Tag New York Times

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

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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.

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

Pat Ryan 5 Comments

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!

The war (that never should have been fought) is over

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OK, I’d really like to put aside for a minute the ideological arguments about the beginning of the U.S. war in Iraq, in order to focus on good news: the war is over. Brave young Americans who have sworn to serve their country will always be subject to the whims of corrupt politicians, but today the war in Iraq is over and I’m thankful that those men and women are coming home.

There’s nothing contradictory or hypocritical about opposing the war while also supporting the men and women who were called on to fight it; we’ve learned that lesson since Vietnam. Driving to work this morning I teared up listening to this story about the return of soldiers of the 112th Cavalry 3rd Brigade First Cavalry Division to Fort Hood…this is what today is about.

Thank you all, and welcome home.

Fool me once, shame on you; fool me twice…

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The “supercommittee” admitted defeat; it won’t have a blueprint for reducing the nation’s deficit (stories here, here and here).  Is this a bad thing?

Some have argued, no: the first direct result of getting no plan from this committee is that the law which authorized it will now automatically cut $1.2 trillion from defense and non-defense spending over ten years starting in 2013, and that may end up giving us more deficit reduction than we’d have gotten otherwise.  No way to know for sure, of course, but it makes sense.

I mean, there’s no reason to believe that the same members of Congress who thought nothing of threatening government default for political gain this past summer were likely to come to any agreement now, not when the party that controls the House (and virtually controls the Senate with the threat of filibuster) is still holding its breath threatening to turn blue rather than be responsible and discuss the best ways to increase revenue as part of the answer (along with spending cuts and overall economic growth) to getting the federal budget on a healthy path.  None at all.

To believe otherwise would mean, first of all, believing that the sheep people lined up behind Speakers Boehner and Limbaugh have any goal more important that the defeat of President Obama.  They don’t, unless it is the personal destruction of Obama, and anyone unlike themselves.  Second, it means they would have to have the backbone to say no to the no-tax extremists and the campaign contributors.

I read an interesting article making the point that we’re foolish to think that our elected representatives will do anything that makes sense for us, because they’re in place to serve their bosses: namely, the minority of the population who actually vote in the primaries, and the even smaller percentage of the people who pay the bills through campaign contributions both above and below board.  (By the way, read Michael Moran’s piece setting the stage for his blog The Reckoning.)

The other thing to watch out for right now, though, is the cowardly Congress finding a way to back out of the deal it made with itself!  No Congress can pass a law that would prevent a future Congress from unpassing that law; just because it set itself this deadline and mandated future budget cuts as a penalty for failing to meet that deadline can’t prevent the next Congress from overriding all or some part of the threatened budget reductions, and that’s entirely possible for a group that already can’t say no to anyone (which is a big part of what got our budget in this mess to begin with).

Give some thought to Moran’s suggestion: in times of crisis, what if we take control away from politicians and give it to people who know what they’re doing?

A real super-committee – a real committee not only empowered to take the steps necessary to right the American economy, but competent to do so – would include 12 serious thinkers. They might include policymakers like former Fed Chairmen Paul Volker or (the suitably contrite) Alan Greenspan, economists of left and right like Stanford’s John B. Taylor, Yale’s Robert Schiller, NYU-Stern’s Nouriel Roubini, plus a few representatives of labor, small business and capital – let’s say Robert Reich, Joseph Schneider of Lacrosse Footwear, and Warren Buffett, just for kicks. No investment bank chairman, please, and no one facing reelection.

Can you imagine this group failing to come up with a solution? Can you imagine any of them worrying more about the next election than the future of the world’s largest economy? Certainly, they would clash – perhaps over the same tax v. spending cut issues. The difference: they would understand better than any member of Congress that no solution is far worse than a less-than-perfect solution.

Joe didn’t do anything wrong? Oh yeah, he did

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The fact that he is who he is, and that he did what he did, makes it even worse than it already is.

For most of us who are not in western Pennsylvania, this came out of the blue last week: a grand jury indicted a former Penn State University football coach on accusations he sexually assaulted young boys.  When I first saw the story in the paper last weekend, and read that head coach Joe Paterno had been told by an eyewitness that Jerry Sandusky assaulted a young boy in the shower and Paterno had relayed the information to his immediate superior but done nothing else about it, I felt like he should have done more.  But then I turned the page, because I don’t care about college football or Penn State, and because I didn’t want to really think about what was actually going on here.  Shame on me.

By Wednesday, the winningest coach in major college football history had been fired by his university, but he was not the only person in Happy Valley shamed by the incident.  Far from it.  More’s the pity.

Sandusky, the long-time Penn State assistant coach who gets a lot of the credit for the team’s history of turning out great defensive players—especially linebackers—stands accused of being a serial pedophile, of sexually assaulting at least eight boys over a 15 year period.  He also founded a charitable organization called The Second Mile in 1997, which provided services to children in need.

One of the saddest ironies of the sexual abuse charges against Sandusky that stunned and sickened the nation last weekend is that if the allegations that he assaulted eight boys over a 15-year period are true, he may have been allowed to prey on those children in large part because no one at Penn State would go that second mile for his victims.

Sports Illustrated’s Phil Taylor is one of many who’ve made the point: where the hell were all the adults at Penn State who should have done something about this?  I’ll tell you where—they were all busy protecting a wealthy university and its vaunted football program and its reputation, for surely those things were more important than the lives, and the futures, of pre-teenaged children whose parents had turned to Penn State for help.  What is Sandusky accused of doing?  McClatchy summarizes the timeline here, and it shows just how many people at Penn State didn’t stand up for these kids.

Sandusky was cashed out as the team’s defensive coordinator after admitting to having showered with a 10 year old boy, but the school and the coach only took his job away—Sandusky was allowed to keep using university facilities for his charity’s activities.

In 2000 a janitor saw Sandusky having sex with a young boy in a campus football building and told his supervisor, but neither of them called the police.

In 2002 a graduate assistant (a former player; a grown man) saw Sandusky having sex with a young boy and did not do anything to stop the assault that was going on right in front of his eyes; he did not call the police, not even the university police; he went home and called his own father and asked what he should do; and it wasn’t until the next day that he told Paterno what he’d seen.  Paterno told the athletic director, and left it at that.  About this time, school officials told Sandusky not to bring children to the campus any more, although he himself still used the facilities.

Paterno made a lot of his reputation for insisting that Penn State was different from other big college football programs, that Penn State did things the right way—it followed the rules, it graduated its student athletes, and it was successful on the field.  Bull.  Despite the high graduation rate and the championships and the bowl games, we now know that Penn State was just as sleazy as any other program.  Maybe more so.  Ohio State’s in trouble for its players selling equipment to get discounts on their tattoos; Miami is in trouble (again) over impermissible benefits given to players by a booster.  But no one else is in the news for making the conscious decision to protect their own ass by turning a blind eye to the alleged child rapist in their midst.  For years.

Where was the “Hey, you can’t do that” reaction the first time someone saw this man naked with a child?  Where was the unconscious and visceral “stop that” response?  Where was the call to the cops?  Where is the humanity?

Yesterday, Penn State played its first football game in the post-Paterno era.  It lost the game.  But the university community may have taken the first baby steps to recognizing what’s important in life, certainly more important than a university’s bruised ego or loss of financial support.

"It felt like we all banded together. And it wasn’t just about football," said Melissa Basinger, a 2005 Penn State grad who made the trip from Charlotte, N.C. "It was about coming together as a school, and showing the country, world or whatever that this does not define who we are."

We’ll see.