Category Justice

Gay marriage news, the Anglo-American edition

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It was only in passing that I mentioned last month’s election results that put another four states on the side of the angels in the fight to legalize gay marriage. There’s been an important development since then: the U.S. Supreme Court’s decision to hear arguments in two cases on the issue, opening the possibility of a legal precedent that will apply to every state in the union.

Supporters of giving same-sex couples the right to marry are enthused, since this decision comes in relatively close proximity to (1) President Obama announcing his support for gay marriage, (2) another appeals court overturning the Defense of Marriage Act (Windsor v. United States), and (3) people in more states voting in favor of same-sex unions. Emily Bazelon writes in Slate with some great background on the two cases themselves, and offers a warning: don’t assume that because four justices agreed to hear the cases that there are five of them who will rule in favor of gay marriage. Conventional wisdom has it that the court follows the people, but I’m trying not to get overly optimistic: it could be that the justices who said yes to taking up the matter are predisposed to uphold the Defense of Marriage Act or to defer to states on the whole thing…and 39 of them have outlawed gay marriage either by statute or in their constitutions.

I wish we could get some of those states, or Congress, to think about this issue in the way Britain’s government proposes: legalize same-sex marriage in civil law, and make the clear stipulation that religions which object cannot be forced to perform gay weddings.

Face it: most of the objection to same-sex marriage in our country claims a basis in religious teaching. I sympathize with people who are afraid that legalizing a practice condemned by their religion would somehow infringe on their own religious freedom, although I don’t think that would happen in this case. But the core issue as I see it is not one of religious freedom, it’s a question of equal protection under the law. To try to put it simply, it’s not fair that only some citizens can enjoy the benefits of being married under law; if it’s OK for some it must be OK for all, assuming it doesn’t hurt society at large. And let’s don’t get sidetracked on age limits—we already prohibit minors from entering contracts—or possible plural marriages or bigamies, which might be seen to have built-in disincentives and punishments. (Remember the old joke—what’s the penalty for bigamy?  Two wives.)

Think of any given religion as a private club: no one of us is required to join that club but we each have the freedom to do so, and those who do join should be prepared to follow the club’s rules. If one club’s rules prohibit same-sex marriage, that is the club’s prerogative; but the rules of any one club or other are not binding on those of us who didn’t join the club.

The civil law is what’s binding on everyone in the civil arena, and it must be applied equally and fairly to all. The British plan makes it clear that each club/religion retains the right to apply its own rules to its members while inside its clubhouse, but that there is a civil law applicable on the broader scale to the rest of society regardless of the rules inside Club A or Club B.

So, there’s a lot to keep an eye out for on this issue, what with the courts and the lawmakers getting involved. There’s one more front, too, but in this case there’s a possibility that America’s emerging embrace of same-sex marriage, and perhaps of homosexuality in general, could have unintended and disastrous consequences. I refer, of course, to Choire Sicha’s discovery of just how gay marriage could lay waste to the quaint vacation industry:

Yes, America will have to rise up against the menace of bearded gay schoolteacher couples who like to weekend and all those inn-going lesbians with lawyers. With the end of small businesses in America, we’ll just go state-by-state and repeal these gay marriages and everything will be fine. That’s exactly how this will shake out.

Congratulations, America

Pat Ryan Leave a comment

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 marriage.  Lots 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?

It’s the right thing to do…and now we have data!

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Today’s the day we can celebrate the first anniversary of the demise of the “don’t ask don’t tell” policy that pushed 13,000 homosexual soldiers, sailors, airmen and Marines out of the armed forces of our country and forced untold thousands of others to lie about their sexual orientation in order to continue to serve.  How has the republic fared?

You’ll recall that some opponents of the repeal warned of dire consequences should we choose to stop discriminating against homosexuals who wanted to serve their country; well OK, let’s assess the fallout now, a year removed from the heat of the moment.  Nathaniel Frank today in Slate:

During the debate over “don’t ask, don’t tell”—which ended one year ago this week—Sen. John McCain insisted that ending the gay ban would do “great damage” to the military, and the commandant of the Marine Corps said it could “cost Marines’ lives.” One think-tanker agreed that we’d be taking “a risk with our lives, property and freedom.” Another declared breathlessly that, “ultimately all of civilian life will be affected.” Then there was the dire prediction that one-quarter of the military, or 500,000 troops, might quit in protest.

(snip)

A new UCLA study, which I co-authored with other academics including military professors from all four U.S. military service academies, has assessed whether ending the gay ban has indeed harmed the armed forces. It hasn’t. Our conclusion is that ending the policy “has had no negative impact on overall military readiness or its component parts: unit cohesion, recruitment, retention, assaults, harassment or morale.”

(snip)

But we found we could go beyond that: We can also report that after the military ended the gay ban, the institution itself improved, and not just for gay people but for the overall force. Lifting the ban, we found, improved the ability of the military to do its job by removing needless barriers to peer bonding, effective leadership and discipline.

Surprised?  I’m not.  I did then and do now have confidence in the Pentagon’s ability to carry out its orders; I did then and do now have faith that most American men and women, in and out of the armed forces, believe in the American values of equality, fairness and tolerance; I did then and do now believe that the remaining barriers of prejudice are best overcome by exposure to the unknown.

And I believe that ending policies and practices that discriminate against homosexuals will have the same effect in other areas of life as it’s had for the military, because I believe most American men and women, despite the teachings of some religions to the contrary, know in their hearts that it’s the right thing to do.

Mark your civil rights calendar: the gay marriage issue could get to the Supreme Court before the end of the current term.

“American Taliban”

Pat Ryan 2 Comments

From time to time I find something I think is worth recommending that other people check out; I found such a thing last week.

This is about politics; this is about the people I’ve accused of hijacking the Republican Party and turning it into a secular curtain that they hide behind in their fight to impose their religious beliefs on all Americans through civil law, despite what the First Amendment says about that in this country (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”); this is about us all getting a clear look at what’s going on back there behind that curtain.

Political parties are not mentioned in the United States Constitution; they don’t exist as a part of government to promote the common good, they exist as private organizations to promote themselves and those who support them.  In the last generation, the Republican Party of Lincoln and Reagan has been take over by people who played the political game according to the rules, who participated and organized and worked their asses off, until they were in a position to control the outcomes of party primaries.  Today, anyone who wants to be the Republican candidate for anything has to please a small group of religious extremists, even when doing so means abandoning their own political heritage.

Some Republican candidates these days are true believers; others sell a bit of their soul in hopes of winning an election so they can do some good, and maybe someday move beyond the control of the extremists.  But make no mistake, the radicals are in charge of the GOP.  And they are now passing “voter ID” laws in most of the country to prevent voting fraud, laws that, arguably, have the real world effect of limiting voter participation by people in groups that have historically been reliable voters for Democratic Party candidates.  Pretty smart, and sneaky: no one can be in favor of voter fraud…but what they don’t like you to realize is that the incidence of actual voter fraud is on the order of 4/100,000ths of one-percent, or just 86 cases out of 196,000,000 votes cast over a five-year period of the early 2000s.  Thirty-three states have passed voter ID laws; in 32 of those states, the laws were proposed by Republican lawmakers and passed by Republican-controlled legislatures and signed by Republican governors.  If there’s no significant voter fraud to stop, then what are they after?

The people who control today’s Republican Party have been as successful as they have because (1) some Americans agree with their goals, (2) most Americans aren’t paying attention, and (3) the news media is too occupied with what David Shaw in the Los Angeles Times called “the four horsemen of the journalistic apocalypse: superficiality, sensationalism, preoccupation with celebrity, and obsession with the bottom line.”  So, we have to rely on fictional journalists to do the heavy lifting:

“American Taliban.”  Yep; that’s perfect.  Spread the word.  And thanks to Upworthy.com for the tip.

Separating the symptoms from the syndrome

Pat Ryan Leave a comment

Had enough already of the economy, jobs, and Medicare as political issues?  Are you ready for some good, old-fashioned, divisive social issues, guaranteed to split Americans along religious lines?  That’s what evangelical Christians do, and with the election getting closer there should be no surprise that a new round is erupting.

The Republican National Convention is next week; this week the platform committee approved a plank regarding abortion that pretty much falls in line with the party’s position on that issue over the last few platforms: no abortion, no way, no how…and no exceptions for pregnancies that result from rape or incest.

“Faithful to the ‘self-evident’ truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed,” said the draft platform language approved Tuesday, which was first reported by CNN. “We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.”

I’ll give them this: that’s the only intellectually consistent anti-abortion position possible—if an unborn child has a fundamental right to life, there can be no exception that would permit that right to be “infringed.”  But that’s a hard line to take, and those exceptions have been included in many laws outlawing abortions because, to most people, it doesn’t seem fair for the government to force a woman to carry a pregnancy to term when she didn’t choose to become pregnant, or when the pregnancy itself threatens her life and health.  Unless you don’t believe that women deserve the same treatment under law as men, in which case, well, that’s tough luck for the little lady.

Is it just coincidence that this comes up as a Missouri congressman stuns us with the concept of “legitimate rape”?  Probably; more’s the pity.

Let me give Rep. Todd Akin, R-Mo., the benefit of the doubt.  When he answered a question about permitting abortion in the case of rape (KTVI-TV’s complete report is here), and said that he understood pregnancy as a result of rape was rare because “the female body has ways to try to shut that whole thing down,” I think he was trying to say that he believes that most of the pregnant women who claim they were raped are lying about having been raped, not trying to suggest that there is such a thing as “legitimate rape” as opposed to “illegitimate rape.”

In other words, he was demonstrating his ignorance.  That’s what’s driving a large part of the reaction, but what’s driving the rest—the portion from within the Republican Party—is that Akin looked stupid on a national stage, thereby threatening the GOP’s takeover of the U.S. Senate in this election, and opened up a crack in the extremist positions of the Republican Party for all the rest of us to take a peek.

We should not be fooled that Akin’s statement, merely because it is so offensive and quickly retracted or clarified, is a mere slip. It actually represents the worldview of Akin and many like-minded Republican colleagues. His comments are part and parcel of a view of civil rights, women’s rights, and science that should be antithetical to a modern society. It reflects a worldview that has held up progress on too many serious issues, a form of know-nothingism for the modern era, a rejection of the very notion of learning.

There’s little doubt that the “conservative” forces that have taken control of the GOP have a wide-ranging agenda driven by their adherence to the belief that America is a Christian nation that needs to be evangelized, to be “taken back” from the forces advocating the constitutional principles of a secular, inclusive, civil society.  What was once the party of Lincoln, of Roosevelt, even of Reagan, has moved so far to the extreme that it’s left a lot of its old membership behind.  (Let’s make posting examples of that a new parlor game, shall we—who wants to go next?)

Republicans…conservatives…evangelical extremists…organizing themselves to support and promote their beliefs, is absolutely their right, without question; speaking out against that myopic vision of our country is a right, too.  A right LZ Granderson exercised today…

Some social conservatives talk of protecting religious freedom, but what they are really seeking is a theocracy that places limits on freedom based on a version of Judeo-Christianity that fits their liking.That language is also being considered for the GOP’s national platform.

And John Avlon, also…

So the real scandal is not just the sincere stupidity of Akin’s statement — it is the policy that undergirds it, enshrined in the Republican National Platform. The problem is bigger than politics, and that’s why it is worth discussing in this election, even when Akin is off the front pages.

…just to name two; I’ll be looking for the slightest excuse to post more.

Today Akin apologized for his comment and confessed he does understand that, yes, rape can cause pregnancy.  He also defied his party (from a safe perch behind Mike Huckabee’s microphone) and said he will not resign from the Senate race against Missouri’s Democratic incumbent senator; the applause and the apoplexy resume.  But Akin is not the issue…he’s only a symptom, and one to which an attentive citizenry needs to pay attention.