off–there are elements at home today in the GOP’s ever-narrowing tent that neither Reagan nor Goldwater would have ever thought would be accommodated.  It’s an object lesson that the Republican fiscal conservatives, and the moderate-progressive-liberal-independent plurality of American citizens, need to take to heart.

And now for some truth about today’s GOP, we go to Bob in the Heights

My friend Bob Eddy has something to say today about the current race for president of these United States, about which you may have heard a thing or two in the past year or so. He has an endorsement, and a prediction, and a link to a great story in Rolling Stone (that I’m still working on) with background on the evolution of the Republican Party over the last two generations into the enclave of selfish anti-tax extremists you see before you today. Bob…

Against my better judgment—I guess more than anything because I have a lot of reading time these days—I have been keeping up for some time now with the often humorous and desperate “Anyone but the Mormon!” reality show currently masquerading as the Republican primaries. I mean, who can resist? What a pack of fucking coconuts, every one of them. Excluding Ron Paul, who’s basically a nut with a couple of good ideas, and Huntsman, who is waaay too centrist for this rabid crowd, they’re a bunch of pathetic pledge-signing panderers beholden to the Tea Baggers and Christian right; scumbags who made their millions peddling their influence trying to portray themselves as “outsiders” and reformers—I’d have better luck trying to dress up and look like Kim Kardashian. I liked Bill Maher’s “New Rules for the New Year” featured in the [New York] Times last week – among my favorites: 

If you were a Republican in 2011, and you liked Donald Trump, and then you liked Michele Bachmann, and then you liked Rick Perry, and then you liked Herman Cain, and then you liked Newt Gingrich…you can still hate Mitt Romney, but you can’t say it’s because he’s always changing his mind.

And now you can add Rick Santorum to that list. Concerning Rick Perry:

The press must stop saying that each debate is “make or break” for Rick Perry and call them what they really are: “break.”

Even crusty curmudgeon Krauthammer at the [Washington] Post calls this one “a weak Republican field with two significantly flawed front-runners contesting an immensely important election.” Of course that was a couple of weeks ago, when everyone assumed it would be Romney vs. Newt: Yes Charlie, who will save America from that cloaked and quasi-American and his plan to turn this great nation into a socialistic Hieronymus Bosch painting, the commie love child of France and Cuba?!  In the same editorial he wraps it up with “If Obama wins, he will take the country to a place from which it will not be able to return (which is precisely his own objective for a second term).”

Wow!  Gives me shivers…

Bye-bye, Michele, you were my favorite! Sorry God’s mysterious plan for America doesn’t include you after all! And who can forget “I’m not going away!” Herman Cain…are you fucking kidding me? Oh yes you are, Herman, your little five minutes on stage are mercifully over. Poor Herman, the misunderstood Jimmy Stewart of the pizza business. Yes, after shuffle dancing around the harassment accusations, he then had to admit to a 13-year relationship with an Atlanta businesswoman that included him giving her monthly cash installments—but all in benevolent innocence of course, strictly friends. A friend his wife knew nothing about. You know, like George [Bailey], when he gives the town floozy some cash to go start a new life outside of Bedford Falls in “It’s a Wonderful Life!”

So anyways, with the remaining bag of nuts now taking off the gloves and heading to New Hampshire for another family cage match, the media has been dogging my phone for weeks asking if I’m ready to go on record endorsing a candidate! And my Tweeter is down!! So I’ve chosen tonight to officially give my full support to the incumbent, President O. To quote Thomas Friedman in a recent editorial, “I still don’t want my money back.” Not only that, my money says he will soundly beat any one of these weak challengers. Sorry, they just didn’t/couldn’t come up with a serious contender. Poor Mitt—will he once again face the shame and embarrassment of his party’s rejection? I see grandpa McCain has thrown him a bone of support, as if anyone gives a dry fart what he thinks—the man who gave us Sarah Palin. Dan Quayle is also for Mitt—take that Newt, IN YOUR FACE!

The nation is still recovering from a crushing recession that sent unemployment hovering above nine percent for two straight years. The president, mindful of soaring deficits, is pushing bold action to shore up the nation’s balance sheet. Cloaking himself in the language of class warfare, he calls on a hostile Congress to end wasteful tax breaks for the rich. “We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share,” he thunders to a crowd in Georgia. Such tax loopholes, he adds, “sometimes made it possible for millionaires to pay nothing, while a bus driver was paying 10 percent of his salary – and that’s crazy.”

Preacherlike, the president draws the crowd into a call-and-response. “Do you think the millionaire ought to pay more in taxes than the bus driver,” he demands, “or less?”

The crowd, sounding every bit like the protesters from Occupy Wall Street, roars back: “MORE!”

The year was 1985. The president was Ronald Wilson Reagan.

That’s the opening from an excellent and fascinating piece in a recent Rolling Stone (by Tim Dickinson), entitled “How the GOP Became the Party of the Rich.” I mean no offense to those who vote and stand for the Grand Old Party, but sometimes I wonder if a lot of them really know what they’re voting for these days. It’s quite an extensive and in-depth look at the party today, and its evolution over the last 25 years. What’s most surprising is it’s filled with quotes from top level economic movers, shakers, and advisors of past Republican administrations that, frankly, barely recognize what their party has become. Reagan budget director David Stockman goes on record saying “The party has totally abdicated its job in our democracy, which is to act as the guardian of fiscal discipline and responsibility. They’re on an anti-tax jihad—one that benefits the prosperous.” Bruce Bartlett, an architect of the 1981 Reagan tax cuts says “Taxes are ridiculously low! And yet the mantra of the Republican party is tax cuts raise growth…so where’s the fucking growth?”

George Voinovich, former GOP senator from Ohio, when discussing the debt ceiling standoff of last year, likened his party’s new guard to arsonists whose attitude is “We’re going to get what we want or the country can go to hell.” Even economist Glenn Hubbard, designer of the Bush tax cuts, tells Rolling Stone there should have been a revenue contribution to the debt ceiling deal, “structured to fall mainly on the well-to-do.”

Alan Simpson, former senator and personal friend of the Gipper, says Reagan recognized raising taxes as a necessary and effective tool to bring down unwieldy deficits and wasn’t afraid to do so—he “raised taxes eleven times in eight years!” Yes, the Moses of the Republican party, the man who’s name and image is a virtual icon, only hearkened to with reverence and adulation.

Republicans have responded to the worst economic crisis since the Great Depression by slashing inheritance taxes, extending the Bush tax cuts for millionaires and billionaires, and endorsing a tax amnesty for big corporations that have hidden billions in profits in offshore tax havens. They also wrecked the nation’s credit rating by rejecting a debt-ceiling deal that would have slashed future deficits by $4 trillion – simply because one-quarter of the money would have come from closing tax loopholes on the rich.

How did this all start? With a smarmy little Harvard-educated Chamber of Commerce staffer and sphincter-licker named Grover Norquist, who began the hijacking of the Republican Party back in 1985 when Reagan made him point man for a pressure group called Americans for Tax Reform.

But it’s a long story, I’ve said my piece. I’ll close with something from one of the lucky few presidents who got to actually preside over a government that ran in the black—and get a hummer in the Oval Office from a hot young intern. The article mentions that a decade ago [Bill] Clinton warned the Republican tax cuts would return America to a period of “deficit upon deficit” that culminated in “the worst recession since the Great Depression.”

Obama is going to win because he will successfully make the case that his opponent’s party stands for obstructionism and the demise of the middle class. And it won’t be that hard.

Go Texans!

Star Wars analogies, girls in bikinis, and the spirit of journalism

I’m not the most cynical person around when it comes to the practice of journalism today…really, I’m not. If I was completely cynical about what passes for a lot of the journalism being published these days—if I believed it was a lost cause, a total sellout to the evil forces of what David Shaw called “the four horsemen of the journalistic apocalypse: superficiality, sensationalism, preoccupation with celebrity, and obsession with the bottom line”—then I wouldn’t bother talking about it at all; there’d be no point. I feel there’s still some good in there, or can be, perhaps in the way that Luke Skywalker could feel the Anakin Skywalker that still remained within Darth Vader. I must still try to turn it back to the good side of the Force.

Many of my contemporaries in the post-Watergate generation went into journalism with an idealized and inflated vision of what journalists could do, and we really did (and do) believe in the vital importance of the role of journalism as a watchdog over government power, a role that was understood and respected by the Founding Fathers to a far greater extent than it is by today’s civic and government leaders and a growing percentage of the general public. But without doubt, the excitement of being a reporter was part of the attraction, too.

Jim Romenesko linked to a recent Brain Pickings post highlighting a 1940 Encyclopedia Britannica film from the Your Life Work series, which called the film an “idealistic manifesto for the deeper ethos of journalism as a calling.” Yea…and it’s funny to see how they were selling it to the pre-World War II student body; enjoy…

While you’re at it, take a look at this video that fights against itself trying to disprove the idea that a pretty girl in a bikini is not necessarily a distraction to effective instruction.

And when you’re done, nose around Brain Pickings…some interesting stuff there on the notion of creativity.

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.