Tag: Prop 8

The bigots lose again

Apparently the Alliance Defending Freedom (That last word used to be Force) lost in their bid to have the hold maintained on Prop 8.

I could have told them that’s the case. They did not understand that even though the bigots were denied Section III Standing it is STILL a disposition of the case, effectively deferring back to the CA Supreme Court’s findings and judgement that Prop 8 was IN FACT unconstitutional.

The bigots draw from a fairly shallow pool there.

My thoughts on the Prop 8 and DOMA rulings by the U.S. Supreme Court

At first brush I consider they took a punt on the Prop 8l case. But in their dismissal of standing one thing that is obvious to me is that the bigots can no longer claim standing in states where voter initiative was used to write discriminatory laws. Precedence so to speak is present in there.

In the states that have Constitutional amendments I expect to see a number of federal lawsuits against sitting governors, legislators and the like and when they fail to defend the discriminatory law we win by default since the bigots can no longer claim any harm and therefore no standing in a federal case.

Here’s the Prop 8 decision:

Now on DOMA – I was pretty sure the court would affirm that it is unconstitutional. That they did it under the fifth amendment is interesting.

In case you’re not familiar, here’s the text of the 5th with the relevant element in bold.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Here’s the DOMA Decison:

 

Life, liberty and property. Does that ring a bell for anyone or did you forget about the Tradition, Family and Property (TFP) dolts.

I find that very interesting that the court chose to go this route. It was in my opinion the easy way out. But it’s effective since it demolishes section 3 of the DOMA law, and therefore most of the DOMA law by default. It is a serious offense to deny a citizen of the U.S. rights to life, liberty or property. It’s an idea that extends from the foundational document of the United States, the Declaration of Independence itself.

But in the end summation what the Supreme Court did was to setup thirty-seven  little legal challenges to discriminatory laws and amendments that will resonate onward for a few years.

And of course the bigots at NOM are going a little crazy. It’s because they know this is the end of the line for them. They’ve tried the legislative route and by and large been successful at hoodwinking the public some 31 times. But that tide has turned. They’re on the ropes.

So congratulations to California – marry at will. And to the rest of us we can now marry the person of our choosing in New York,  Connecticut, Rhode Island, Massachusetts, New Hampshire, Maine, Vermont, Minnesota, Iowa,  Delaware, D.C., Maryland, and Washington and have it RECOGNIZED under some eleven hundred Federal law;. Things like inheritance taxes, survivor death benefits, and a whole host of tax benefits.

U.S. Supreme Court to take up Prop 8 case

This is interesting news.

The article also mentions the federal DOMA is also being taken up but the court too! This is great news. It means that we gay people will finally be granted our full measure as citizens of the United States should the court rule in our favor once again. And I suspect that when looked at logically both Prop 8 and the DOMA law are blatantly unconstitutional.

I think the reason the courts took up these cases is due to the fact that overall support for marriage equality is rising rapidly. Plus you have, as NOM likes to issue their unctuous crow, 32 states that have state law or constitutional amendments that, again to paraphrase NOM “Unite only man and woman in marriage”.

That kind of thing never sits well with any court, let alone the United States Supreme Court. Courts get downright cranky when you start grouping people into distinct classes. It’s sort of why I say here in RI our right to marry is headed for the judiciary – as it stands there are three or more classes of people in RI now.

Here’s the release:

Supreme Court Order

I direct your attention to 12-144 and 12-307 – that former is the Prop 8 case, the latter the DOMA challenge.

This is a really exciting time to be alive!

So it was the religious and the uneducated (Prop 8)

Those are the two common demographics that are emerging from the Proposition 8 fight in California. The people who voted against equality and enshrined hate into a constitution were either religious, uneducated, or both in my view.

Religion tends to enforce utter faith in the words of the Bible and of the pastors. It scorns education in general since those who created the current monotheistic religions knew that once you applied the test of critical thought, religion flies out the window. I think that’s why the great classical era is so interesting since they had a panoply of gods to worship. It kept their minds a bit sharper, didn’t allow for one god to run the whole show.

It is why I say that I’d be happier if organized religion were to disappear tomorrow. I’m tired of my life being overruled by those who wave a Bible in my face. A single book does not an education make.

But this is also why we’re seeing fights to insert creationism into science texts in many states, as well as the open persecution of anyone who doesn’t toe the abstinence line. The of course there is the anti-abortion crowd, the anti-gay crowd, and their ilk.

The ones that scare me most are the Dominionists. Do they really want to live under Gods Law? Death penalty for what things like adultery, no divorce, no shellfish, no mixed fabrics, men required to wear beards, a woman who is undergoing menstruation is determined as unclean and has to stick to the prohibitions in Leviticus. These are people who want to wind the clock back to the 50’s, not the 1950’s but the 50CE era. They want to apply a harsh desert theology to modern society. My guess is that we’d see precisely the clashes we’re seeing right now.

The reality is that they want to control what OTHER people say and do. A return to the Puritanism of the early settlers of the U.S. For even back then the rules really didn’t apply to the men in power. Remind you of anyone today, maybe Bush & Co?

It’s time for we thinking people to stamp out religious ignorance. I know it is a tall order but I think we have the momentum to shut down the ignorance once and for all. As I always say, the churches have had a minimum of six millennium to try and get it right and they’ve failed miserably.

Oh Happy Day

This is an historic event, the first time the United States has elected an African-American President.

I imagine that if the Rev. Dr. King were alive today he would be very pleased by this, as am I. I’m pleased for many more reasons though.

This is a total repudiation of the policies and laws from the Bush administration and I am absolutely ecstatic about it. My primary concern was the U.S. Supreme Court.

This is a court that gave us the profit motivated eminent domain in addition to handing the election to Bush & Co. way back in 2000. It’s also a court that has several members that are in their 80’s and ready to retire.

I’d much prefer to have a liberal and open minded judiciary than one that is controlled by neo-con ideologues like Scalia, Alito, Roberts et al. We’re stuck with them for at least 10 or more years but with a Democrat President and Democrats having absolute control in the congress I have no fear that we’ll see any such. I’d honestly like to see my Senator, former AG Sheldon Whitehouse nominated to the Supreme Court.

I haven’t seen anything on Prop 8 in California nor on the other mean spirited measures. I do know that both issues on the RI issue passed.

The first allows the state to take advantage of federal highway funds as well as paying for enhanced commuter rail service.

The other is a perennial ballot question an open space initiative. This takes land off the books for preservation and I wholeheartedly approve.

But congratulations to the Obama team. I’m so happy I didn’t waste the money I donated.

On another note I’m saddened that Californians now have the dubious distinction of being the first state to enshrine hatred and bigotry into their constitution. But there’s hope, apparently a civil lawsuit is in the works because Proposition 8 violates several other parts of the CA constitution.

Even my straight co-workers were disappointed by Prop 8 passing. Surprised the shit out of me.

Google Comes out against Proposition 8

Some good news out of Google HQ, they’re coming out against California’s Proposition 8.

This is utterly amazing to me that a company as large as Google is would come down on our side. As many times as I’ve faulted Google for their blog policies, etc. sometimes they do something that pretty much washes away their sins.

This is one of those occasions. I feel a bit badly about leaving Blogger but I do enjoy some of the features of WordPress so I won’t be going back soon. But to my friends on Blogger, now you have a reason to forgive some of Google’s transgressions.

It’s common sense here. One thing about the Google blog posting by Mr. Brin that occurred to me is interesting. Google is a company comprised of highly educated and motivated people. I’ve noted that the more educated one is, the more socially liberal they are later in life. This also seems to be very prevalent in the sciences and engineering fields, and not so obvious in the business and soft sciences fields with the exception of psychology.

So those that are for Proposition 8 are the uneducated and ignorant masses. Consider that only 27% of U.S. adults hold B.A. or B.Sc. degrees and you have your answer. The rest of them depend on their church or pastor to educate them, and we all know that those pastors have an agenda.

I see this regularly with my father. I’ve caught him in some outright ridiculous shit that I can trace back to his pastor and his pastors affiliation with white supremacists groups.

That’s the other thing, white supremacists. If you’ve studied anthropology in any way, shape or form you have to know that we white people aren’t in any way superior to any other race. In fact race is a human creation.

And if you really want to make a white supremacists head pop, just mention that our distant ancestors more than likely started out on the African continent and had skin that was quite a number of shades darker than ours. It’s actually been genetically proven at this point.