Category Justice

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

Pat Ryan 2 Comments

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  ‘If it passes, I think it will be repealed within 20 years.’”)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

Racism and gun culture? Gotta be time for Bob in the Heights

Pat Ryan 2 Comments

The reasons why vary from topic to topic, but I don’t always have something worthwhile to say on every hot story du jour while it’s driving the cable news echo chamber nutty; the shooting of Trayvon Martin is one example.  But my friend Bob Eddy has something worthwhile to say about that, and related issues to which it gives rise, and I asked him to say it here; the comments button is right up there:

Watching, and listening, to the continuing story of the Trayvon Martin shooting—which after a good run in the media is already being pushed aside by our latest multiple shooting, in Oakland—I think beyond the hoodies and other nonsensical side stories basically lie two societal issues that continue to plague America today: racism and our gun culture. And I might add, a tip of the hat to today’s rabid media, which remain so ready to leap before looking. As soon as this story became hot (oddly, almost a month after the event) sides were taken. When did it all slide from investigative reporting of known facts toward conjecture and opinion? I’m guessing somewhere around the start of the 24/7 TV news cycle, which also gave birth to the polished and primped Ken and Barbie bobble heads passing for journalists today. Somewhere, Water Cronkite is crying in his grave.

No, I’m not accusing George Zimmerman of being a racist, but much like the Rodney King beating at the hands of the L.A. police and the O.J. Simpson trial, America’s visceral divide has suddenly become exposed and naked to the sun like the sensitive underbelly of a turtle tipped onto its back. Why is it that our country is so reluctant to talk about race—is it painful? Still too touchy a subject even 50 years past the civil rights movement of the 60s? That’s half a century, folks. Healing starts with self-awareness, not denial. The truth sets you free and allows you to move on. These thoughts were recently provoked by an excellent opinion piecein the Houston Chronicle.

Yes, the days of the Jim Crow laws are long gone, and we have a black president (even some black pro football coaches!), but this doesn’t negate the statistical facts (rate of unemployment and incarceration, to name two) that prove racism’s more subtle vestiges remain, revealing a less than level playing field in America today. Using the tragic shooting of Trayvon Martin as an easy example, I challenge anyone to look at me with a straight face and convince me that had the “colors” been reversed, the outcome would have been the same. Yes, I’m talking about a Twilight Zone world where an armed black man trolling the streets of a gated community follows a “suspicious looking” young white man—11 years younger and 20 pounds lighter than he, I might add—ignores the pleas of the 911 dispatcher to stay in his vehicle, and instead challenges, and then shoots the other man dead in a scuffle, declares self-defense, and after a brief trip to the station is set free with no charges filed.  “Well Mr. Washington, everything seems to be in order, just a couple of things to sign here…poor son of a bitch…now you be more careful next time, hear?”

Back on planet Earth, any black man cruising an affluent neighborhood in America today is much more likely (again, check the statistics for racial profiling) to experience only one thing: being pulled over and questioned, and if he’s lucky, that’s all. Ask Robbie Tolan, a [Houston area] 23 year old black male (and son of an ex-professional baseball player) who on New Years Eve 2008 was shot at three times (fortunately only wounded) by the local police after pulling into his parents’ driveway—in front of his hysterical and pleading mom! As a matter of fact, it was the cop’s manhandling of his mother that provoked Tolan, who was already lying on the ground as instructed, to protest. You see, unfortunately mom and dad lived in Bellaire, a predominately white and affluent city tucked inside of Houston, and, well, it was 2:00 in the morning, and there was the (inaccurate) report of a stolen vehicle…

To me, the bottom line is George Zimmerman in all probability wasn’t necessarily a bad guy; evidently, to many, he was even likable and would fall outside the definition, if there is such a quantifiable thing, of a racist. But on that day, against the advice of a 911 dispatcher and contrary to his training as a neighborhood watch person, he provoked a common misunderstanding, it quickly went south, and he chose to defuse the situation with a gun—sentencing Trayvon’s parents to an empty life of grief and unfulfilled dreams. For this he should be held accountable.

For those of you interested in a, granted, lengthy, but reasonable and balanced account of events leading up to this tragic shooting, I encourage reading this story in Sunday’s Times.

Which leads to our second national topic, and an important question I think America needs to ask itself today: are we, as a society, ready to accept armed neighborhood watchdogs? If yes, well, all I’ve got to say is get ready for a lot more of this. Does anyone really feel any safer? Certainly not Trayvon Martin. He’s dead. Welcome to the utopian world of the NRA, where roughly 30,000 Americans a year lose their lives to bullets, and every American—thanks to our permissive own and carry gun laws and under the protection of the “stand your ground” ruling (currently upheld in 27 states)—can legally find themselves judge, jury, and executioner in a split, life-changing second. Ask Joe Horn, of Pasadena, Texas, who in 2007 also chose to ignore the repeated advice of the 911 dispatcher he called, and while still on the line, shotgunned in the back two unarmed Hispanic burglars as they fled his neighbor’s house—and got acquitted of any charges. What a civic hero!

The fact that the latest gun rampage in Oakland is already relegated to “ho-hum,” on page five in my local paper, speaks volumes about our unique American culture. Oh, I know, I can hear the outcry now, as it did after the Virginia Tech massacre: “If only one of those students had a gun!!” Yes, any logical person can see that the answer to easy gun access is, well, more guns. Recently, 22-year-old Trey Sesler of Waller County, Texas had more guns—six, to be exact—and he used them to kill his parents and brother. Ho hum…

Who do we have to blame for this? No one but ourselves and the gutless politicians of both parties who bow down before arguably the most powerful lobbying organization in Washington today. After all, even after the nearly-successful assassination attempt on one of their own, Gabrielle Giffords in Arizona, America watched as Congress, and this Administration, stood united in their silence. I mean, come on, when is the last time the NRA got slapped down on anything? Almost comically, these patriotic defenders of our Second Amendment recently became so imaginative in their quest to stay on a roll that they dreamed up muscling state legislation through in Missouri, Alabama, and Tennessee to protect gun owners from the scourge of discrimination. Say what!? Oh, the oppression and shame!

I guess my biggest puzzlement is I just don’t get the frothing, rampant paranoia of suppression—have you seen this recent “interview” of the NRA’s Wayne LaPierre? Short of mail-ordering a howitzer from the back of a comic book, exactly what can’t your average gun enthusiast today do—hunt with a Gatling gun? Has Obama even mentioned the words “gun control” once since becoming president? Yet gun sales continue to skyrocket, because we all know “He’s going to take away our guns!!” Like the screwball prophets predicting the end of time, it’s coming any day now! Ironically, Barack Obama is the best thing that ever happened to gun shop owners.

Well, enough said…this horse got out of the barn a long time ago, and I can’t imagine what it would take to get it back in. But remember, citizens: stay vigilant! Guns don’t kill people—hoodies do.

Bob in the Heights

[One update: this week the police officers in the Robbie Tolan case, previously acquitted on the criminal charges, were dropped as defendants from Tolan’s civil suit by the federal judge hearing the case. PR]

I’ll take severability for $600, Alex

Pat Ryan Leave a comment

The Supreme Court hears arguments on the constitutionality of the Affordable Care Act during six hours of oral arguments spread over three days starting this coming Monday.  What’s all the hoohah about, you ask?  Can’t remember what caused the whole uproar?  Your friends at NPR are here to help, with a brief and cogent summary of the issues at hand that even non-lawyers can digest.

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

Pat Ryan Leave a comment

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?

Pat Ryan Leave a comment

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.