Trumpeting their true colors

On Wednesday morning, still working from home most days because of COVID-19, I saw an email from the boss a few steps above me on the food chain warning us all of some new procedures to be followed if we had to physically go into the office.  I emailed my supervisor to ask if this new “help” from management was really something new for us and he said we’d talk about it in our regular meeting that afternoon; I replied “Meeting?  But I planned to watch Congress count the electoral votes this afternoon.”

I didn’t get to bed until 3:00 the next morning.

The election results have been clear: Joe Biden won, fair and square.  Recounts, and recounts of recounts, in many states, all showed that Biden won enough states to give him 306 electoral votes—the same amount Trump got in 2016, when he characterized it as landslide victory.  More than five dozen court cases challenging vote totals and voting laws in several states all sustained that result.  None of the accusations of fraud led to evidence of enough illegality that would change the result.  Many of the legal challenges were comically inept in their composition.  Republican governors and legislatures and secretaries of state did not bow to the siren song of a plea from the president to “find” the outcome he desired—they followed their laws and certified the legal winner.  The Electoral College certified those results.  Now it was up to Congress to add up the totals.  A formality.

There were stories online about a rally near the White House that morning where the president was reportedly repeating his regular grievances and his lies about the theft of his re-election, and I ignored that as just so much more of the same old same old, the blah blah blah that I and so many others have become so tired of, and so inured to, that I was so looking forward to, so very soon, not having to hear any more.  I was oblivious to the news that Trump supporters had a plan for the day:

The advance publicity for the “March for America” had been robust. Beyond the repeated promotions in tweets by the president and his allies, the upcoming event was cheered on social media, including Twitter, Facebook and Instagram.

But woven through many of the messages to stand up for Mr. Trump — and, if possible, block the congressional certification of the election he claimed he had won — was language that flirted with aggression, even violence.

For example, the term “Storm the Capitol” was mentioned 100,000 times in the 30 days preceding Jan. 6, according to Zignal Labs, a media insights company. Many of these mentions appeared in viral tweet threads that discussed the possible storming of the Capitol and included details on how to enter the building.

To followers of QAnon, the convoluted collection of conspiracy theories that falsely claims the country is dominated by deep-state bureaucrats and Democrats who worship Satan, the word “storm” had particular resonance. Adherents have often referred to a coming storm, after which Mr. Trump would preside over a new government order.

I’d seen the news that Vice President Pence had announced he would not/could not/had no authority to overrule the states and decide which electoral votes could be counted and which tossed aside.  After four years of his incredible obsequiousness to Trump I was surprised that he was acting like his own man but grateful to see it—I assumed now it would just be a matter of waiting through the speeches challenging the votes in a few states, and then the curtain would fall on the last scene of a dreadful play.

In blissful ignorance of what was to come, I tuned in for the start of the joint session of Congress but instead saw video of hundreds of people at the doors around the Capitol—no wait, it’s thousands, in fun colorful hats and shirts and carrying flags and such.  They looked to me like they were having more or less friendly exchanges with the police and security officers while they demonstrated their insistence that Trump had not lost the election.  Inside, Pence started the roll call of states to tabulate the electoral votes…and outside, the crowd was slowly moving up the steps of the Capitol.  And when some of them seemed to have made it inside, I assumed that police had let them in…there was no sign of any confrontation, and no reporting that there had been any.  But that changed.

A bloodied officer was crushed in a doorway screaming in Wednesday’s siege, which forced lawmakers to go into hiding for hours and halt their voting to affirm President-elect Joe Biden’s victory. Another officer tumbled over a railing into the crowd below after being body-slammed from behind. Members of the media were cursed, shoved and punched.

A vast number of photos and videos captured the riot, which left five people dead. Many of the images were taken by the rioters themselves, few of whom wore masks that would have lowered not only their chances of contracting the coronavirus, but their chances of being identified. Some took pains to stand out.

My favorite amendment to the U.S. Constitution guarantees, among other things, “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  (Emphasis added.)  When those people forced their way into the building, a peaceful protest turned into a criminal act.  And what I remember thinking as I watched on Wednesday, and knowing as little as I did then about the details, was that the Capitol police—clearly outmanned, and maybe outgunned—were smart to be taking a patient approach.  Rather than open fire, causing more casualties and who knows what kind of potential escalation, they were letting the baby cry itself out.  They even escorted some of the protesters out of the building.  There were no reports of large numbers of people being arrested, or of being injured.  The vote counting concluded.

While the U.S. Capitol was under attack by thousands of people intending to subvert the outcome of our election, some of them meaning to capture and possibly execute representatives of our government, President Sentence Fragment watched from a catered party tent at the White House before moving inside and staying glued to the TV.  He didn’t call out the National Guard, or any law enforcement agencies to assist; until pressed by his advisers he didn’t make any effort to get the protesters to stop, and when he did he told them he loved them; he didn’t make a phone call to find out if his vice president was safe and unharmed; and while the invasion was still going on he continued calling members of Congress trying to convince them to change the outcome of the election.  He is still insisting the election was stolen from him, and said he will not be attending Biden’s inauguration.  Good.

Since the events of Wednesday there are Trump supporters who are calling for him to resign, or to be impeached (again), or for Pence and the Cabinet to invoke the 25th Amendment to remove him from office.  Inasmuch as he has proved, yet again, that he cannot be trusted to obey the law or even to control his own impulses, I’d support any effort within the law to remove him from office.  The voters have done what they can, and he will be gone soon.  Others argue that the nation needs to heal, and any effort to remove Trump now will damage that effort.  That’s bullshit.

If we do nothing, if we turn away from this shameful event—this terroristic attack on our nation’s capital, nothing less than that—we will be tacitly encouraging it to happen again.  If we do not hold lawbreakers accountable for their actions, they won’t have any reason not to do it again.  We punish our children so they learn to behave, the same reasoning applies to entitled adults.

I don’t want to leave without touching on another important aspect of what we saw Wednesday.  It is fair to ask why it appears that these protesters—these white protesters—were treated so gently by law enforcement.

Can you imagine a scenario where an African-American mob storms the Capitol and the lawn is not littered with bodies and blood? That happens to Black people when they ask for equal justice, much less if they tried to overthrow the government. Yet this mostly white mob had the run of the building. What a shameful and wretched spectacle. What an embarrassment.

It’s another important aspect of the things we learned last week, thanks to Donald Trump.

For four years, Trump has made war on the constitutional order, on the institutions of American democracy, and on anyone who stood in his way. Almost all of the Republicans on Capitol Hill let him do it. They aided and abetted him. They voted to acquit him of impeachment charges. They endorsed him for reëlection and even acceded to his request not to bother with a Republican Party platform. The Party’s ideology, henceforth, would be whatever Trump wanted it to be. When Trump’s son-in-law, Jared Kushner, bragged about Trump’s successful “hostile takeover” of the Republican Party, he was, in a toxically untruthful Administration, for once telling the truth.

2020 vision

If we were to treat this like a “regular” election between “regular” candidates, it would be sensible to compare the candidates’ core beliefs and positions on important issues.  The problem with that, in this case, is not only that Donald Trump is not a regular candidate, he has no core beliefs or strong positions on any issues.

Very important to remember (and I’ve been harping on this, I know): Trump lies.  About everything.  Virtually every word out of his mouth.  There is no good reason to believe anything he says.  The Washington Post Fact Checker documented 20,000 lies by Trump as president, and that was back in July.  (As they say, the hits just keep on coming.)   If in any moment Trump needs his audience to think that he believes A, because he thinks the audience members believe A, he will say he believes A.  If in another moment he needs another audience to think he believes not-A, he will say he believes not-A.  It doesn’t matter to him whether he really does like A or actually prefers not-A, or if he’s even given the whole A/not-A dichotomy any real consideration: he will say anything if he wants it to be true in that moment.  What’s more, he thinks we are too stupid to realize that he has taken both the position of A and not-A at one time or another.

Also important to remember is that Trump has demonstrated he is not good at presidenting.  I mean being president of the USA—don’t even talk about his record of business bankruptcies.  He touts his handling of the economy, but he denies that he took office with an economy that was in pretty good shape and managed not to screw it up.  (By the way, the stock market is not “the economy.”)  He quickly reminds you about passing a tax cut bill…one that primarily benefitted the already-wealthy, AND which he doesn’t want you to remember is only temporary, AND WHICH was contributing to a big increase in government debt even before pandemic relief.

Oh yeah, the pandemic.  Any government effort to protect Americans from an insidious virus that was spreading across the country and killing thousands of people a week would have started by asking people to isolate themselves, and that was what forced so many businesses to temporarily close and shocked the U.S. economy back in the spring.  Once medical researchers identified the transmission path AND a simple and efficient way to block it—yes, the mask—a good president (and governors and mayors) would have been working like hell to get people to voluntarily help themselves and their neighbors by wearing the damn mask.  Other countries did, and they did not suffer the rates of infection and death that America has; they have not suffered the economic hardships that we have.  Trump’s willful mismanagement of the government’s response to COVID-19 is likely to be his legacy: his public denial of the problem, which contributed to the expansion of the problem, which led to more than 9 million infections and the deaths of more than 213,000 Americans (so far) along with the prolonged weakening of the economy.  You’ve probably heard: a third wave is already underway.

(Recently I read a woman’s complaint about wearing the mask; she feels she should not have to do that because “they have already taken so much away from us.”  Honest to god, lady: no one set out to take anything away from you.  There is an attack against our country underway right now, and our best response to the threat—which will help protect you, your children, your neighbors—calls for you to make a tiny sacrifice.  Why is this a problem?  It almost couldn’t be any easier.  Also: who is “they?”)

Very important to keep in mind—maybe most important—is that Trump does not believe in America, or its Constitution, or the rule of law, or our rights to life, liberty and the pursuit of happiness, or in racial or gender equality, or supporting the sacrifices of our fellow citizens in the armed forces, or in any type of service to country.  He doesn’t believe in Truth, or Justice, or the American Way.  He says he does, but he doesn’t.  (Remember, Trump lies.)

He ran for president as a publicity stunt, and was as surprised as anyone when he (barely) won.  He has used the office to enrich himself and his businesses, he’s alienated our allies, and he’s used the government itself to attack protesters and political enemies—he was impeached for doing that!  He wasn’t removed from office for it because he has also, somehow, managed to drag the Republican Party and a lot/many/most (?) of its leaders down to his level.  They talked themselves into believing that protecting Trump is what “real Americans” want them to do, because…why again?  Because with Trump as president they will get judges who will incorporate their political and religious beliefs into American law?

There was an ad on television the other day (please, Jesus, end the TV ads!) in which the candidate looked sincerely into the camera and told me “this election is about getting our economy moving again.”  No; no, it’s not.  I understand why you say that, and that would be a very good thing to get the economy back up to speed…also, to be able to go to a restaurant or a ballgame again, or even back to the office.  But no, that’s not what this election is about.

This election is about saving the United States of America from the chaos and fascism and authoritarianism that is undoubtedly right around the corner if Donald Trump wins re-election.  Even if Joe Biden is not everything you want in a president, he is one thing you need in a president: he is not Donald Trump.  He is a patriot, and he will govern with the best interests of this country at heart.  Just ask these Republicans:

You could also ask yourself, when was the last time I remember a president promising me that the next election was going to be rigged…unless he wins?  The last time a president running for re-election, and his political party, spent so much time making it harder for people to vote, and laying the groundwork to overturn the results?

He’s a clown…a cartoon.

Vote him out of office next week.  Do it for America.  A landslide may not be enough—let’s make it an avalanche that will also defeat whatever nonsense he pulls to try to ignore our votes and hold onto office (and stay out of jail).  That will make America great again.

A call to allies

One of the two best things I learned from watching the major political parties’ national conventions was that a four-night-long television mini-series with no drama about who will win the competition is much better when you concede that the live action in the hall doesn’t matter, so just producing it as a TV show works fine.  Probably better.  The second is that there’s a law called the Hatch Act that was designed to protect government workers from undue pressure and threat to their jobs from political parties and their operatives, but it also prohibits government facilities and workers who are on the clock from being used for partisan political purposes.

Truth is I actually knew that one before.  What I learned last week is that it’s just one more time-honored political tradition that President Trump and his party dumped on because, well, they are who they are.

I watched both major parties’ political conventions because I always do, because I thought I ought to so I’d have first-hand knowledge of what happened, and because I wanted to see what they would do since they couldn’t gather tens of thousands of people together in close quarters during the COVID-19 pandemic.  There was, shall we say, a distinct difference with respect to the medically-accepted protocols on how to fight the spread of a virus that is still killing a thousand Americans a day.

If you needed another opportunity to see the president give a rambling speech that focused on his many personal grievances, you got that.  If you are confused about how the incumbent president could offer a catalog of problems facing our country today—problems that started during his term or which became worse during that time—and try to scare you into believing those things are Joe Biden’s fault and will get worse if Trump loses the election, well, I’m with you on that one.  If you’re wondering how Joe Biden (or anyone, for that matter) could abolish the suburbs, I do not know.

For a faster and more entertaining version of the highlights of those lies, CNN’s Daniel Dale has it nailed.

Facing re-election is when most politicians take time to consider how to broaden their appeal and improve their chances.  Safe to say we can all agree that Donald Trump is not most politicians.  He is not trying to broaden his appeal.  He is counting on frightening those of our fellow citizens who supported him four years ago into doing so again, while taking actions which he thinks will make it harder for those who oppose him to vote at all.  And he’s hoping that his supporters will just overlook the fact that during his three and a half years in office he has weakened if not poisoned our relationships with international allies while sucking up to dictators, that he started trade wars that hurt American businesses and farmers, that his see-no-evil response to the pandemic is responsible for the deaths of tens of thousands of Americans and the cratering economy that was a direct result of our effort to protect ourselves from the virus, that he and his family businesses have siphoned off millions of tax dollars, that he overtly supports and encourages racists while never expressing concern for their actions (should we give him credit for honesty, for not pretending to care?), that he thumbs his nose at the laws of the land when they would inconvenience him and dares anyone to stop him.

To ignore the fact that so many of “the best people” he hired for his administration have ended up guilty of crimes committed in thrall to Trump and have served or are still serving time.  That he was impeached for trying to bribe another country to damage a political opponent.  That he lies to us every day in such an obvious way that it would embarrass a four year old.

Please don’t ignore this: former U.S. ambassador to Russia Michael McFaul, now a professor of international studies at Stanford, outlines the signs and symbols from last week’s Republican National Convention that identify Trump as an autocrat in the making:

Are you like me, do you read that list and hear the ring of truth?

For those who want to treat this election in a more traditional way and focus on “the issues,” I found a nice website that will help you with that.  It’s keepamericagreat.com and we’re all for that, right; here’s what you will find:

image

The cool thing is it lays out what Trump promised four years ago in areas such as the economy and jobs, immigration, foreign policy and more, and reports whether he made good on those promises or not.  (Hint: they say he did not.)  The hilarious thing is the site, sponsored by the Biden campaign, snatched up the URL of a variant of Trump’s mantra because, well, the Trumpsters apparently didn’t think to do it themselves.

I am encouraged to read of many Republicans coming out publicly against Trump…too bad there are so few Republicans in federal office who are doing the same.  I sympathize with people like life-long Republican William Treadway, a West Point graduate who swore an oath (as did Trump himself!) to protect this country from enemies both foreign and domestic.

Well, we have met the enemy, and he is a bigoted, failed businessman whose primary use of the American presidency has been to dodge accountability for his own misdeeds, to distract from ongoing Russian attacks on both our election systems and our soldiers, and of course, to line his pockets with money squeezed from the blood and sweat and suffering of Americans nationwide.

He has even sent federal agents, dressed like my soldiers were in Afghanistan, to a city near you with the prime goal of beating, assaulting and abducting women, veterans, and others exercising their First Amendment rights as part of a program of unconstitutional “proactive arrests.” (Never has a more Stalinist term been uttered in this decade.)

Trump is an existential threat to the United States. That is not hyperbole. Many Republican friends will say that they, too, understand that fact, and find his behavior abhorrent. Yet, when it comes to considering Joe Biden, the struggle remains very real.

Their solution instead is to pick a third party, write-in Captain America or simply not cast a ballot at all.

This would be an evasion of civic responsibility. The right to vote is sacred and hard-earned, and to waste it on what amounts to abstention is an insult to those who have given their lives to protect that privilege. (emphasis added)

The only powers we citizens have against such a reckless and cruel administration as Trump’s are the voice and the vote. While one voice and one vote may seem too minimal to have any impact against a government so powerful, if we all join in chorus, a nationwide roar, we can reclaim our America from under the boot of an abusive, corrupt and shameful administration.

Staying home this fall or voting for a write-in under these conditions would be a gutless act. The two-century experiment in self-government that’s given us all so much is in need of just one thing to keep from withering: A sensible vote from responsible citizens.

In the face of a national leader so toxic to the Republic and her people as Trump, the policy goals of his opponent become irrelevant next to the preservation of the Union. What we need right now more than anything is stable, honest leadership and serious accountability for those who’ve wronged this nation and her people. We need a President Joe Biden.

(snip)

I’m willing to announce it, openly and proudly, because while it may not align with my policy goals, it aligns perfectly with my oath to protect this nation from danger. I understand that others cannot take that position publicly. But when you fill out your ballot, whether you do it at home or in a voting booth, remember: I’m on your side, and always have been.

We’ll be secret allies for now, and later, when our country has healed, we will take pride together, knowing that we did our part to save it.

To accuse is not proof of the truth

The flurry of accusations of sexual assault against Supreme Court nominee Brett Kavanaugh and the attendant surge in the past few days of the #MeToo and #WhyIDidntReport hashtags has resurfaced for me a topic I’ve wanted to discuss, and on this day I’m happy to say that it is a topic which has nothing to do, at least not directly, with the president we cannot shake from the headlines for even one stinking day.  (Today he had to suffer the indignity of having the United Nations General Assembly laugh at him; I admit I enjoyed that very much.)  I’ve had this thought in the past year or so as events have forced the issue of sexual violence against women into public discussion, which is for the good, but now I’m hearing a drumbeat more loudly, more certain and more forcefully stated: the belief that all right-thinking Americans must accept all accusations by women of sexual harassment or sexual assault or rape at face value, without exception and without the need of corroborating evidence.  I’ve got a problem with that.  Let me risk stirring up multiple hornet’s nests all at once.

I have no problem with the protesters who argue Black Lives Matter, because I think I understand what they mean.  They do not mean black lives matter more than white lives (or the lives of any other color), despite the counterargument from some mostly disingenuous people who are trying to diminish the BLM effort.  The protesters are trying to persuade their fellow Americans that despite our country’s clear history of treating black people as less than people—even writing it into our Constitution—an inequitable, ignorant, hateful behavior that continues today, they are appealing to our better angels to persuade us that black lives matter, too.  At least that’s how I understand it.

They’re not saying that white lives don’t matter; they’re not saying that white lives matter less than black lives.  They’re calling attention to the recent string of deaths of black people, mostly young black men, at the hands of law enforcement across the country, in questionable circumstances, to try to make us all see the unfairness which they recognize as part of their daily lives.  The protests grow out of their personal experience, and they’re arguing for a commitment on behalf of all of us to the American ideal of fair treatment for all.  That’s also what the athletes are saying when they demonstrate during the national anthem: they aren’t protesting the song, or the flag, or the military, or the country in general, despite what you hear from the president (listen instead to the many many veterans who acknowledge that the right to this protest is exactly the thing they went to war to protect).  The players are taking advantage of their position in the public eye at that moment to do the thoroughly American thing of exercising their freedom of speech.  We each of us is free to disagree with their methods if we choose.

Now, I’m not saying that women in America have been treated the same way that black people have been treated.  (To any commenters who would criticize me for saying just such a thing, I refer you now to the previous sentence where I say quite plainly that I am not saying that.)  But I think it’s clear that women have been, and still are, treated differently from men in American society—there’s a Constitution thing there, too, of course—and that today they are making another push on behalf of their equality as Americans.  Specifically, they are speaking up on the subject of how, historically and contemporaneously, they have been and still are the victims of sexual violence.

In a society devised primarily by men with laws written primarily by men, in a society in which women were not considered equal citizens to the men, it should not be surprising that the men in charge protected themselves from accusations of sexual assault by women.  We can be ashamed of it, but not surprised.  Women were treated as property, as live-in baby-makers and babysitters and household help, and as “things” to be used by a man for his pleasure.  The men of those times turned a deaf ear to any woman’s protest of mistreatment, knowing that the woman would not be taken seriously and that even if her complaint were believed, well, so what.  The women of the time came to know the likely result of speaking up, and so they didn’t.

In more modern times we like to think that we’ve become enlightened enough not to behave in that way toward women; recent examples abound that prove how wrong we have been to think that.  Even as women became more financially independent of the men in their lives and more able to sustain a public accusation, they knew that the default response of male-dominated society remained to disbelieve and to dismiss accusations, and to find ways to punish the accusers for having accused.

What is changing now—for the good, I believe—is that the public airing of accusations of sexual assault has caused the scales to fall from more men’s eyes, for us all to recognize that this is real and pervasive, and to feel at least a little sick to our stomachs that we’ve closed our eyes to this reality for so long and allowed the women in our lives to suffer.  We’re coming around, as a society, to having our default response to these accusations be to search for the truth rather than to dismiss the charge out of hand.  Yea, America!

What concerns me is those who are filled with the fervor of the rising tide of righteousness who go a step too far and treat any accusation of sexual assault as proof of the truth of the charge.  It’s the right response to take an accusation seriously, and to investigate as we do when any crime is alleged; but it’s not right to assess a guilty verdict and hand out punishment solely on the basis of an unproved accusation.

Some of the accusations of sexual assault against Brett Kavanaugh seem more believable than others; inasmuch as they are being made against a nominee for a seat on the Supreme Court of the United States, who proclaims his innocence of the charges, they deserve to be investigated to try to determine if they are true or false, and to learn what we can about the nominee in the process.  (BTW, Republicans on the Senate Judiciary Committee: that’s exactly what the FBI does; that’s what it’s there for…put it to work).   Let the system work; there is no reason to rush a vote on this nomination…well, no good reason, anyway.  The GOP proved quite clearly, thank you, when refusing to take any action at all on the nomination of Merrick Garland in 2016, that the Supreme Court can get along nicely with one seat vacant.

America’s growing recognition of the ways in which our country has not lived up to the lofty goals of our Founders, and our continuing efforts to make those wrongs right, must continue.  Reaching the ideals of equal treatment under the law and providing a level playing field for all Americans, of being the open and welcoming society of our dreams, will take longer than we would like it to but we’ve got to keep going, keep our eyes on the prize.  But we won’t get there by trashing our belief in innocence until proven otherwise.

Equal protection: it’s what we do here at the ol’ USA

The first time I wrote about gay marriage rights here was more than four and half years ago  (“Equal justice for all: the gay rights tide has turned,” Oct. 15, 2010) and the kernel of the argument was already formed:

We can proclaim not to understand why people are homosexual, or embrace a religious belief that homosexual activity is a sin, but none of that matters in a tolerant, secular, civil society.  The experts can’t say why a person is sexually attracted to one gender or the other.  And it violates the rights of due process and free speech guaranteed to each American in the Constitution to treat someone differently because of their sexual orientation just as it would to treat them differently because of their gender or their ancestry.

(snip)

You don’t have to “understand” gay people any more than you have to “understand” people of a different race or a different religion.  You only have to understand that these people are Americans like you, who believe in American rights like you do, who want to enjoy American freedoms like you do…

This week, history: a 5-4 decision from the Supreme Court of the United States in Obergefell v Hopkins takes its place alongside the great civil rights and civil liberties decisions of American jurisprudence.  The U.S. Constitution guarantees the right of all Americans to civil marriage, and all its advantages and protections, be they heterosexual, homosexual, bisexual, or asexual.  As far as the civil law is concerned this isn’t about sex: it’s about equal treatment under the law.

Homosexual conduct is no longer a civil crime in this country, and thus is no reason to withhold the full rights and exercise of citizenship from homosexuals.  Homosexual conduct is objectionable within many organized religions, to be sure, and virtually all of the opposition to extending the right to marry to gays and lesbians has come on religious grounds.  For the most part I don’t question the sincerity of that religious belief (although it would be prudent to account for the cynical exploiters, primarily from the political realm).

But that’s beside the crucial point, which is that, in this country, civil law is not answerable to religious law.  The First Amendment guarantees that we each and all get the freedom to practice our religions, but also guarantees that none of those religions wields authority directly over civil society.  The Constitution protects us from any majority that would try to force one or another religious doctrine onto everyone—because the Constitution takes religious liberty for all just that seriously—and guarantees that all men and women deserve equal treatment under law.  Despite the nearly hysterical dissenting opinions of some of his colleagues, Justice Anthony Kennedy’s decision didn’t create a new right; it reminded us about a right that’s been there all along…and my friend Mr. Jefferson recognized the rationale by which Kennedy connected the dots (and Peter Foster of the Daily Telegraph reminded via the Twitterverse) long ago:

Obergefell does not mean that First Amendment protections of religious liberties are at risk, despite what you’ve heard.  Some of that reaction is well-intentioned misinformation; most is hot air from right-wing politicians and conservative religious extremists who need a boogieman to scare their supporters into donating money.  (I’m looking at you, Governor Abbott—thanks, Evan Smith for the Tweet-tip.)  In either case, they are wrong.  Religious organizations are exempt from this ruling, as they are exempt from many other laws, like, say, tax laws.  As Lisa Falkenberg put it in this morning’s Houston Chronicle, this ruling has no applicability to individuals in their private lives or to private religious institutions: “It does not keep anyone from judging, or hating, or even just politely refusing to acknowledge gay people.  No court ruling has ever told a pastor whose wedding he or she can bless.  That hasn’t changed.”

It is possible to believe in the religious sacrament of marriage and still accept this court’s decision on civil marriage rights for homosexuals.  Michigan Representative Justin Amash, a Tea Party/Libertarian/Republican, made the point quite nicely this week on Facebook:

Throughout history, different cultures have defined marriage according to their own customs and practices. Christians, Jews, Muslims, Buddhists, Hindus, agnostics, and atheists do not share identical views on marriage. In fact, significant differences regarding marriage exist even within Christianity.

What makes marriage traditional is not its adherence to a universal definition but rather that it is defined by personal faith, not by government. For thousands of years, marriage flourished without a universal definition and without government intervention. Then came licensing of marriage. In recent decades, we’ve seen state legislatures and ballot initiatives define marriage, putting government improperly at the helm of this sacred institution.

Those who care about liberty should not be satisfied with the current situation. Government intervention in marriage presents new threats to religious freedom and provides no advantages, for gay or straight couples, over unlicensed (i.e., traditional) marriage. But we shouldn’t blame the Supreme Court for where things stand.

To the extent that Americans across the political spectrum view government marriage as authoritative and unlicensed marriage as quaint, our laws must treat marriage—and the corresponding legal benefits that attach—as they would any other government institution. So, while today’s Supreme Court opinion rests upon the false premise that government licensure is necessary to validate the intimate relationships of consenting adults, I applaud the important principle enshrined in this opinion: that government may not violate the equal rights of individuals in any area in which it asserts authority. (emphasis added)

The civil right of marriage is open to all Americans.  We must be diligent about making sure that the implementation of this decision protects the First Amendment rights of those with a religious objection to same-sex marriage, keeping in mind that it doesn’t give them the right to ignore the law.  And while we’re at it we should work on getting rid of the laws which still permit discrimination against gay Americans in the areas of housing and hiring and other aspects of day to day life, and any other laws that violate anyone’s right to equal treatment.  Because we’re Americans, and that’s what we do.