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5.15.13 - CHANGE AND THE SECOND TERM CURSE |
Change keeps moving forward, even as the frenzy of a second term scandal swirls about Washington D.C. Three scandals have engulfed The White House, and President OBAMA, and the drama threatens to throw a monkey wrench into the OBAMA presidency. Minnesota became the 12th state to legalize same-sex marriage yesterday, with larger than expected margins in both the house and senate there. Governor MARK DAYTON held a grand signing ceremony, televised to the masses, with an emotional flourish, "Life, liberty and the pursuit of happiness certainly includes the right to marry the person you love," the governor pronounced, before signing the historic legislation. Opponents reacted as if they had witnessed a state funeral, holding a candlelight vigil Tuesday night. In Rio De Janeiro, Brazil's judiciary council ruled that notary publics cannot refuse to perform same-sex marriage ceremonies. That move is heralded as a precursor for gays and lesbians to get married in Latin America's most populous country. While the council's ruling can be appealed, most local scholars saw this move as an indication that same-sex marriage was now legal in Brazil. But back here at home, President OBAMA'S second term, and the ambitious legislative agenda he has still ahead of him, including continued legal rights for gays and lesbians, seems in serious jeopardy as a result of three growing scandals. Benghazi, the IRS targeting of Tea Party groups, and the Justice Department's monitoring of the Associated Press' phone records exploded in the span of a week, leaving President OBAMA reeling to try and get a handle on things before his remaining three years in office turn into a legislative witch hunt. There is no doubt that republicans have been gunning for him since he first took office, refusing to cooperate for the good of the countries economic future, and denying him credit for the numerous disasters his leadership has rescued or prevented. They now have the amunition, and the standing to tie his remaining term up in investigative hearings, and public allegations that will keep them from achieving anything further legislatively, at least until the 2014 elections. The second term curse, as it is known, is more like a legislative strategy for republicans. And they are energized now, with nearly a third of houise committees planning hearings on these matters. Some legislators, both representatives and senators have already brandished the "I" word, in a clear misunderstanding of the law or history on this subject. Immigration reform, including the passage of the right to nationalize immigrant spouses for gays and lesbians, as well as a retry of gun control seem in serious jeaopardy. Ironically, news broke yesterday with little or no notice at all, that the deficit, the bugaboo of election season, and the cornerstone upon which republicans anchored their obfuscation of OBAMA'S policies to date, seems to have been solved, at least in the short term. Projections for this year's deficit have been revised drastically downward, from nearly a trillion to now just $640 billion, which is a significant difference. That essentially removes the urgency of any further drastic budget cuts, and puts the economy on course for a robust recovery. The deficits are projected to continue going down for the remainder of OBAMA'S term in office. So, at a time when the government could get back to the business of jobs, and immigration, and gun control, and the continued advancement of civil rights, instead republicans will be talking RICHARD NIXON, and impeachment. And change, as well as the American people, will be the ones to suffer. Curses.
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5.8.13 - CHANGE AT BREAKNECK SPEED |
It continues to amaze, the pace at which civil rights issues evolve for the GLBT community. Two more states have approved same-sex marriage, a major sports league has seen one of it's active players come out of the closet, and legislation is being considered in conjunction with immigration reform that would allow same-sex couples to nationalize a partner who is an immigrant. It is truly astonishing. Nearly the entire Northeast is now same-sex marriage country, as Rhode Island and Delaware have signed into law legislation allowing same-sex couples to wed. Delaware did it yesterday, with Governor JACK MARKELL signing it the very same day it passed the Delaware Senate by a vote of 12-9. Rhode Island joined the ranks of the civilized last week. That leaves just Pennsylvania and New Jersey as the holdouts for the entire region. Governor CHRIS CHRISTIE has vetoed legislation in the garden state, and vows to oppose it still. But if he is serious about running for president in 2016, that stance will change. It has too if he hopes to lure young voters to his campaign. Meanwhile, JASON COLLINS, a journeyman center in the NBA, came out of the closet to much fanfare, and none of it bad. President OBAMA, and former President CLINTON both sprang to his defense. As did a congressman from the dynasty Kennedy family, and the NBA, KOBE BRYANT, KEVIN DURRANT, and nearly everyone else who had something to say. The paucity, and the timidity of the negative reaction was telling indeed. How much things have changed. On the women's side, perhaps the best women's college player ever, BRITTANY GRINER came out to a reporter's question last month on draft day, to little fanfare at all. And we must remind ourselves, it was an astonishing 34 years ago that MARTINA NAVRATILOVA, the women's best tennis player of all time, at the time, came out of the closet. Change is happening fast, but it didn't happen in a vacuum. Earlier this year the National Hockey League signed a pact with it's players to fight homophobia in their sport. They formed a partnership with the organziation You Can Play, which fights homophobia in professional sports, to specifically outline inclusion in the league. It was a first for professional sports, and by the way, the most physical and most macho sport of them all. The real shocker is that Senator PATRICK LEAHY is planning today to introduce several amendments to the very sensitive immigration reform legislation, that would allow same-sex couples to nationalize an immigrant spouse. Straight men or women can do so numerous, perhaps limitless times, but gays and lesbians face the prospect of their foreign partner being deported, even today. While nearly no one holds out hope that the republicans in the Senate or the House would pass such an amendment, the mere fact that the issue is being recognized, and advanced at this critical juncture, is proof positive that change is coming at us faster that a speeding hockey puck. And that is exciting.
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4.21.13 - CHANGE ASIAN PACIFIC AND SOUTH AMERICAN STYLE |
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The law also allows New Zealand's same-sex couples to adopt children. It is the first such law on same-sex marriage in the Asian Pacific region. Meanwhile in Paraguay, a leading candidate for president there, HORACIO CARTES made extreme and disparaging remarks on the subject during the course of his campaign, calling support of same-sex marriage "the end of the world." He went on to describe gay people as monkeys, and threatened to cut off his balls if his son were to seek marriage to another man. That might not be a bad idea, anyway. Polls indicate his comments may have blunted the momentum of his campaign. It is presumed the subject came up because of a recent vote in Uruguay's legislature to legalize same-sex marriage. If signed into law as expected, Uruguay would join Argentina, as the only two countries in South America to grant those rights to gays and lesbians.
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![]() 3.19.13 - The Changlings, Medieval Times and Troglodytes |
Support for gay and lesbian rights has done an about face in recent years, and even in recent months. On Friday, while CPAC, the annual conservative circus was uderway, GOP Senator ROB PORTMAN announced he had flip-flopped on the issue of gay marriage. In an editorial in the Columbus Dispatch, Ohio's Senator wrote on Friday, "I have come to believe that if two people are prepared to make a lifetime commitment to love and care for each other in good times and in bad, the government shouldn't deny them the opportunity to get married." PORTMAN revealved the impetus for this metamorphasis was his son's coming out to him 2 years prior. Afterwards the senator met with Vice President DICK CHENEY, that renowned champion of GLBT rights, who reluctantly has come out in support of gay marriage as a result of his gay daughter. Apparently CHENEY counseled him on tolerance and acceptance. Wouldn't you have loved to be a fly on that wall? Two other currently serving republican members of congress have publicly shown support for gay marriage-Representative RICHARD HANNA of New York and Representative ILEANA ROS-LEHTINEN from Miami. No coicedence on the geopgraphy. PORTMAN'S evolving views are reflected by the country as a whole in a newly released Washington Post-ABC News poll today showing 58% of Americans now support gay marriage while 36% oppose. Just a decade ago those numbers were near mirrors of each other, with 37% in favor and 55% opposed. Meanwhile, we are reminded that with 2 steps forward, there are occasional steps back. Last week Polish liberation legend LECH WALESA stirred up the waters in Poland with his comments that gays should have no right to a prominent role in politics and that they need to "adjust to smaller things" in their role as a minority. The Nobel Peace Prize winner who championed Polish democracy in the face of communism said gays should essentially sit at the back of parliament, "and even behind a wall." LECH must not know the story of ROSA PARKS. A current member of pthe Polish parliament, commenting on the offensive statements by WALESA referred to him as a "troglodyte." Finally, with the election of a new pope, the Catholic Church is once again front and center on the issue of gay rights. When Pope FRANCIS I was Archbishop BERGOGLIO in Argentina, he railed against the KIRCHNER government, as they sought to, and did codify gay marriage in the largely Catholic country of Argentina. President CHRISTINA FERNANDEZ de KIRCHNER in 2010 referred to BERGOGLIO as medieval in clashes that were public and dramatic. KIRCHNER fired back even more, saying she wished she could be archbishop in the church so she could run for his job. Don't look for any big change in doctrine from Rome. After all, BERGOGLIO was the runner-up in the conclave 8 years ago. The church pushes ahead with blinders on, as if nothing new has happened in the world in nearly a decade. But we know differently!
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![]() 2.26.13 - ANOTHER WEEK, MORE CHANGE |
Momentum on GLBT rights just keeps on coming worldwide. In Germany, the conservative government of ANGELA MERKEL made hints over the weekend that they are moving towards equalizing rights for gays and lesbians. ""We must be more flexible when it comes to equal rights," MICHAEL GROSSE-BROMER, the chief parliamentary whip said, of rights for GLBT members. He is of the conservative party, which to know espoused traditional family values and did not support gay rights. But Germany's courts recently ruled that gays should be allowed to adopt children already adopted by their partners. The ruling signaled a shifting landscaped for gays and lesbians, where under current law, gays can only adopt a partner's biological children. MERKEL'S finance minister has said he is looking at whether to give same-sex couples the same tax perks as heterosexual married couples. Germany recognizes same-sex civil unions, but couples under those unions do not have the same rights as married straight couples. That scenario could be changing, as MERKEL looks to get ahead of the issue and neutralize her liberal challengers. Meanwhile, in California, State Senator RICARDO LARA has introduced a bill that would strip the tax-exempt status of the Boy Scouts of America because of their discrimination against gays and lesbians. "We're not saying you have to let folks in, but if you choose to discriminate against somebody for being GLBT, we shouldn't be giving you the privilege of a tax exemption that is supported by all California," LARA said. In the Supreme Court, it is briefing time in the case against Prop 8, the California initiative that banned gay marriage. A decision is expected in June, but expectations are on the rise, as attorney TED OLSEN filed a brief which urged the court to go long and make a ruling which would have impact for the entire country regarding the rights of gays and lesbians to marry. That's just how far this issue has come. When the court took the case last year, it was anticipated the ruling would have limited impact on California alone. President OBAMA and the Justice Department have not files an amicus brief, but they are considering it. But the real stunner is that a large group of republicans, many of whom have long been opposed to same-sex marriage, and gay rights in general, have signed onto another amicus brief, looking to sway the courts decision, get this, in favor of granting such rights. They say the time has come, and that same-sex marriage is in keeping with conservative values. And now we have heard everything, haven't we. The brief, expected to be filed this week, includes support from former GOP presidential candidate JON HUNTSMAN, former GOP California gubernatorial candidate MEG WHITMAN; ILEANA ROZ-LEHTINEN, republican representative from Florida; a number of former President GEORGE W. BUSH's cabinet members; CHRISTINE TODD WHITMAN, former republican governor of New Jersey, and many more. That, piggybacking on the ad which ran last week on television touting support from former First Lady LAURA BUSH, DICK CHENEY and COLIN POWELL, and you'd think you went to sleep and woke up in Oz. Where's the yellow brick road. We want to follow. But wait, LAURA BUSH wants her image stricken from the ad campaign. Wicked witches and flying monkeys still abound in this climate of change. But make no mistake, we are definitely not in Kansas anymore Toto!
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![]() 2.6.13 - CHANGE THIS WEEK |
Change just keeps on coming, with the Illinois Senate approving a measure allowing same-sex marriage in that state by a relatively comfortable margin on Valentine's Day. The House in Illinois is expected to take up the matter next, where passage is expected, perhaps though by a closer margin. Illinois' democratic governor, PAT QUINN is expected to sign the legislation if passed, which would make Illinois the second midwest state, along with Iowa, where same-sex marraige would be legal. Washington is the only other state out of the Northeast where gays and lesbians can marry. If passed in Illinois, it would make 10 states and the District of Columbia legalizing marraiges for GLBT members.
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![]() 2.6.13 - CHANGE AROUND THE WORLD |
"A legal partnership is not perceived in the same way, and does not have the same promises of responsibility and commitment as marriage," government minister MARIA MILLER said. miller, who introduced the legislation continued, "All couples who enter a lifelong commitment together should be able to call it marriage." Cheerio, I say. The legislation, having passed the more conservative branch of the British government, is expected to pass the House of Lords next, with an eventual signing by Prime Minister CAMERON. Meanwhile, legislation in France is expected to come up for vote this week. Amsterdam was the first country to allow same-sex marriage, in 2001. In the past 3 years, Denmark, Protugal, Iceland, Argentina, Sweden and Norway have passed laws allowing GLBT members the right to marry same-sex partners. Can the United States be far behind?
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![]() 1.28.13 - CHANGE, THIS WEEK. |
Life under OBAMA is chock full of change. Change is rich, and percolating. The innaugural speech was historic. First, the Boy Scouts of America have floated a trial balloon that next week it would consider a new policy eliminating the long held, and controversial ban on homosexuals in the organization. The move would allow gay scouts, as well as gay leaders. This from an organization that has flouted recent advances in tolerance of GLBT individuals, and is based in, Irving, Texas. Yes, Texas, the state that wants to secede from the union. The pressure on the organziation is coming from grassroots petition drives, and from big corporate sponsors. The momentum is really on the side of GLBT causes, and it is not a coincedence it is happening on this President's watch. Remember when big corporations were the reason organizations were afraid of tolerance policies. The tables have really been flipped. In a development even more stunning, a Wyoming subcommittee voted 7-2 to move legislation giving same-sex couples nearly all of the rights as heterosexual married couples to a vote before the full House in that state. The bill is sponsored by Wyoming's first openly gay representative, CATHY CONNOLLY, who said, "We passed the first step, but it's a big step. In the past, this bill has met failure even at the subcommittee level." The committee did defeat, on the very same day, a measure that would have allowed same-sex marriage in the extremely conservative state, by a 5-4 margin. But the closeness of that vote has liberals in Wyoming excited about future prospects. DICK CHENEY must be getting nervous. Last week six openly GLBT members were sworn into the United States House of Representatives. On Saturday, the New York Times ran a photo of Speaker JOHN BOEHNER posing at one of the swearing in cermonies with SEAN PATRICK MALONEY, his partner, and their two adopted children. BOEHNER had a priceless, and pained grin on his face. Of course, TAMMY BALDWIN was sworn into the Senate, as it's first ever openly gay member. Where is the similar picture with MITCH McCONNELL? Talk about prrof that elections have consequences! Thousands rallied in Paris over the weekend, in support of same-sex marraige there. Oooh, la la. And finally, the New York Times today ran a story about a small coal mining town in Kentucky. The town of Vicco, with it's 4 member City Commission voted this week to ban discrimination against anyone based on sexual orientation or gender identity. Even in backwoods Appalachia, change is coming. Wake up and smell the change! It is invigorating, and it is coming in waves.
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![]() 12.10.12 - Statement by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, on International Human Rights Day, December 10, 2012. |
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![]() 10.18.12 - Obama Pride: LGBT Americans for Obama - Jane Lynch, Jesse Tyler Ferguson, Billie Jean King, George Takei, Wanda Sykes, Zachary Quinto, and Chaz Bono share why they're supporting. |
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8.29.12 - Today the Republican Party approved a platform that The New York Times called "more aggressive in its opposition ... to gay rights than any in memory." |
The intolerant document calls for a constitutional amendment to ban same-sex marriage. It condemns President Obama for not defending the Defense of Marriage Act. The platform fails to recognize civil unions for gay couples, and it rejects the "use of the military as a platform for social experimentation" -- a veiled dig at the repeal of "Don't Ask, Don't Tell." This platform, which was written at the direction of Mitt Romney's campaign, defines the Republican Party today. It's a sharp reminder of what we stand to lose if Romney and Ryan take the White House this November. One party supports our right to be equals in the eyes of the law, the other rejects it. There is a clear choice in this election for the LGBT community and allies. We've got to fight for the only candidate who has our back. Join Obama Pride on Dashboard, the campaign's online field office, and stay informed about campaign news, events, and opportunities to volunteer: http://my.barackobama.com/Join-Obama-Pride-on-Dashboard Thanks, Jamie Jamie Citron |
Earlier this month, President Obama released the 2012 LGBT Pride Month Proclamation as well as a video message. And on Friday, the President delivered remarks to hundreds of advocates and community leaders, students and faith leaders at the White House LGBT Pride Month Reception. In his remarks, the President described some of the significant steps his Administration has taken over the last few years, including the repeal of “Don’t Ask, Don’t Tell”:
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My how gay pride has evolved. What used to be a day the "freaks" could step out in the sunlight without fear of reproach, is now like Black History Month or Grandparents Day. What used to be an excuse to get naked in the streets and not get arrested, is now like the 4th of July. Networks like Sundance, and even PBS run slates of pride programming. What was once a rallying cry for drag queens and dykes on bikes, is now like Fleet Week in all it's glory. Studios plan feature film launches around pride season. Recording artists release new music, and most certainly book lucrative gigs, during pride month.
My how pride has evolved. President OBAMA evolved for pride this year. This is the first ever pride where we can point to our American President, who supports same-sex marriage. It's in his proclamation: "Since I took office, my Administration has worked to roaden opportunity, advance equality, and level the playing field for LGBT people and communities. We have fought to secure justice for all under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, and we have taken action to end housing discrimination based on sexual orientation and gender dentity. We expanded hospital visitation rights for LGBT patients and their loved ones, and under the Affordable Care Act, we ensured that insurance companies will no longer be able to deny coverage to someone just because they are lesbian, gay, bisexual, or transgender. Because we understand that LGBT rights are human rights, we continue to engage with the international community in promoting and protecting the rights of LGBT persons around the world. Because we repealed "Don't Ask, Don't Tell," gay, lesbian, and bisexual Americans can serve heir country openly, honestly, and without fear of losing their jobs because of whom they love. And because we must treat others the way we want to be treated, I personally believe in marriage equality for same-sex couples."
And it's not just America that is proud. Do you realize in Argentina, a Catholic stronghold to be sure, recent legislation has made that country the most liberal on the planet for transgender rights. The most recent laws enacted, in a string of favorable legislation for transgendered individuals, requires public, and private medical practicioners to provide free hormone therapy, or gender reassignemnt surgery for those who want it, even those under the age of 18! Now that is proud. Let's face it, even in this country, transgendered individuals didn't have that much to be proud of, and still don't, even on gay pride. Oh sure, they are out marching front and center at this time, but society here, even gay and lesbian society, is not so quick to embrace them on days other than pride. Thoughtfully President OBAMA made federal discrimination against transgenders illegal early on in his march for gay and lesbian, and transgender civil rights. He evolved about transgenders way before he evolved on gay soldiers and lesbian brides. Pride really has evolved.
Just last week, an appellate court in New York ruled that the word "gay" is no longer considered slanderous per se. The word, in and of itself, is not derogatory. That is how much gay pride has evolved-it's okay to call someone gay. It's actually a compliment, like saying, "you're so fashionable", or , "you're so stylish". If you do call someone gay, they won't take it in the wrong way, I guess. They will thank you for noticing. And sashay right on by. Now that really is proud.
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No drama OBAMA didn't wait very long after the gentle prodding of Vice President JOE BIDEN'S comments on MEET THE PRESS Sunday. Education Secretary ARNIE DUNCAN upped the ante with his even more direct endorsement of same-sex marriage on MORNING JOE Monday morning. In an exclusive interview with ABC's ROBIN ROBERTS Wednesday, the President put an end to the growing distraction by announcing the completion of his evolution on the subject, "At a certain point, I've just concluded that-- for me personally, it is important for me to go ahead and affirm that-- I think same-sex couples should be able to get married. Now-- I have to tell you that part of my hesitation on this has also been I didn't want to nationalize the issue. There's a tendency when I weigh in to think suddenly it becomes political and it becomes polarized." The President explained his rationale in a cogent and understandable way. The process he has been going through, in fact, is much the same process the country has gone through. Entertainment vehicles, like ELLEN, WILL & GRACE, and MODERN FAMILY have helped to ease the shock of this transformation. But also, the presence of gays and lesbians in the lives of Americans, in the families of Americans, has also shaped the thinking of the public, which now supports by a majority, the right of same-sex couples to marry. The wedding date is not yet set. The President was careful to couch his decision in personal terms. He also was clear that the matter should be left open to the states to decide, a position that will quickly become untenable. How can a state decide to deprive a gay couple of the right to marry? It certainly can't, no more than a state could decide that interacial couples cannot be married. How can a state deny recogition of a same-sex couple married in one state, when that couple seeks benefits afforded straight married couples in that state. It certainly can't. But that will all be left to the courts. The issues of equal protection and other contitutional matters are working their way to the Supreme Court, where the matter will ultimately be decided. Meanwhile, some hiccups remain. Will the President use the powers of his office, by executive order, or other regulations, to advance the concept of same-sex marriage? Or, will he embrace a platform at the Democratic convention, that calls for a national right for same-sex couples to wed? These questions remain to be answered. But the facts are clear. President BARRACK OBAMA, who has already undertaken historic efforts to advance gaqy and lesbian civil rights, took another historic step yesterday in pronouncing his approval of the issue. It's up to us to insure he gets re-elected so he can make it a reality for the entire country. In a campaign message after his interview, President OBAMA explained his remarks, "Today, I was asked a direct question and gave a direct answer: I believe that same-sex couples should be allowed to marry. I hope you'll take a moment to watch the conversation, consider it, and weigh in yourself on behalf of marriage equality: http://my.barackobama.com/Marriage I've always believed that gay and lesbian Americans should be treated fairly and equally. I was reluctant to use the term marriage because of the very powerful traditions it evokes. And I thought civil union laws that conferred legal rights upon gay and lesbian couples were a solution. But over the course of several years I've talked to friends and family about this. I've thought about members of my staff in long-term, committed, same-sex relationships who are raising kids together. Through our efforts to end the "Don't Ask, Don't Tell" policy, I've gotten to know some of the gay and lesbian troops who are serving our country with honor and distinction. What I've come to realize is that for loving, same-sex couples, the denial of marriage equality means that, in their eyes and the eyes of their children, they are still considered less than full citizens. Even at my own dinner table, when I look at Sasha and Malia, who have friends whose parents are same-sex couples, I know it wouldn't dawn on them that their friends' parents should be treated differently. So I decided it was time to affirm my personal belief that same-sex couples should be allowed to marry. I respect the beliefs of others, and the right of religious institutions to act in accordance with their own doctrines. But I believe that in the eyes of the law, all Americans should be treated equally. And where states enact same-sex marriage, no federal act should invalidate them. If you agree, you can stand up with me here. Thank you, Barack" The ball is in our court!
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Today, President Obama came out in support of full marriage equality. We've waited a long time to hear those words from our president — the waiting is over. In an interview this afternoon with ABC's Robin Roberts, President Obama publicly declared his support for marriage equality. Up until today, all he would say about marriage equality for same-sex couples is that his position was "evolving" over time. That stand didn't make us happy, but today President Obama did the right thing, and the fair thing, by becoming the first sitting president to explicity support marriage for same-sex couples. This is a milestone for the LGBT community and for our country. Millions of families now know their country's leader believes in fairness for all. We applaud the president for taking this step in an extremely charged climate that just this week saw the passage of a constitutional amendment in North Carolina limiting legal unions to marriage between a man and woman, and the legislative gridlock in Colorado that blocked movement on a civil unions bill. So we know there is much more to do. And the Task Force, with you by our side, will continue the fight for full equality, economic security and justice. But today, we're celebrating. Please join me in showing your appreciation for President Obama. Sign the thank you card now! Sincerely, Rea Carey, Executive Director
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You can really tell it is an election year. President OBAMA, who has championed GLBT civil rights throughout his first term as president, released through a spokeman yesterday, that he will not sign an executive order making it illegal for companies doing business with the federal governmant to discriminate on the basis of sexual orientation. The order would have accomplished by executive fiat what legislation known as ENDA would do with the endorsement of congress. Republicans have stymied the legislation, which is supported by the OBAMA administration, and it is not expected to get a vote anytime soon, much less pass both the House and the Senate. President OBAMA signed by executive order anti-discrimination measures which make it illegal to discriminate against employees for the federla government on the basis of sexual orientation, which even included protections for transgenders. But that was early on in his term, and with the election looming, gthe prospect of handing over a hot-button issue to the republicans, as MITT ROMNEY has finally emerged as OBAMA's opponent for the fall. It is widely believed that if the president wins re-election he would most certainly sign an executive order soon after, early into his second term. OBAMA would no doubt prefer a wide, bi-partisan footprint on this issue, or at least solid democratic support for the proposition, but with elections looming later this year, that scenario will not be forthcoming. The President has other issues with regard to the GLBT community which he may not be able to put off until after the election. The legality of gay marriage may have further decisions in the federal court system before the election, and more importantly, the democratic party may in its convention in August, place the issue in it's platform. That would force the President, whose feelings on the matter are still "evolving", to own it, one way or the other, for the 2012 election. The chairman of the convention, Los Angeles Mayor ANTONIO VILLARAIGOSA, has been coy when asked if it will be an agenda item for the convention. But he has also been clear that he is a supporter, and has been for a long time, on the issue of same-sex marriage. With a solidly catholic constituencey, that is not an easy position for VILLARAIGOSA to take, but give him credit-he has been out front and openly supportive og GLBR rights, including the right to marry for quite some time. If only President OBAMA were so bold. But the GLBT community should be mindful. The President has done extraordinary work in advancing GLBT civil rights in his first term. And, just think what good he can do if re-elected!
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Having just come off his high profile "brocolli" argument in the just heard case on The Afffordable Care Act, and flush with a boisterous reputation for argumentative, if not obnoxious debate, how could I miss this one. Not being a fan of the conservative, almost bullying Justice, I was curious to see what the man was like in person. He has gotten some bad press for having cameras confiscated from those who take unconsented pictures, and for ridiculing questioners, both in his courtroom and on his lecture circuit. So I had to see for myself. Upon arrival I was not asked for my ID, not searched or led through a metal detector. I freely strode into the room, unassaulted, and unintruded, as it used to be when entering a public space in the justice system's domain. You can't even go pay a parking ticket in such a manner these days. I was even more surprised to find that for a scheduled 4:00pm start, Justice SCALIA was speaking by 4:15, and he got up from the front row, where he apparently had been waiting patiently as the audience took their seats. He was not led in from the wings under heavy escort, and there were no visible secret service to be found. Continuing on this journey of enlightenment, I found Justice SCALIA to be very down to earth, a charming, and engaging speaker. Unlike other judges, or even professors, he was current and contemporary. He went out of his way to joke, and make the audience feel at home, quipping about the death penalty, "that's why we have Westerns." Apparently Justice SCALIA found the whole hanging of horse thieves "a very efficient system." His disarming demeanor was in direct contrast to his bio in the printed materials I was reading before he started to speak. Born March 11, 1936, he served under the NIXON and FORD administrations before being appointed to the Supreme Court after 4 years on the Court of Appeals in DC by President REAGAN in 1986. SCALIA is the longest currently serving Justice, having sat on the Supreme Court for nearly 26 years now. The one item that jumped off the page in his bio was the fact that he has nine children. Now, I wonder where he might come down on this whole war on women/contraception thing? Do you think Justice SCALIA would overturn a law that required a woman in Arizona to get permission from her employer before using birth control? I think not.
But that depends on how the law was written. SCALIA you see, is an "originalist." That is a subset of the group of legal followers who are textualists-meaning they rely on the text of the legislation to make a ruling on a particular law. An originalist takes it one step further, relying on the original meaning, at the time it was written, of the actual words in a law that comes before the court. SCALIA has no interest in the legislative intent, or the legislative history behind a statute. "Frankly I could care less about the original intent." Now for me, I can hardly imagine a more activist jurist than one who doesn't even care about what the legislators intended in drafting a law. It seems completely backasswards to ignore the intent of the law and rule exclusively on the meaning of the words written. But that is what this Justice believes. And what flows from that belief is a complete disdain for what is called "the living constitution"-the concept that our constitution is a flexible, evolving document that foresaw so many of the rights that we hold so dear, and accomodates those rights for everytone, even as technology and the circumstances of time, test the limits of what those words meant when they were written hundreds of years ago. SCALIA mocks the concept of a "living contitution. Instead, he believes that if society needs an adaptive justice system, then that adaptation must come from the passage of new laws, and the election of new representatives. If the people don't like the rigidity of the constitution or the rulings of an "originalist" court, then the people should convince their fellow citizens, or elect representatives to pass legislation to reflect the new circumstances in society. This approach has its merits. Judges are left with much less leeway to interpret laws, and hence, may not stray from the status quo. This on its face sounds very conservative. Even ultra-conservative. But it presumes that everyone in society has the same influence, social standing, good fortune, or just plain luck that Justice SCALIA nad his like might have. Minorities, the poor, or otherwise disadvantaged might not be able to influence their fellow community members to support legislation, or represntatives who will accomplish the realization of their rights. Not to mention it takes a super majority and ratification by many states to change the consitution. It was alarming to me, the callous disregard Justice SCALIA had for the downtrodden, the powerless. Indeed, it was these very people that the highest court in the land was designed to protest. A last chance at justice. Not once, but twice in the span of 25 minutes SCALIA, trying to make a point that originalism was not partisan, made reference to "homosexual sodomy" when he could have just as easily said gay rights. I was stunned. There was no need to refer to it in such derogatory terms. Would straight people feel offended by the reference "heterosexual sodomy"? And didn't his use of the term point out the inherent problem with originalism itself? What straight people like SCALIA call sodomy, some gay people might consider sexual relations. One might agree with outlawing sodomy, but not sexual relations. Hence it could all hinge on who writes what words, rather than the intent and effect on society those words were meant to have. That sounds random. That sounds like gamesmanship. And that sure sounds like an activist judge to me. More disturbing was the obvious insensitivity by Associate Justice ANTONIN SCALIA to a vulnerable, and disciminated against minority, gays and lesbians. To refer to the pending issues before the Supreme Court, which are the makings of the last great civil rights movement in this country, in such perjorative and vulgar language, demonstrates how out of touch this man is with this burgeoning movement towards equality and acceptance.
All the while keeping the audience in chuckles. SCALIA was self-depracating, teasing that he didn't think he would be confirmed by Congress today, having been confirmed in 1986 by a 98-0 vote, with the two outstanding votes being Senators BARRY GOLDWATER and JAKE GARN, both conservatives. He thought of himself as Frodo in The Lord of The Rings, isolated and somewhat pitiful. "I'm afraid to ask what the evolving standards of decency in this society are" holed up in the marble confines of the Supreme Court. "I can't even do crossword puzzles" for lack of knowledge about the celebrities in today's culture. In the end, after his intellectual argument was presented, his image enhanced by a cordial, "humorous" presentation, the Justice chatted with those who stayed behind, allowed a few cell phone photographs of himself, and even signed an autograph or two. The man then went about his way, to eventually interpret the original meaning of "mandate" and "marriage."
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"The Presidents praised the cooperation fostered under the Joint Action Plan To Eliminate Racial and Ethnic Discrimination and Promote Equality in the areas of health, environmental justice, access to justice, education, and entrepreneurship in sports megaevents. They noted that as their economies grow, it is important that the benefits accrue to all sectors, including children and aged people and historically marginalized sectors such as women, people of African descent, indigenous peoples, people with disabilities, and LGBT people. They welcomed additional collaboration on LGBT issues in human rights multilateral fora. They also highlighted progress in bilateral cooperation for gender equality and advancement in the status of women, including efforts aimed at increasing women´s political and economic participation in the fields of science and technology; as well as the prioritization of prevention and response to gender-based violence globally." Meanwhile, in preparation for the upcoming Pride season, The White House announced a video competition aimed at honoring the unsung heroes in the GLBT community who are doing "extraordinary things" to improve the lives of gay, lesbain and trangendered people. Here's how it works. You have until Friday, May 4 to submit video entries online. A panel will review submissions and select a group of semi-finalists. Then, in early June, the public will have a chance to weigh in and help identify finalists that will be featured as Champions of Change at an event at the White House. And finalyy, for all you garden enthusiasts, The White House will open it's gardens this spring, with access free on a first-come, first-serve basis. Visitors can view the Jacqueline Kennedy Garden, Rose Garden and the South Lawn of the White House. Additionally, the White House Kitchen Garden – the first vegetable garden at the White House since Eleanor Roosevelt’s Victory Garden – will be accessible to tour guests. Aerosols of any kind
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On Wednesday, March 14, U.S. Secretary of Health and Human Services Kathleen Sebelius will join Cartoon Network at Stuart-Hobson Middle School in Washington, D.C., for the national premiere of Speak Up, the first documentary from Cartoon Network’s Stop Bullying: Speak Up initiative that seeks to empower all kids to take part in the country’s growing movement to help bring an end to bullying. The screening for the entire student population of Stuart-Hobson Middle School will be followed by a discussion of the documentary by Secretary Sebelius; Cartoon Network President and COO Stuart Snyder; Aaron Cheese, one of the youth featured in Speak Up; Dr. Duane Thomas, a bullying prevention expert; and youth from Project Change in Montgomery County, Md. In hollywood, there is a buzz surrounding another document, "Bully." The controversy, about a film that doesn't even open until March 30th involves the "R" rating given to it by the MPAA. That rating has members of Congress as well as theater chain operators in a twitter, looking to get the rating reduced so that kids, who need to see the film the most, can actually see it. On March 20, Meryl Streep and her daughter Mamie Gummer will co-host a screening of the film with and David Boies, one of the two attorneys responsible for overturning Proposition 8 in California, and his daughter, Mary Boies. The screening will be held in New York City. Johnny Depp has also signed on to lend his support; Ellen DeGeneres has devoted time to the film on her television show; and in the sports arena, Drew Brees, quarterback of the New Orleans Saints, has also added his voice to the movement. Kelly Ripa and Anderson Cooper came on board as news anchor partners, hosting a screening in New York City last week, that was presented by Bing, the search engine from Microsoft. In addition to the screening in NYC, Bing will also be supporting the film in a number of ways, including hosting an additional screening in LA. Iconic American designer Tommy Hilfiger will design an exclusive t-shirt inspired by the Bully movie poster which will be sold in Tommy Hilfiger stores with a portion of proceeds benefiting Facing History and Ourselves (http://www.facing.org/). Mr. Hilfiger is the first of ten designers that The Weinstein Company will ask to donate their services on behalf of the fundraising effort. IMG, renowned global sports, fashion and media agency continues to support the film in a number of ways, and famed photographer David LaChapelle has offered to donate his talents towards an advertising campaign. Change may be coming, but in so many ways, it is already here! |
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Maryland's Governor MARTIN O'MALLEY signed into law legislation that makes same-sex marriage in that state legal. Maryland becomes the 8th state to snaction such unions, and continues the momentum begun with Mayor GAVIN NEWSOME'S courageous act of allowing gays and lesbians to marry way back in 2004. That action, which he explained to democrats at California's convention 2 weeks ago, was precipitated by the rumblings of then President GEORGE W. BUSH in threatening to get a constitutional amendment to make same-sex marriages illegal. NEWSOME began a civil rights movement that has seen a hate crimes bill finally passed, same-sex benefits at the federal level, hospital visitation rights, and the repeal of "Don't Ask, Don't Tell". President OBAMA coming into office in 2008 has had a lot to do with these advancements, as did the passage of California's proposition 8, which has backfired on the promoters of the discriminatory referendum, resulting in not only the renewal of a national civil rights movement, but also the ratification by the federal courts of the rights of same-sex couples to marry, and to gain the thousands of benefits that flow from federal recognition of marriage. The California 9th Circuit of Appeals is set to hear an enbanc appeal of a recent 9th circuit Appeals decision that rules proposition 8 was unconstitutional. It is expected that decision, along with several others winding their way through the federal appeals courts across the country, will be taken to the Supreme Court. But the news for now is that 8 states have seen the light to humanity and civil rights for gays and lesbians. It can't be long before the rest of the country gets on the right side of history.
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Last week it was Washington State, this week New Jersey and Maryland step up to the plate, as marriage equality continues its steady march across the country. The assembly in New Jersey joined the efforts of that state's senate earlier in the week in passing legislation authorizing same-sex marraige in the garden state. The legislation is now in the hands of Governor CHRIS CHRISTIE who favors that the matter be decided by a referendum in November. He has 45 days to sign or veto the bill. How politicians at the executive level, or any level, could still believe, in this day and age that matters of civil rights can be up for majority determination is beyond me. It is archaic, and clearly in violation of everything this country stands for. A majority of voters cannot decide the civil rights of a minority class of indiviuals, period. Not in America! Not under our constitution! Governor CHRISTIE knows better than that. He is posing. Dancing for conservatives who see him as their next great hope now that GINGRICH, SANTORUM and ROMNEY have diluted the conservative brand. Just what is conservatism, other than bigotry and hate. Whether it's agains women, monorities, or gays, conservatives stand for all that is wrong with America, and vetoing this legislation will only doom CHRISTIE to that scrap heap of politicians that is on the wrong side of history. New Jersey is now in line to be the 8th state to legalize same-sex marriage. Maryland could soon follow, with a governor who vows to sign such legislation. The question there is whether they can get the necessary votes in the legislature. It is close, and there should be a vote next week. But what is close now, what seems like acceptable maneuvering by conservatives today, will soon be a thing of the past. Attitudes are changing. Gerationally it isn't even close. Young people, the future of this country are already beyond this issue. Governor CHRISTIE, and others like him, ought get on board now.
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It's Grammy week in Los Angeles, when the music industry convenes for it's big show. Everyone is here, from RIHANNA to the BEEB. The local sports teams, the LAKERS, CLIPPERS and KINGS have all embarked on their annual 6-game road swings. And, the SUPREMES are dominating the news. Not DIANA ROSS & THE SUPREMES, though it's about time, isn't it? No I am referring to the US SUPREME COURT who may finally be looking at taking on a case about same-sex marriage after yesterday's 9th Circuit Court of Appeals decision striking down Proposition 8 as unconstitutional. That news was less shocking, on the front page of today's LA Times, as the reference to diva DIANA ROSS, who we learn, has not ever won a Grammy Award. I mean, who didn't think that the notoriously liberal 9th Circuit would uphold a sweeping decision by District Court Judge VAUGHN WALKER invalidating California's anti-gay marriage initiative, that was the rallying point for a revolutionary national movement for same-sex rights of all kinds, back in 2008. It was a CHAIN REACTION actually, that started the push not only for marriage rights, but it has seen "Don't Ask, Don't Tell" fall. And if gays can serve in the military, then surely AIN'T NO MOUNTAIN HIGH ENOUGH. Nothing will keep the rights of gays and lesbians from becoming a reality. But, DIANA ROSS without a Grammy. Are you kidding me? Nominated 12 times, but passed over each time? Sure she'll be getting a lifetime achievement award, but really. It's a travesty. YOU CAN'T HURRY LOVE, but LADY SINGS THE BLUES needs some sugar. It's gotta be LIKE AN ITCHIN IN HER HEART. No female vocalist has done more to shape the path of music than Miss ROSS. And no event has done more to influence the arc of GLBT rights than Proposition 8. It was a heady time. BARACK OBAMA was elected president. Democrats controlled all three branches of government. A liberal hero was The Boss. Surely we no longer had to feel I'M LIVING IN SHAME. But there it was. Proposition 8 in California had passed, taking away the right for same-sex couples to marry in California. It was truly a LOVE HANGOVER. They STONED LOVE. Everything was UPSIDE DOWN, and Californians with a flare for decorating, or fixing things, could only lament, WHERE DID OUR LOVE GO? STOP IN THE NAME OF LOVE. It was straight out of the ROSS songbook: "You think that I don't feel love, After that fateful, bittersweet result in 2008, California gays and lesbians, and those that love them, took to the streets. This NOTHING BUT HEARTACHES was not going to stand. They stopped traffic. They got people's attention. And, the rest of the country watched and listened. Other states passed the right for same-sex couples to marry. President OBAMA put on a full court press, pushing for GLBT rights for federal employees, getting a hate crimes bill passed, and ending the divisive policy of "Don't Ask, Don't Tell" in the military.
On the legal front, a remarkable thing occurred. The legal dream team of DAVID BOIS and TED OLSON, once diametrically opposed rivals, joined forces to challenge Proposition 8 in the federal court system. They put on a comprehensive trial at the District Court level which resulted in one of the most sweeping decisions gays and lesbians have ever been afforded by the legal system. Judge VAUGHN WALKER struck down Prop 8 on nearly every concievable ground. He ruled it was unconstitutional as it violated both the equal protection clause and the due process clause. On THE RACHEL MADDOW SHOW last night, TED OLSON would have us believe the Court of Appeals decision was just as "sweeping", to use his word, but indeed it was not. And that may be a good thing. First, no one can fault OLSON for trumpeting the decision, and seeing the most optimistic conclusion from it. Godspeed to that. But, the 9th Circuit has run afoul of the SUPREMES on many an occasion. They are the most liberal of the appellate circuits. Hence, it was no great surprise to see the ruling yesterday, yet it was a shocker to learn DIANA does not have Grammy swag. But I digress. The ruling by three justices yesterday, split 2-1, was much more narrow. Indeed, the SUPREMES could elect to leave it alone altogether, in that it only applies to the unique set of circumstances in California, those being-the right to marry taken away from a group, after some of that group was able to be married, thus creating a seperate and unequal class. Those facts, coupled with the baseline environment in California, where gays and lesbians can avail themselves of domestic partnerships and can adopt and raise children, could make the precedential value of this ruling quite limited. (As for domestic partnerships and civil unions, let me just say-AIN'T NOTHIN LIKE THE REAL THING!) And hence, ROBERTS, SCALIA, and the like may not want to REACH OUT AND TOUCH it. Without a doubt, it is a landmark achievement in the rights of the GLBT community to have an appellate court rule so squarely on the topic of equality. But we'll have to see if this one goes UP THE LADDER TO THE ROOF, where we can see Heaven much brighter. There may be other cases, with better facts, for more encompassing precedent, with which to make law. Proponents of Proposition 8 have two choices, to appeal to an en banc panel of the 9th Circuit, or to go directly to the SUPREMES. If the high court decides to hear the case, there could be a decision as early as next year. As far as bigots go, the sooner the better because, my friend, THE TIMES THEY ARE A CHANGIN. (It's Grammy week, give me some leeway here.) And, the bottom line, DIANA gets her long overdue Grammy this week. And, SOMEDAY, maybe someday soon, WE'LL BE TOGETHER. Yes we will, yes we will!
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The Ninth Circuit Court of Appeals has just ruled that Proposition 8 is unconstitutional! We knew all along that Prop 8 was wrong, and this ruling affirms what millions of people all across the country already know — loving, committed same-sex couples and their families should be able to share in the celebration and obligations of marriage. This is a huge victory in the battle for marriage equality, but this fight is far from over. The federal government still refuses to recognize our families. The so-called Defense of Marriage Act remains the law of the land, and thousands of loving families are denied the protections, rights, and responsibilities that other married couples take for granted. The Obama Administration has refused to defend DOMA. It’s time for Congress to repeal it. Take Action now: Tell your senators to pass the Respect for Marriage Act and repeal DOMA. Let’s use this historic ruling as a catalyst in our fight for equality, and demand that the federal government recognize our relationships.
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New Jersey is poised to pass a law that would force Governor CHRIS CHRISTIE to veto the right for same-sex marriage in the garden state. CHRISTIE, playing from the ARNOLD SCHWARZENNEGAR playbook-talk like a reasonable sane person while forcing a referendum on the issue in hopes of not getting muddied-is still not in favor of gay marriage. But, he recently appointed an openly gay judge to the New Jersey Supreme Court, and his legislature is going to pass the measure. After the experience of Proposition 8, it is now openly discussed in that state that civil rights cannot be put up for a popular vote. Somehow, that reality never made it into the public discourse in California. And after ARNOLD twice vetoed similar measuresin California, the hyupocrite came out against Proposition 8, which passed and stripped the right for GLBT Californians to marry. That whole mashup is on it's way to the Supremes. Dcoes CHRISTIE really want to retread that old ground? But now, on the other coast, the state of Washington is ready to breach the subject as well. The state senate passed legislation that will legalize same-sex marriage. The proposed law goes to the house in Washington where it is expected to pass. And, get this, Governor CHRIS GREGOIRE is on record saying she will pass it. That would make 7 states, including Vermont, Massachusetts, Connecticutt, Iowa, New Hampshire and New York, to go along with the District of Columbia, where civilization has evolved. In the words of someone not long ago, they(the Republicans) hate us for our freedom. But freedom will find a way!
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New regulations, published as final in the Federal Register next week, will go into effect in 30 days |
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White House Office of Public Engagement to Hold LGBT Conferences Around the Country |
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America has always prided itself as being a country with a fair, and advanced legal system, a place where the rule of law evokes a certain amount of comfort and relief. I went to law school because of that notion, that with the law on your side, you had right and good, and could not lose. Years of direct confrontation with the limits of those ideals sobered me to the concepts of fairness, and even goodness when it comes to jurisprudence, but there always was the bottom line defense of the American judicial system, no matter it's faults, it's the best in the world. That is probably still the case, but recent events erode on that beacon. The court, particularly the Supreme Court, is losing the battle for sanity, leaving in its stead, chaos and uncertainty. The erosion is subtle; it's happening right before our eyes, but little is being done to stop it. It's as if no one cares, or worse, that there is little we can do, and so we just shake our heads, almost laugh at the rediculousness of it. Yet there it is, in the midst of our daily lives, and growing, like a cancer. It started with the bald power grab in 2000, when in BUSH V GORE, the Supremes stepped into a contested vote count in Florida, and handed the presidency over to the republicans. It was partisan; it was unprecedented; and it was final. Done deal. Game over. And we just took it. A decade has passed, and the effects of the rule of law in establishing the rule of Bush are disastrous. The country is still digging out of a two-term frat boy who was handed the keys to the family luxury sedan and ran it into a ditch. We may never get the weeds out of the back seat, and the transmission seems permanently damaged.
That influence was deftly wielded in 2010 in the Citizens United case. That gem of wisdom now allows billionaire donors like SHELDON ADELSON to give $5 million to the benefit of campaigns like NEWT GINGRICH. ADELSON is a multi-national businessman who runs casinos. Just for good measure, he agrees with the notion espoused by NEWT that the Palestinians are an "invented people." Now that seems good for democarcy, right? But our conservative, if not extremist Supreme Court wanted it that way. Just how conservative, and extreme is this "BUSH" Court? Well, just this week they ruled that credit repair companies, you know those crooks who take your money, usually a percentage up front, to negotiate with your creditors, usually big banks that are the impetus for so much unrest and foment in our economy, anyway, those repair companies can now take your money, and require you to waive your right to sue them in court, opting out for arbitration, usually in some fine print that you never even saw, much less agreed to. Wow, that's a mouthful! The bottom line, the Supremes have sided with credit repair companies, and by way of relation, with big banks, in ruling that arbitration provisions, buried deep in some 100-page contract are enforceable to deprive a wronged customer from suing in court. It is the latest in a string of rulings bolstering the binding nature of arbitration proceedings in contracts, a curious result for a court which surely must know the vagaries of such processes. How can an arbitrator, or even a panel of arbitrators possibly mete out justice like the American court system? Why would judges deprive the right of an aggrieved customer to sue, in lieu of a system no doubt influenced by the forces of money, and greed, and power. It's the banks we're talking about, after all!
It is against this backdrop that the Supremes considered the issue of censorship on television this week. Talk about the Taliban. The rules in this country on decency and obscenity over the airwaves are rather arcane. They stem from a ruling in 1978, FCC v. Pacifica Foundation, in which the then Supreme Court laid out 7 words that could not be said over the airwaves. A major part of the court's ruling relied on the effects such language would have on children. Really? Language? Words? However appropriate that may have been in 1978, it certainly doesn't hold the same weight today, with hardcore sexual activity a click away for most youngsters, gun battles to the vivid and realistic bloodyndeath on game consoles, and the reality of life up close and presonal all around. What harm will come if a 7-year old hears the word "shit"?
It should be noted that ROBERTS is the only justice with small children. It should also be noted that judges, much less Supreme Court Chief Justices, are to show at least the impression of impartiality. Really JOHN? Justice ANTONIN SCALIA, himself a member of the Taliban, didn't limit the necessity of shielding ones ears and eyes to such vile to children, "This has a symbolic value. Just as we require a certain modicum of dress for the people that attend this court. These are public airwaves. I'm not sure it even has to relate to juveniles, to tell you the truth." What! Is SCALIA saying even adults shouldn't hear the word shit, or fuck? Or see nudity? What about beards ANTONIN, can we shave our beards and go in public? Should women wear veiles? The man is insane! And he is making decisions, along wioth the olther conservative loons that run our lives, for years to come. This court could make rulings that effect many of us for the rest of our lives. Period.
The relevance of all this in an election year must not be lost. The power to appoint replacements to the Supreme Court is immense. That power must not fall into the hands of the likes of NEWT GINGRICH, or MITT ROMENY, the Mormon. OBAMA must be re-elected, and if we are lucky, HILLARY CLINTON for 8 years after that. The fact is, the Supreme Court in this country over the last decade has been uneasily "active" in influencing day to day life in this country, not unlike the Taliban of Southwest Asia. And the scary thing, a number of those sitting on the court have views no less extreme. We don't need any more like them.
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