Majority Rule, Minority Rights


Suddenly, I was feeling nostalgic for those thrilling days of yesteryear, when the “liberal, activist” Warren Supreme Court ruled the land.

In Gideon v. Wainwright, (1963), the Court ruled that indigent defendants had a right to counsel, even if they couldn’t afford it. In Miranda v. Arizona (1966), the court determined that the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violated the Fifth Amendment of the Constitution.

And, most on point, Loving v. Virginia, the Court declared the state of Virginia’s antimiscegenation law unconstitutional.

If it were up to the general public in the 1960s, would every suspect get a lawyer and a Miranda warning? Heck, no, but it was the right and just thing to do. Or would Virginia and 15 other states have dropped their ban on interracial marriage without “assistance”? The proof is this: 12 states still had the ban on the books into the 1970s, though the laws were legally unenforceable. Alabama removed its law from its books in November 2000.

So, while I understand the political reality of trying to allow gay marriage via state legislature votes (New York, et al.) and public referenda (Maine, et al.), the issue seems so self-evidently right and just that I had a twinge of judicial nostalgia.

No, the only judicial “activism” we get these days are cases such as Kelo v. City of New London (2005), in which the “liberals” on the court allowed the city to use eminent domain to take private property and sells it for private development. I expressed my serious doubts about this case at the time. Turns out that the whole imbroglio ended up being a big money LOSER for New London.

I think gay marriage and other gay rights, such as ENDA will come about throughout the United States. But I’m now pretty convinced that gay marriage nationally will take another generation, another 20 years, to be fully realized. Maybe longer. And it makes me more than a little sad.

The New York Times was Live-Blogging the Gay Marriage Vote in New York State. State Senator Rubén Díaz Sr., one of the eight Democrats voting against the bill, is quoted as saying, “If you put this issue before the voters in a referendum, the voters will reject it.”. Probably true. But as some letter-writer noted, “I wish someone would ask Mr. Diaz if he thinks the civil rights acts of the 1960’s should have been put up for popular votes in the states.” As I said, just is just.

ROG

Politicking

Here are some issues I’ve been musing about,. some happened a couple weeks ago but are still in my head.

New York State passed a no texting while driving law that became effective November 1. While I’m very much in favor of people not multitasking in that fashion, I’m not all that excited by the passage of more legislation that can be routinely ignored. Perhaps those who always follow the law will abide, and maybe those who’ve decided even before the law that texting while driving is unsafe. But, based on the (non-)enforcement of the no cellphone law, the only benefit will be something to charge a driver with ifwhen an accident occurs, the authorities will be able to charge the driver with additional violations.

Racialicious had an interesting article I’m for gay rights, but…; the topic was also discussed on the podcast Addicted to Race, episode 125, which describes the “oppression Olympics”: essentially who is more oppressed, blacks or gays, and why that whole mindset is so wrong. In the episode, the panel discussed Martin Luther King Jr’s daughter’s recent declaration that her father “didn’t take a bullet for same-sex unions.” Meanwhile the late Coretta Scott King had shown support for the rights of all, including gays. As the show notes ask: “Why is it that marginalized people fight each other over scraps, instead of uniting to work toward justice for all?” Sounds like a reasonable strategy to me.
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Only recently did I get to watch the Sunday morning talk shows from two days before Election Day. It is very instructive to listen to most of the predictions in the House race in NY-23, which “everybody knows” was going to the Conservative. Except, of course, it didn’t. One Republican operative in particular was complaining how 11 Republican county chairpersons could pick a candidate, suggesting that it’s undemocratic. Well, it is, but it’s also the way the Democratic candidate was picked. When Kirsten Gillibrand replaced Hillary Clinton in the US Senate, the county chairs in her district picked the candidates, but the winner stands only until the next election, in 2010. (For that matter, Gillibrand also has to run in 2010, and if she wins, in 2012, when the seat would normally be up.)

That race was a perfect example of why Instant Runoff Voting would have been helpful, as I noted here. For that matter, IRV would have clarified the New Jersey governor’s race. One pundit noted that the third party candidate faded, “as they always do.” But the reason isn’t their qualifications, it’s their perceived win-ability.

Speaking of Election Day, Jason at 2political, among others, noted this peculiar trend in Virginia gubernatorial races. In the last three decades, when there is one party elected President, the very next year, the Virginia governor is elected from the other party:
CARTER 1976 (D); John N. Dalton 1977 Republican
REAGAN 1980 (R); Chuck Robb 1981 Democratic
REAGAN 1984 (R); Gerald L. Baliles 1985 Democratic
BUSH 41 1988 (R); Douglas Wilder 1989 Democratic
CLINTON 1992 (D); George Allen 1993 Republican
CLINTON 1996 (D); Jim Gilmore 1997 Republican
BUSH 43 2000 (R); Mark Warner 2001 Democratic
BUSH 43 2004 (R); Tim Kaine 2005 Democratic
OBAMA 2008 (D); Bob McDonnell 2009 Republican
So it’s difficult to see any repudiation of Obama in the Virginia race. Not to mention that the Democrats picked a lousy candidate.

Speaking of repudiating Obama, I was baffled that Charlie Gibson and George Stephanopoulos of ABC News were baffled by two recent polls. One showed about a 57% support for the public option; the other showed that the majority of Americans oppose Obama’s handling of the health care issue. They seemed to assume that opposition to Obama on the issue would only come from the right. In fact, if I had been asked, I would have said the same thing: that I oppose Obama’s handling of health care, not because it contains a public option but because single payer got taken off the table much too easily. And, absent single payer, I support the public option.

As for the bill that DID get passed by the House, what SamuraiFrog said, particularly with regards to abortion, applies to me too. And there’s no guarantee that the wuss of a House bill will even make it through the Senate in any meaningful way.

I got an important e-mail this week:

Become a Charter Member of the Bush Presidential Center
Dear ROGER,
I don’t have to remind you how America was tested time and again-at home and abroad-during the eight defining years of the George W. Bush presidency.
The difficult decisions President Bush made in the face of each challenge were rooted in the core principles he held throughout his years of public service—the fundamental values that have guided America since her founding: Freedom . . . Opportunity . . . Responsibility . . . Compassion.
Now President and Mrs. Bush—with the support of many patriotic Americans like you—are taking on a new challenge. They are continuing their personal commitment to advancing these enduring principles through the George W. Bush Presidential Center.
The Center will uniquely integrate the records of a national archive, the thematic exhibits of a presidential museum, and the intellectual capital of a research-based policy institute to transform ideas into action.
The George W. Bush Presidential Center will continue to advance the ideals and core principles that shaped his presidency during a defining period in America’s history.
Please accept this invitation to stand with President and Mrs. Bush by becoming a Charter Member of this vibrant, multi-disciplinary Center.
Thank you for your support.
Sincerely,
Hon. Mark Langdale
President
George W. Bush Foundation

“Principles”? Er, thanks, but no thanks.
***
A lot more pictures like the ones above can be found here.

ROG

The Concert Suit

As much as as I hate buying clothes generally, I REALLY hate buying suits. All that measuring, especially when the body trends poorly compared with the previous time I bought a suit, which it did. The harsh lights and the three-sided, full-length mirrors don’t help.

The other bad thing about buying a suit is that I end up spending too much. I’ve gotten myself to the place, and I’m buying one (expensive) suit; why not two, especially when the second is free, except for the alterations? And while I’m at it, how about some new shirts, which are buy one, get one at 50% off? Oh, and new ties to go along with them? And I DO need a better coat for winter. At the end of the excursion, I experience massive sticker shock and don’t buy any suits, or much of anything else clothing-wise for the next two or three years.

The initiation of this shopping spree is this event:

We received information about the dress code for the performance a week ago Sunday. And I own ZERO black suits, and only one white shirt that’s probably too tight. So this past Saturday evening, the wife, the daughter and I went shopping.

And I’ve felt lousy ever since.

Initially, I thought it was just exhaustion that sent me to bed at 8:30 Saturday night, but now I’m thinking it’s some sort of sinusitis and/or allergies flaring up. But what caused the truly horrific insomnia I got Sunday night, so much so that my eyes burned on Monday morning? Probably consuming the cheese and crackers I ate after the Sunday night rehearsal.

But more basically, I think it was a week without riding the bicycle or playing racquetball. When I got to do both on Monday, I got surges of energy that I’d been lacking lately, though I was more stuffed up yesterday.

So no, I can’t blame any of it on shopping for suits, unfortunately.
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Monday night, I did go to the marriage equality rally. The State Senate was supposed to take up the legislation the next day. So the chant was, “What do we want?” “Marriage equality!” “When do we want it?” “Tomorrow!” Tomorrow? I mean, yes, literally, the next day when the vote was due, but “tomorrow” has such lousy scansion; having been to lots of rallies, I’m a big fan of “NOW!”

In any case, the state legislature didn’t vote on much of anything Tuesday, and they won’t be meeting again until next week. I DO think that the position of at least Republican state senator I saw on TV Tuesday night – that the government can’t deal with ANYTHING else until it deals with the budget deficit – is totally bogus. Truth is, balancing the budget will be a long, arduous process that may take weeks; gay marriage can be achieved with one vote in one house, as the State Assembly has already passed a bill. Twice.

Speaking of which: Via Mark Evanier – Shelly Goldstein on stupid, callous, homophobic hateful legislation. Julie Andrews couldn’t do any better.
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I found out in Hispanic Business, of all places, that Glenn Beck Lost His Lawsuit Over A Controversial Domain Name
Fox TV host Glenn Beck has lost a suit he filed against the creator of a satirical Web site spreading a rumor that even the site itself admitted was false: Beck raped and murdered a girl in 1990. Although he lost the case, Beck still received the domain name he sought, but not because the arbitrator awarded it to him. Rather, the man who established the site gave it to Beck himself — but not without getting in a good parting shot. And the REAL kicker is that the guy has kept the CONTENT of the site up at http://gb1990.com/. That’s GB, as in Glenn Beck, 1990 (dot) com.

It’s a nasty little site, but then again, Glenn Beck is a nasty little man. It is also one of those First Amendment issues people love to hate. My reactions is a mix of mild discomfort with a whole lot of schadenfreude.
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Chances Are Profanity Was Intentionally Encoded in Text of Schwarzenegger’s Veto. As though you had any doubt.

ROG

Now greener ogre

I came across this software that takes phrases and makes several anagrams. One of the samples is the title of this piece. It also took the line “Life is what happens to you while you’re busy making other plans” and changed it to “Neatly weighs up mawkish philosophy about unforseen reality”, which I thought was rather funny.

Saturday, we had plans to go to a museum a distance away, only to discover that it was unexpectedly (and illogically) closed. Plan B involved the usual housecleaning and shopping. But there came a point were my wife was going to take a nap and the daughter had fallen asleep on the sofa. Could I go to the grocery store to get some things?

I was surprised a bit by my disappointment. The idea of being in my own house, well not alone, but with it to myself was SO tantalizing. Going out to the store seemed counterintuitive, but go I did.

On the way back I run into five boys, maybe aged 14, on bicycles; no helmets, BTW. I too was on my bike. one asked me where Central Avenue was. Central Avenue is only THE main street in Albany. The answer wasn’t that simple; if they wanted a low number, it would have made sense to head east on Western Avenue, but the higher numbers would suggest going straight (north) on West Lawrence, ignoring the fact that the road seems to end, something you can do on a bike, though not a car.

I travel on, and see them AGAIN on North Allen, in front of the elementary school. The same kid said he couldn’t find Central. I said, “You have to keep going.” Another kid asked, “Is it beyond Washington Avenue?”

“Yes”.

Second boy: “See, I TOLD you so!”

Then boy #1 told me about some “furry” candy he wanted to buy, but his friends were going to go buy pot. Was this true, or an attempt to get a reaction from me? As it turns out the address they gave me was in Colonie, well past the Colonie Center mall, and I warned them it as a long ride.

I restated my directions: ride until you run into a funeral home. At which point, one of the other boys burst into a crying jag. I was told that his grandmother had just died. But this was “crying” that sounded mighty insincere, and I feel they’re trying to yank my chain, though I passingly apologize.

They went on their way, I mine, left wondering: who ARE these kids, where did they come from, what did they REALLY want in Colonie, and how the heck do they not know where Central Avenue is?
***
I’ve been having a lot of vivid dreams recently. One involved a relative of mine on my father’s side who accused me of mocking her when she had a child out of wedlock. this is untrue, as far as i know, but the specificity of that and other dreams is fascinating to me. These are the dreams you wish you could film, or are really glad you cannot. Another dream was particularly grotesque, again with references to my father’s people. These things are supposedly manifestations of something, but I’m at a loss to ascertain what.
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Why has my mother’s phone number in North Carolina changed? New area code AND the seven digits. I’ve known the old number impressed in my mind for years. Arrgh.
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Arthur at AmeriNZ on bigotry, in this case, a homophobic columnist.
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Thom Wade links to the Jon Stewart/Daily Show assessment of an Al Franken amendment to a Congressional bill against rape by governmental contractors. 30 Republicans, who I thoughtfully listed in the comments to that post, opposed the bill.

ROG

Don’t Keep "Don’t Ask, Don’t Tell"


I remember that during the very early days of the Clinton Administration, “Don’t Ask, Don’t Tell” was announced. This allowed gays to serve in the military as long as they hid the fact that they were gay. Immediately, I thought this was one of the most stupid things I had ever heard.

The military wants people, presumably of integrity and character, to defend the country, but they wanted some of these people to essentially lie – TO THEM, no less – about who they are? At least the outright ban on gays in the military was honest; wrongheaded, but honest.

It recently came to me what I think is an apt analogy. It is like Negroes – I use the word specifically for the historic context – who could and did pass as white. They got all the benefits of the society that being white meant. At the same time, they always worried, “What if the secret gets out?” They had to make sure to stay away from those darker-skinned cousins who might ruin the ruse, for they feared the consequences of being revealed. It was not just because of their race but because they knew that deceivers receive even harsher punishment.

Likewise, gays in the military who make sure they change the pronouns of their loved ones back home are worried out being found out lest they be forced from their chosen profession. And I can imagine that colleagues being lied to about who their comrades-in-arms are might find that problematic as well.

I heard Tim Kaine, chair of the Democratic National Committee, on one of the talk shows last weekend saying that the Obama administration will be addressing this issue in a positive manner after consulting with the military. I certainly hope this is the case, and soon.

There is a great cartoon here that brings it home on this Memorial Day weekend.

ROG

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