Adam Carl Has Two First Names

I totally forgot that I have blog.

Wed, 20 Mar 2013 18:10:31 -0400

I totally forgot that I have blog.

Mitt Laments 47%, Wishes It Were 70

Wed, 19 Sep 2012 23:23:00 -0400

Can someone explain something to me? A huge chunk of the 47% Romney is complaining about (the ones who aren’t, say, combat veterans, retired seniors or students), are low-wage earners who, thanks to Reagan-era tax reform, don’t make enough to qualify for federal income tax. But if Mitt and Company had their way, unions would go away and, rather than ship jobs and factories overseas, CEOs could create millions of low-wage manufacturing jobs here in America. Sound reasonable? Here’s the catch: Millions of these low-wage jobholders would, surprise surprise, not earn enough to pay federal income taxes, and would likely need some government assistance. Catch, meet 22.

Now admittedly, I’m no economist, but I just don’t understand the logic. Corporate America’s dream scenario (that America’s workforce look more like Malaysia’s), would actually make Mitt’s maligned 47% soar to, say, 70%. And I’m pretty sure that 70% wouldn’t gravitate to a party who thinks they ought to take their tiny untaxed salary and shove it.

The corporate wing of the GOP seemingly wants us to work longer and harder for a barely-livable wage AND receive no government assistance. How’s that gonna work? Okay, well, maybe we’ll just have fewer children. What’s that you say? Not a fan of birth control? Man, you GOPers really want to throw up roadblocks to prosperity, don’tcha?

In reality, rather than reduce dependency on government, the GOP’s wage slashing fetish would increase it drastically. The cure is not just to create jobs, but to create good, desirable, decent-paying jobs that create new taxpayers; taxpayers who won’t need to rely on social programs to make ends meet; taxpayers who can provide for their families and afford health care premiums and save for retirement; taxpayers who can contribute to the social safety net for those who still need a helping hand.

In short, I’m pretty sure the government won’t need to bail you out if you’re making enough at your job to provide for yourself and your family. It’s these jobs unions fight for and it’s these jobs Mitt Romney and his ilk think are too pricy for corporate America to afford. In order to compete with China, they think you ought to be willing to earn just as little as a Chinese citizen - but still pay for everything in America yourself. And if you can’t, you’re hopeless and will never be convinced to take responsibility for your own care.

The point, however, is to create a consumer base that can actually afford to buy the goods it’s manufacturing. If Mitt Romney and his friends really love America, they’d practice a little economic patriotism, and create better-paying jobs here in America even if it costs more. The move from grotesque profits to merely fantastic might actually be the rising tide that lifts all boats. If corporate America would stop whining that American labor is too expensive, maybe we’d actually have the more self-sufficient country Mitt Romney is pining for.

As it is, he and his fellow corporatists long to create instead a vast army of low-paid worker-bee automatons who, by definition, would join the very ranks of the dependent poor who madden him so. How does that make sense?

Barack Obama's Gay Convention Speech

Fri, 07 Sep 2012 02:39:00 -0400

Barack Obama did something extraordinary tonight that I’m pretty sure is unprecedented, and I don’t want it to go unnoticed. Three times, in a major party convention nomination speech, the accepting candidate specifically stuck up for gay Americans. There was a reference to the government not telling you who you can marry, there was a shout out to the repeal of Don’t Ask, Don’t Tell, and “gays” prominently concluded his list of people and things that should not be blamed for the ills of the country.

It was only a few short years ago that the support of equal rights for the LGBT community was the Democrats’ dirty little secret, maybe in the platform, but rarely vigorously defended, and Republicans successfully exploited that support as a wedge issue to divide Americans. Tonight, the American president included it in his rhetoric - in perhaps the most important speech of his political career - as a means to unite us.

This is a testament to Obama’s character and political courage, but also - and perhaps even more so - to just how far the American public has come in a short period of time. It is largely because of how we have evolved as a nation, that the Democratic party and its standard bearer can wear its support of the gay community as a badge of honor and not risk losing a national election. In fact, not supporting equality is likely to harm politicians now, more than help.

This is not just amazing progress - it’s quite literally what change looks like.

Middle Class? Thank a Union Member

Mon, 03 Sep 2012 17:43:26 -0400

Conservatives have a storied history of fighting fantastic government programs tooth-and-nail, and then adopting them as their own once they prove successful and popular. One need look no further than the pitched battles over Social Security and Medicare. Without liberals, neither of these valuable social safety nets would exist. At the time of their creation, conservatives railed against them as the death knell of freedom and democracy. Then, generations later, the same party that warned that those programs would lead to a socialist dictatorship, defends them - or pretends to - as if it had given birth to them. The GOP counts on the general amnesia of the populace, and generally gets it. It amazes me that just a few decades removed from the creation of the safety net they opposed, Republicans can dupe voters into believing that they are the party that should be entrusted with protecting it. I have no doubt that in twenty years time, Republicans will drop the “Obama” from the “care” and behave as though health insurance reform was their idea all along.

Well the same goes for the middle class. Republicans talk a lot about the middle class. You’d think defending it was near-and-dear to their hearts. But the middle class was created by the labor movement. Without union activism - which was, and continues to be strongly opposed by American conservatism - there would still be only two classes in America, wildly wealthy business owners and wage earners. And those wages would be tragically low. Codified protections would be almost nil. Working conditions would be sub-human. Because that’s exactly the way life was before the labor movement kicked ass.

Corporations object that unions, by demanding that the American worker have better wages and benefits than anywhere else on Earth, are actually job killers - and then, to prove it, they ship those jobs to everywhere else on Earth. Rather than celebrate and participate in a system that is able to make huge profits and create terrific, high-paying jobs that would lift all boats and strengthen our economy, these “patriotic” Americans quite literally say “We would rather America look like the developing nations where we move our factories. Cheap labor, no protections. And until it does, see ya.”

When you hear a corporate exec say “It’s too expensive to keep our business in America,” they are admitting that they have no interest in sacrificing a percentage of their profits to make sure America is the greatest country on Earth in which to be employed, with the finest standard of living. They are frustrated that they are not allowed to exploit American workers in order to create millions of shit jobs. They are pissed off that American workers should be able to live so well at the expense of their bottom line. They openly pine for an America that looks like a Third World Nation.

But the unions would and will have none of it. Unions fought tirelessly - and often with their lives - for 8 hours work days, and weekends, and a minimum wage, and overtime, and sick leave, and pensions, and health care coverage, and holidays, and workplace safety - all of the perks the modern American worker takes for granted. Corporations did everything within their power, including murder, to prevent American workers from winning these protections. And they continue to try and undermine unions and their hard-won gains at every turn.

Conservatism has consistently opposed American workers vastly improving their lot in life - essentially done everything it could muster to prevent the existence of a middle class - and yet the Republican party swears up-and-down that they are the party best suited to protect and defend middle class interests. It’s insulting to even the most humble intelligence.

It’s a matter of simple logic: The labor movement created the middle class, and Republicans want to beat back the labor movement. So why on Earth would you trust Republicans to protect a middle class that, if it were up to them, never would have existed in the first place?

Since Todd Akin Likes To Get Advice From Doctors

Tue, 21 Aug 2012 18:14:01 -0400

The time has come,
The time is now.
Just go, go, go!
I don’t care how.

You can go by foot.
You can go by cow.
W. Todd Akin,
will you please go now!

You can go on skates,
you can go on skis.
You can go in a hat.
But please, go please!

I don’t care.
You can go by bike.
You can go on a Zike-Bike
if you like.

If you like, you can go,
in an old blue shoe,
Just go, go go!
Please do, do, do!

W. Todd Akin,
I don’t care how.
W. Todd Akin,
will you please go now?

You can go on stilts,
You can go by fish.
You can go in a Crunk-Car
if you wish.

If you wish you may go
by lion’s tail
Or stamp yourself
and go by mail.

W. Todd Akin!
Don’t you know
the time has come,
so GO, GO, GO!

Get on your way!
Please, Todd A!
You might like going
in a Zumble-Zay!

You can go by balloon…or broomstick.
OR you can go by camel in a bureau drawer.
You can go by bumble boat…or jet…
I don’t care how you go, just GET!

Get yourself a Ga-Zoom.
You can go with a….BOOM!
Todd, Todd, Todd
Will you leave this room!

W. Todd Akin, I don’t care HOW!
W. Todd Akin, will you please GO NOW!

Republicans on the Bible: "Ignore the Framers' Intent."

Tue, 14 Aug 2012 22:09:00 -0400

There are two schools of thought when it comes to interpreting the U.S. Constitution. Conservatives tend to favor what is known as “constructionism.” Strict constructionists argue that there should be no reading of the document other than that which reflects the unerring intent of the original framers. Never mind that there’s no particular reason for considering the 55 politicians who drafted the document, or the 39 who signed it, to have been wholly infallible; never mind that the framers themselves were often wildly at odds with each other; never mind that they couldn’t possibly have envisioned the various issues that might crop up in future generations.

Despite all of this, the rigidly doctrinaire constructionist crowd doesn’t believe you have, say, a constitutional right to privacy, if those specific words weren’t written down in the original document or in one of its many ratified amendments. Liberals tend to be more “developmentalist,” viewing the Constitution as a living, breathing document, the specific clauses of which can be interpreted more widely in light of modern legal dilemmas which were unforeseen at the time of its 1787 adoption—or as Chief Justice Earl Warren put it, “The evolving standards of decency that mark the progress of a maturing society.”

It would be hard to argue that the framers wouldn’t eventually have come to a consensus on issues such as privacy, or reproductive rights, had those been 18th century concerns, but that is exactly how constructionists—or their only marginally more open-minded cousins, originalists—expect us to behave; if it didn’t exist then we must pretend it doesn’t now. This progress-hindering position is complicated by the existence of the Ninth Amendment, which states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Meaning just because the document doesn’t specifically grant that aforementioned right to privacy, doesn’t mean one doesn’t exist. In fact, this language was specifically added by those fabulous, supposedly fault-free framers to prevent die-hard constructionists from later attempting to apply the maxim “Expressio unius exclusio alterius” (“The express mention of one thing excludes all others”). So when a conservative protests “Where in the Constitution does it say you have a right to an abortion?”, one could quite reasonably point to the Ninth Amendment and say “Where does it say I don’t?”

The constructionist argument is further complicated by the fact that the original framers’ specific intentions are, by definition, open to interpretation (which essentially is the difference between a constructionist and an originalist, the latter of whom will at least acknowledge some wiggle room). Whereas a constructionist wants a strict reading of original intent, an originalist will claim to want a reasonable one; both, however, demand adherence to what they see as the specific designs of the framers, frozen in time in 1787. Or at least they pretend to. As University of Tennessee College of Law Professor Thomas Davies has written about the Court’s current conservative majority:

“As practiced in the Supreme Court, originalism is merely a rhetorical pretense under which justices justify their personal predilections by falsely claiming fidelity to historical meaning, while actually ignoring or altering the historical meaning.”

In other words, conservative judicial activism. Despite the many problems with the “framers’ intent” position, both in theory and praxis, it has become a Republican shibboleth. As far as the right is concerned, (alleged) fidelity to historical meaning is the overriding concern of Constitutional interpretation.

Which brings us to the Bible. Yes, the Bible. The Bible may be the only document that many über-conservatives will assert that they value more than the U.S. Constitution. When George W. Bush was asked at a 1999 GOP presidential debate in Des Moines who his favorite political philosopher was, he didn’t say, for example, “Thomas Jefferson,” a Founder and early proponent of laissez-faire capitalism. Instead, he answered “Jesus.” Several of the other GOP hopefuls then fell over themselves to agree with the choice. Left unexamined was the fact that from a political standpoint, Jesus was a die-hard liberal who preached nothing if not pacifism and the kind of social and economic justice lamented by many modern conservatives, such as newly-minted vice presidential candidate Paul Ryan, a devotee of the godless objectivist Ayn Rand. Jesus was also an anti-money demagogue who routinely demonized the wealthiest among us. So why the philosophical incoherence?

When it comes to the Bible, you would think that these same conservatives—for whom “original intent” is the whole ball of constitutional wax—would insist on a close reading to glean its “framers’ intent,” and that they would then behave accordingly. Well, not so much. Which is a funny thing. Because even more than the Constitution, the intent of the language in both the Old Testament and New is remarkably, inarguably clear.

“Six days shall work be done, but on the seventh day there shall be to you an holy day, a Sabbath of rest to the Lord. Whosoever doeth work therein shall be put to death.” - Exodus, 35:2

A strict constructionist, or even an originalist like Antonin Scalia, would have to maintain that the framers’ intent was that anyone working on the Sabbath be put to death. A developmentalist like Earl Warren, however, would argue that modern mores lead us to a new conclusion, perhaps only that one should honor the Sabbath as a day of rest. It is this “interpretation” that we as a society now widely accept. Score one for the activist liberals.

“Do not wear garments woven from two types of thread… do not cut the hair at the sides of your head or clip off the edges of your beard… if a stranger sojourn with thee in your land, do not vex him. But the stranger that dwelleth with you shall be unto you as one born among you, and you shalt love him as thyself; for ye were strangers in the land of Egypt.” All followed by the admonition “Keep all of my decrees and all my laws and follow them. I am the Lord.” - Leviticus, 19:19, 19:27, 19:33 and 19:37

God’s intent in Leviticus 19 is not really open for interpretation: a modern adherent must be staunchly pro immigrant and be so while never getting a hair cut or, as the famed Letter To Dr. Laura cleverly notes, wearing a cotten/polyester blend. Doesn’t exactly sound like Clarence Thomas, does it? And yet Thomas is an originalist whose entire legal world view, like most conservatives, is all about framers’ intent. I don’t get it. Isn’t God the original Founding Father?

Some would quibble that I’m talking Old Testament, and there’s a New One. So here are just a few things Jesus and his disciples said about money and wealth:

“Jesus said unto him, if thou wilt be perfect go and sell that thou hast, and give to the poor, and thou shalt have treasure in heaven: and come and follow me.” - Matthew 19:21-22

“No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money.” - Matthew 6:24

“People who want to get rich fall into temptation and a trap and into many foolish and harmful desires that plunge men into ruin and destruction. For the love of money is a root of all kinds of evil… but you, man of God, flee from all this, and pursue righteousness, godliness, faith, love, endurance and gentleness.” - Timothy 6:4-12

“Go to now, ye rich men, weep and howl for your miseries that shall come upon you. Your riches are corrupted, and your garments are motheaten. Your gold and silver is cankered; and the rust of them shall be a witness against you, and shall eat your flesh as it were fire. Ye have heaped treasure together for the last days.” - James 5:1-3

“Then Jesus said to his disciples, “It is hard for a rich man to enter the kingdom of heaven. Again I tell you, it is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of God.” - Matthew 19:23-2

And, of course, the biggie:

“Then He will say to those on his left, ‘Depart from me, you who are cursed, into the eternal fire prepared for the devil and his angels. For I was hungry and you gave me nothing to eat, I was thirsty and you gave me nothing to drink. I was a stranger and you did not invite me in, I needed clothes and you did not clothe me, I was sick and in prison and you did not look after me.’ They also will answer, ‘Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’ He will reply, ‘I tell you the truth, whatever you did not do for one of the least of these, you did not do for me.’ Then they will go away to eternal punishment, but the righteous to eternal life.” - Matthew 25:31-46

How must an originalist view these biblical admonitions? There is only one obvious answer: Jesus was a passionate advocate for the poor, distrustful of the wealthy, and if you don’t look out for the needy, the sick, the homeless, even the prisoner… you’re going straight to Hell. Yet the GOP seemingly has no problem calling for Christians of all stripes to ignore Jesus’ clear words in favor of a modern, relativist reading of the Bible more attuned to our present day, evolved needs and beliefs.

American conservatism has bastardized the New Testament’s original lessons so drastically that there is now even a Prosperity Gospel, propounded by the likes of Benny Hinn and Joel Osteen, which goes as far as to argue that Jesus blesses his believers which riches; gifts of health and wealth to which they, as his faithful followers, are clearly entitled. No matter that this flies in the face of an originalist reading of Christ’s own words. This is exactly the sort of “creative interpretation” of the Bible that conservatives rail against with the Constitution… and yet when it comes to their own most sacred text, such an über-liberal view is de rigueur.

The questions scream to be asked: How is it that to a conservative mind, what is supposedly the literal, unerring Word of God is open for miles wide interpretation, but the creation of 55 warring politicians must be narrowly defined as if it were the unerring Word of God? How can they believe that the framers were perfectly clear when they were vague but that their Lord and Savior needs an army of interpreters when he was perfectly clear? God is not infallible… but some liberal lawyer named Rufus is?

I guess this leads to one inexorable conclusion: Either progressives have been right all along to employ a broader interpretation of the Constitution—one that, like the GOP’s modern view of the Bible, evolves along with society—or conservatives give infinitely more credit to the Founding Fathers than they do their Heavenly Father.

Romney the Latest General in GOP War on Women

Tue, 07 Aug 2012 16:50:00 -0400

Listen, I know it’s just politics, but I can’t help but become sickened and furious: Mitt Romney, of all people, making a stink about “welfare queens.”

First of all, as much as he wants to channel Ronald Reagan, it ain’t happening. This isn’t 1980, and he doesn’t have the charisma; further, that was Reagan at his petty, demagogic worst.

But beyond that, Romney is a supposedly pious man worth hundreds of millions of dollars who is outraged that there are desperately poor women in America who need a helping hand. Does he not see how gross that is? Worse, he’s a man who believes in rigging the tax code to benefit families like his who are already fantastically wealthy, draining the U.S. Treasury in the process. But it’s not okay to take far, far less from the treasury to help the least among us? What kind of church elder thinks this way? What kind of human being does?

Finally, and not for nothing, these so-called “welfare queens” are by and large women who didn’t get abortions, women who actually had the babies the Republican party platform insists must be born at all costs. At all costs, that is, except the relative pittance we spend on assistance programs for the poor. So basically, the GOP believes their precious “limited government” should be able to invade your freedom and your privacy to mandate that you carry a baby to term if you’re pregnant, but that it’s absolutely out-of-bounds and worthy of outrage for that same government to then assist you if you choose life. Helping these moms is so terrible, in fact, that it must be elevated to the level of a national presidential campaign. Ask yourself what Romney isn’t talking about in favor of this pressing issue.

I believe you can judge a man, and assess his agenda, based on who he chooses to demonize and who he lays off. Is Mitt Romney taking on tax cheats (hardly), Wall Street con artists, irresponsible lenders? Is he angry at any of the bad actors who almost sent us headlong into an Even Greater Depression? Not a peep. No, to Romney’s mind, it’s these scheming, evil “welfare moms” scrounging to feed their dirty urchins on the backs of the rest of us who are really wrecking the country.

He probably doesn’t even mean it. He likely just sees a political opportunity; a way to play to pernicious stereotypes about minorities and the poor to paint his opponent as being pro-laziness and anti-hard work. It’s clear from Obama’s life story that nothing could be further from the truth, but Romney is dealing with a GOP base that has literally come out against critical thinking, so that shouldn’t matter much. More important for Mitt, it plays instead into a broader narrative about Democrats in general that many in the middle are unfortunately quick to subscribe to. Let’s hope the center, too, hasn’t abandoned critical thinking and sees Romney’s craven attacks for what they are:

Vile. Disgusting. Shameful. Cynical. Antithetical to his stated religious values. And not a little insane.

You're Damned Right My Mom Is Entitled

Thu, 26 Jul 2012 17:48:57 -0400

My parents worked hard all their lives–-my mom as a schoolteacher and my dad as a probation officer. They were productive members of society, they played by the rules, and paid their fair share of taxes—no loopholes, no offshore shelters.

In the past few years, my mom has had numerous major surgeries and has had some of the best medical care in the world. It has been paid for almost entirely by Medicare and we’ve never seen a bill.

My parents were not freeloaders. They paid into this system all of their adult lives and now my mom is reaping the benefits. That is exactly how it should be. Anyone who would criticize the existence of programs like Medicare to take care of our seniors has completely lost their humanity. Without Medicare, my mom wouldn’t be alive. Despite the fact that she spent her whole life educating children on society’s behalf and paying every dime that was asked of her, in her retirement she never would’ve been able to afford life-saving surgeries or medicines. Thank God for Medicare, yes, but she earned it, goddamnit. This is not a gift from society. This is not charity. This is fucking hers. And fuck you if you would take it away from her.

So when I hear overly-privileged, wealthy-beyond-imagining politicians who twist themselves into pretzels to deprive the U.S. Treasury of revenues talk about an “entitlement crisis,” it rightly infuriates me. We don’t have an entitlement crisis, we have a morality crisis. And they are moral slugs, these low-lifes, and they live in dark places, surviving only by covering themselves in protective slime.

My mom is, as I write this, being weaned off a breathing tube. I can’t wait for her to regain her voice. She’s 76 years old, and her body may be breaking down, but her voice is a strong one. And thanks in large part to a Medicare system that her taxes (and mine, and yours) have supported, it will continue to be for the foreseeable future.

Her name is Lois Carl, and I testify here on her behalf. She deserves every last dime that’s being spent on her. She is more important than war. She is more important than a tax cut. She is more important than debt.

A world without women like my mother? That’s the only deficit I worry about.

The Umpire Throws A Curve

Thu, 28 Jun 2012 23:32:00 -0400

I find it thoroughly entertaining—and equally maddening—to listen to conservatives freaking out about John Roberts in the wake of SCOTUS’ 5-4 ruling affirming the constitutionality of Obamacare.

The American right despises Roberts today for actually being the very thing they claim they want all judges to be: an impartial arbiter, not an activist, who followed the law where it took him, and who didn’t allow his personal political beliefs to guide his decision; above all, a judge who practiced “judicial restraint.” Roberts was, at long last, the embodiment of the conservative jurisprudent ideal, and they loathe him for it. There is no greater irony.

Conservatives tacitly admitted today, through their whining, temper tantrums, over-heated rhetoric, and foot-stamping pique, that what they really want, have always wanted, is a rubber stamp conservative activist—one who always rules for their side no matter what. Does the right truly believe that an impartial judge, simply calling balls-and-strikes (to borrow Roberts’ own terrible analogy), will always find for them? Do they honestly think that liberals only throw balls and conservatives only throw strikes and they should forever go undefeated? That no progressive law could ever pass constitutional muster? Some might, but they’re the crazies. Others, especially the professionals, know better—but intellectual honesty and consistency has never been the hallmark of conservative politics.

Roberts today was the Roberts he promised to be in his confirmation hearings: a non-activist who called it as he saw it and who gave Congress wide deference. Yet judging by his own party’s breathless criticism, you would think he was the reincarnation of Thurgood Marshall.

Roberts’ majority opinion was a thoroughly sound one. He made it clear that he was not endorsing the law, or claiming the policy to be good. In fact, it might stink to high heaven. But elections have consequences, and if you don’t like the law, throw the bums out who enacted it; it is up to the People, not the Court, to invalidate the law. The Court could only intervene if the Act, or part, were unconstitutional. The law in this case, specifically the mandate at its core, said the head of the officiating crew, caught the outside corner of the constitutional strike zone. It was a contested call, to be sure, and it needed instant replay, but the umpiring crew got together and they got this one right.

Just once I’d like to hear right wing pundits and politicians say something akin to, “Yep—it was the right call. It’s a terrible law, and I hope it gets gutted someday, but it was well within the right of Congress to pass it, and the President to sign it, and the Court properly executed its responsibilities. Now let’s go punish the bastards who shoved this awful legislation down our throats!” I wouldn’t agree with the sentiment, but I would agree with the tactics. Because at least there would be some ideological consistency and blatant hypocrisy wouldn’t rule the day.

It’s entirely fair to pick a side and then cheer relentlessly for your team. And it’s okay to be upset, even miserable, when you lose. But even Yankees fans sometimes acknowledge when they’re beaten by Red Sox pitching. Yes, even when their star slugger is frozen by a nasty curve ball and it’s a pitch that ends the game. Yes, even when they’re in scoring position and that umpire’s call causes them to lose a heartbreaker, by a final score of 5-4.

Who Loves Ya, Baby?

Sun, 24 Jun 2012 14:30:00 -0400

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance” — Title IX of the Education Amendments Act of 1972

Title IX turned 40 yesterday.

In 1972, Democratic majorities in the House and Senate passed Title IX—first proposed by Senator Birch Bayh of Indiana—which leveled the educational playing field and which has allowed countless young American women access to a quality education and, perhaps most famously, to collegiate sports programs. And while Richard Nixon, a Republican, signed the amendment into law, he made no mention of the fact at his signing that he was expanding women’s rights, focusing instead on other aspects of the Education Amendments Act of which he was not embarrassed.

In 1984, the U.S. Supreme Court, under arch-conservative Chief Justice William Rehnquist, ruled in favor of watering down Title IX, effectively making it toothless (Grove City v. Bell). In fairness, the ruling was unanimous, with a couple of concurring opinions.

In 1988, though, the 100th Congress—again with Democratic majorities—passed the Civil Rights Restoration Act, which restored Title IX to its full force and effect. Ronald Reagan, noted conservative, vetoed the bill. Congress overrode Reagan’s veto and women’s collegiate sports to this day has 2/3 of that Democratic-led Congress to thank for it. According to a piece in the Philadelphia Inquirer, in the calendar year 2009-2010, a whopping 48% of the athletic scholarship dollars spent by Division I schools, went to women. In ‘72, such scholarships were virtually non-existent. The same piece states that according to many women, “The most dramatic impact of Title IX… is on how young women see themselves, accept their body types, and develop confidence that extends beyond athletics.”

Title IX has had a massive impact on education, ultimately benefitting everyone one of us, regardless of sex. Yet had there been Republican majorities in 1972, or even just a Republican House as there is now, Title IX would never have existed in the first place. Motivated Democrats brought us one of the most popular civil rights laws in our history, fixed it when the Supreme Court exposed flaws, and overrode a Republican president’s veto to make sure that sex discrimination in American education would not stand.

To sum up: The Republican War on Women isn’t new, just in case anyone needed a quick refresher course in which party fights tirelessly for the rights of women and uses civil rights legislation to make our country stronger, and which party fights against those rights tooth-and-nail.

The Jury Is Dismissed, Ideally With Our Thanks

Tue, 05 Jul 2011 20:13:00 -0400

It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death. - Maimonides

The French philosopher René Descartes once set out to prove the existence of God. But in order to do so, to try and logically prove that God was real, he first decided he must completely abandon everything he ever believed. Starting as a tabula rasa - a complete blank slate - he would then only postulate that for which he could show proof. The first proposition he felt confident in adopting was Je pense donc je suis; later translated into Latin, it becamethe famous dictum cogito ergo sum - “I think therefore I am.” From that premise, he carefully went on to the next point, and the next, and so forth, until his dialectic, despite some gorgeous logic along the way, ultimately (in my opinion) fell apart. The key point, though, is that the whole thing began with first clearing his mind of any and all previously held notions, no matter how dear, and then attempting to apply rigorous logic in pursuit of his theory.

In our jury system - which, despite its flaws, is a terrific system and a model to the rest of the world - a defendant starts out with an absolute presumption of innocence. As jurors, we are charged, like Descartes before us, to believe absolutely nothing, to be blank slates, and from that point forward, to only believe that which is proved to us, carefully and methodically, with concrete evidence. In criminal cases, it is the job of the prosecution not just to show us a preponderance of evidence (that’s for civil trials) but to obliterate all reasonable doubt.

I admit that I did not watch the Casey Anthony trial particularly closely and only know what I saw on television and read in a handful of media accounts. But I can say with some certainty that, despite my personal suspicions about Ms. Anthony’s actions - and certainly about her lack of character - I am proud of the jury that acquitted her. If the prosecution did not meet its burden on the most serious charges, which twelve independent jurors quickly and resoundingly decided it did not, then a “not guilty” verdict was the only conclusion the jury could reasonably reach. It has been said countless times, by countless people, that “not guilty” is not the same as “innocent” and it bears repeating here. Ms. Anthony may very well have committed a most heinous crime, but the prosecution clearly could not prove it.

You would be hard pressed to put twelve random people in a room and get them to agree on Mayonnaise vs. Miracle Whip, whether Jar Jar Binks was a crime against movie-goers, or where the President of the United States was born. So when twelve jurors so quickly and resoundingly come to a decisive verdict, it is no small thing. Nobody I know - and I dare say nobody you know - would be eager to absolve a possible baby killer, especially one as distasteful as Ms. Anthony; after hearing all of the testimony and evidence, there must have been reasonable doubt as to the events surrounding Caylee’s death. If there was, then the jury absolutely did their Constitutional duty and ought to be commended. Judging by the reaction to the verdict in the public at large, one would think that the jury would’ve had at least one hold out, some surrogate for the Of Course She Did It Crowd, screaming ”Are you people freaking kidding me?!” and insisting on a conviction. But this was no hung jury. Eight of the jurors didn’t come out after two weeks of contentious deliberations wanting to strangle the other four.

Ten hours. Unanimity. Ask yourself why. It’s not because they all wanted to race home and watch Franklin & Bash.

It’s very easy to say dumb things like “People in Florida are crazy,” “The jury system is broken,” “These jurors don’t care about children,” “If you want to get away with murder, move to Florida,” and other such knee-jerk silliness, but the truth is that these twelve citizens likely overcame some persistent personal suspicions to do as the law says they must. As far as they and the law were concerned, Casey Anthony was 100% innocent, and they could only convict if the evidence showed no reasonable doubt whatsoever about her guilt; the evidence apparently did not. The acquittal, then, was entirely appropriate, actual guilt or innocence aside. This system may sometimes lead to verdicts that seem unfair or outrageous, but I’ll take it every time. The presumption of innocence combined with a prosecutorial burden is one of the precepts of our system of governance of which we ought to be most proud. Despite some pretty notable and notorious aberrations, it will protect far more innocent people than it will benefit those who are guilty. Far from showing that our jury system is broken, outcomes like this highlight its strength and nobility.

It was not long ago in our country’s history that juries did not take their impartiality seriously (and maybe some still don’t). Courts were corrupted and defendants were often railroaded and convicted on slim-to-no evidence. Many of these convictions were racially motivated and the cases either entirely circumstantial, based on questionable eye-witness testimony, or made up out of whole cloth. Indeed, prior to DNA testing, untold numbers of innocent people were not only convicted, but executed. Biases replaced evidence. ”Of course he did it” replaced evidence. Such convictions are a permanent stain on our nation. So whenever I see a jury taking its role as impartial arbiters of the available facts seriously, especially in the face of juicy circumstantial evidence, crushing media attention, and noisy public outcry, I metaphorically stand up and applaud.

As far as the Anthony case is concerned, I suspect there is plenty of blame to go around for its failure: investigators, prosecutors, various Anthonys. The jury, however, should escape public opprobrium; the jury did its 6th Amendment duty, nothing more, nothing less. They judged not on what they (and so many of us) may have suspected, but solely on what was presented to them.

Good for them. Good for all of us.

The Brilliant Idiocy of Barack Obama

Sat, 25 Jun 2011 04:39:00 -0400

I consider marriage equality to be the defining civil rights issue of my generation, so this may be a controversial position to take, but I for one am glad—maybe even thrilled—that Barack Obama did not let his secret support of gay marriage get in the way of becoming the 44th President of the United States.

Obama’s stated position on gay marriage, while complete and utter horse manure by any objective yardstick, has always been a cleverly nuanced one as far as political strategy is concerned. Like many other politicians, he publicly supports civil unions but not same sex marriage, all the while allowing, as he did in his book The Audacity of Hope, that

“It is my obligation, not only as an elected official in a pluralistic society but also as a Christian, to remain open to the possibility that my unwillingness to support gay marriage is misguided… and that in years hence I may be seen as someone who was on the wrong side of history.”

Well, duh. He was a professor of Constitutional law for crying out loud, of course he knows that he’s wrong and he has virtually admitted it. That quote has so many clues in it, it may as well be from the DaVinci Code. Regardless, that needle-threading position allowed him to become elected to the presidency. Liberals and progressives were going to vote for him no matter what; his clearly disingenuous position on marriage equality allowed him to hold on to some independents and voters of faith (yes, from both parties) who might otherwise have abandoned him—there would be no Rovian “wedge issue” this time around. Other than it being “the right thing to do”, there would have been very little political upside to him vocally supporting gay marriage prior to his election, when public opinion was not yet on our side. We might’ve worshiped the man for doing it, but been denied his presidency. We Democrats love our martyrs, but forget that. This election was too important. I’m deeply relieved that Obama had carefully staked out that lame and intellectually indefensible position.

Would John McCain have ended the ban on gays serving openly in the military? Would John McCain have dropped the federal government’s defense of The Defense of Marriage Act? Would John McCain have appointed Sonia Sotomayor or Elena Kagan to the Supreme Court? These are all major things Barack Obama has done in his three short years as President and they are huge steps forward on the march to real equality in this country. And all the while, he has cleverly allowed his views on gay marriage to shift with the times. He certainly can’t come right out now and say “I’ve changed my mind!”, he has to do it in a way which makes it seem organic. Currently, it’s “I think it should be left up to the states.” Brilliant. He beats the conservatives at their own federalist game. It’s a chess match and Obama sees the entire board. I wholeheartedly believe that if he wins a second term (and that’s no sure thing), we will see Barack Obama announce, at long last, that he was in fact, as he long suspected, on the wrong side of history. And if he’s a one term president who doesn’t have to run for anything else? Well, he’ll probably reveal it then too.

We can certainly make the claim, and we would not be wrong, that Obama’s position on gay marriage has been a morally cowardly one. Yes, even the likes of Dick Cheney and Cindy McCain and a host of other prominent conservative voices have come out for marriage equality. Hell, arguably our nation’s biggest advocate for the cause, Prop 8 attorney Theodore Olson, is one of the country’s most notable conservatives—he argued the victorious side in Bush v. Gore, for crying out loud. But Olson isn’t running for anything and neither is Cheney and neither is Cindy McCain. They can afford the courage of their convictions.

Senator Barack Obama’s full-throated support of gay marriage would not have made a whit of difference in the fight for equality. What matters to me are President Barack Obama’s actions, which have been decidedly pro-equality and pro gay rights. A POTUS who claims not to support same sex marriage while instructing his Attorney General to stop defending DOMA in court? Yeah, I’ll take that. I would much rather have a President who downplays his support of a cause I care about while steadily and stealthily doing everything he can to advance it, than one who talks a good game, but then does absolutely nothing to help. Barack Obama, in the vast majority of his words, and clearly in his deeds, has been doing all the right things for the LGBT community.

In fact, when Obama decided to drop the defense of DoMA, he made the critical claim that he believes the courts should apply “heightened scrutiny” to laws that classify people based on sexual orientation. This is hugely telling, as even the Supreme Court has yet to make that determination, even in its previous landmark gay rights cases. For a guy who supposedly is against gay marriage—and supposedly believes it ought to be left up to the states—Obama made an unequivocal legal claim that, if adopted by the courts, would lead inexorably to District Court Judge Vaughn Walker’s Prop 8 ruling being upheld by SCOTUS and, as a result, a federal mandate that all states must allow gay marriage. Why would an opponent of gay marriage—a Constitutional law expert no less—hold such a legal opinion? Well, one wouldn’t. Unless, of course, one weren’t an opponent at all.

Thanks to Obama’s presidency, when Perry v. Schwarzenegger finally reaches the Supreme Court, the right wing will not have a 7-2 majority, which they would have had McCain been allowed to fill the seats vacated by David Souter and John Paul Stevens. Had this been the case, Walker’s historic ruling overturning the loathsome Prop 8 would’ve been dead in the water; at present, it is very much alive, especially considering conservative swing vote Anthony Kennedy’s tendency in rulings past (see Lawrence v. Texas) to side with equality—no more so than when public opinion seems to be on its side as well. Well, the American public’s position on gay marriage has come a long way since 2008—and Barack Obama’s is “shifting” in much the same manner. Meanwhile, his actions have been decidedly ahead of the curve.

But, you know, if you’d rather have a guy in there who says all the right things but never gets a chance to actually affect any real change, then by all means, keep crying about his dishonest, idiotic stance. Me? I’ll take dishonest idiots like this any day who actually work to undermine their own stated positions.

With enemies like these, who needs friends?

Palin Poetry

Wed, 22 Jun 2011 14:06:00 -0400

In honor of Sarah Palin quitting her bus tour half way through, like she does most everything else, I composed this short limerick:

There once was a girl from Alasker

Who would dodge every question you’d ask her

For the ultimate trap

You could show her a map

And task her to find Madagascar

Don't Ask Don't Tell Don't Vote

Fri, 17 Dec 2010 17:23:00 -0500

Well, they did it. The goalposts have moved again.

After first claiming that Don’t Ask Don’t Tell repeal should wait for a Pentagon report (delivered), take a back seat to taxes (now passed) and objecting that it was part of a larger defense bill (it’s now a stand alone bill), the GOP is now threatening to kill the unrelated START treaty vote if Dems insist on holding the repeal vote - which they call “a strictly political vote” as if it has no real world consequences, no intrinsic value. Why such drastic measures to even prevent an up-or-down vote? Because they know if the vote happens, equality wins, with many in their own party (such as Susan Collins and Scott Brown) joining the cause.

GOP Senators: threatening national security and the fate of the world’s nuclear arsenal in order to, at all costs, prevent gays from having equal rights. If this doesn’t qualify as “strictly political”, I don’t know what does: trying to protect their members from having to take a potentially unpopular vote - and trying to halt the progress of civil rights - by holding national security hostage. These are bad people, these Bob Corkers and John Kyls. Truly the scum of the Earth. May they rot in the lowest possible Circle of Hell.

It is my fondest hope that Harry Reid and the majority leadership don’t bow to this act of parliamentary terrorism, this blackmail. I hope they hold the vote anyway, let equality prevail, and then let the GOP minority petulantly kill the START treaty in response. See how well that plays for them. Especially since they are doing exactly what they claim to despise about the Obama administration and Senate Democrats: they are shoving DADT down the throats of an American public that clearly wants it repealed.

Hate Prop 8? Voting For Brown Is Imperative

Wed, 13 Oct 2010 00:11:00 -0400

On this potentially landmark day, in which federal district court judge Virginia Phillips permanently enjoined the United States from enforcing Don’t Ask Don’t Tell, there was also another debate between California gubernatorial candidates Jerry Brown and Meg Whitman. Which got me to thinking:

If you’re a Californian for whom marriage equality is a defining issue, and you don’t get off your keester and vote for Jerry Brown in November, then deep shame on you.

Despite the fact that our attorney general was a named defendant in the landmark Prop 8 case Perry v. Schwarzenegger, he declined to defend the prop, conceded the fact that it was patently unconstitutional, and instead filed an amicus brief urging the court to invalidate it. And when the Prop 8 defendants appealed to the 9th Circuit, both Brown and Governor Schwarzenegger refused to join the appeal on behalf of the state. This refusal dealt a serious blow to the official opponents of gay marriage who might lack standing to pursue the appeal without the named defendants’ participation.

This was a courageous and righteous move by our former governor (and our current one) and it came with a substantial amount of blowback - and a failed lawsuit - from those who believe it was his duty as A.G. to defend the proposition no matter his personal beliefs on the subject.

One of those critics is Meg Whitman, who said in tonight’s debate that Brown “needs to defend that lawsuit.” So what do you think she’s going to do if she wins the election? And if our new attorney general is not Kamala Harris, but instead Steve Cooley, who has said he would mount a defense on behalf of the state?

Take them at their word. Whitman and Cooley will obviously move to do what Arnold and Jerry nobly refused to: fight marriage equality in court - just as morally repugnant as fighting against Oliver Brown in his famed battle with The Topeka Board of Education. They might do it under the guise of defending “the will of the people”, but that’s absurd on its face; no simply majority of voters can force a leader to openly and willfully violate the federal Constitution or discriminate against other Americans in violation of his or her own conscience. It should be a badge of honor to look those voters in square in the eye and say “no way”. Whitman and Cooley fail that moral and constitutional test, and they fail it miserably. Brown and Harris pass it with flying rainbow colors.

Voting for Jerry Brown, then, is not merely symbolic, not merely a way to reward him for taking the right position; the outcome of this election has very real consequences for the future of the Prop 8 appeal going forward. In this light, even not voting at all is a vote against equality.

Marriage equality is a defining political issue for me and I will accept nothing less than full, vocal, unequivocal support from any candidate in California who is seeking my vote and in a position to effect the trajectory and outcome of Perry v. Schwarzenegger.

In the races for governor and attorney general, the choice is clear. Meg Whitman and Steve Cooley, on the wrong side of history and the wrong side of the law, have announced their intention to put the full weight of the statehouse behind the defense of bigotry.

Jerry Brown and Kamala Harris, conversely, have bravely and unflinchingly stood with us on equality. And now we must enthusiastically stand with them.

PROP 8 STAY RULING COMING TOMORROW: SOME FOOD FOR THOUGHT

Thu, 12 Aug 2010 01:28:00 -0400

Tomorrow morning, Thursday, August 12th, Judge Vaughn Walker is going to rule on whether or not to lift the temporary “stay” he placed on his own ruling in Perry v. Schwarzenegger. If the stay gets lifted, any couple in California may get married, immediately, sexual orientation be damned, until the state is told otherwise. If he leaves the stay in place, gay and lesbian couples will likely have to wait until the case works its way to the Ninth Circuit and beyond.

By all rights, Walker ought to lift the stay, simply based on his own conclusions in the comprehensive Perry v. Schwarzenegger ruling. There are already 18,000 gay married couples in California (including my friends Gregg and Ken, at whose wedding I officiated), adding more is, in legal parlance, “no big woop”; potential administrative burden is scarcely a compelling reason to continue denying due process and equal protection to any Californians; and Prop 8’s supporters can not show any demonstrable harm to them or to the state were gay marriages to resume.

In light of Walker’s blistering ruling, lifting the stay is a relative no-brainer and would make a strong statement that the continuing harm inflicted by Prop 8 on gay couples is unacceptable and cannot be tolerated. And with both the Republican governor and the Democratic attorney general urging him to do just that, he certainly has political cover as well, not that he needs it. To keep the stay in place, however, would undermine the urgency and unequivocality of his own ruling.

That being said, here’s an interesting wrinkle: it is my understanding that Walker’s decision regarding the stay can itself be appealed. The named defendants in the case, Schwarzenegger and Brown among them, obviously won’t appeal it if he lifts the stay, as they were only titular defendants and publicly support the resumption of marriages. And the intervenors who actually do support Prop 8 may lack standing to appeal it. That point may be moot, however: even if Walker determines that the intervenors lack standing, the Ninth Circuit itself could step in and issue its own stay. Whether it would or not in the absence of a direct appeal remains to be seen.

Regardless, unless I am sorely mistaken, Walker’s decision on the stay tomorrow will take a path almost identical to that of the case in general. Let’s say an appeal of the stay decision, whichever way it goes, ends up at the Ninth Circuit. First a three judge panel will rule on it. That can then be appealed en banc to the full 11 member panel. Once the full court rules on the stay, the losing side can then appeal, if it so chooses, to the Supreme Court. The Supreme Court, however, is not in session until October. So the Ninth Circuit’s stay ruling would be put solely to the Justice in charge of the Ninth Circuit. That justice is… wait for it… swing vote Anthony Kennedy. You can’t make this stuff up.

So then the guessing game begins. If Walker lifts the stay, and the Ninth Circuit denies the appeal, does Kennedy, a conservative at heart, issue his own injunction until the whole of SCOTUS can hear Perry v. Schwarzenegger? Or does he simply show deference to whatever decision the Ninth Circuit makes, even if it means allowing gay marriages to continue in California pending oral arguments? And can anything be read into this still theoretical stay decision as to which way he’s leaning overall? There are tons of variables, depending on which court rules which way and it leads down some fascinating legal paths.

Let’s hope the first path begins with the at least temporary resumption of all marriages in California. We’ll find out tomorrow, between 9AM and 12PM P.S.T.

Prop 8 Ruling Coming Tomorrow

Wed, 04 Aug 2010 00:23:00 -0400

Tomorrow, August 4, 2010, a federal judge is going to hand down his ruling regarding the constitutionality of Prop 8, the measure which amended the California Constitution to specifically ban gays and lesbians from the government sanctioned civil institution of marriage. Judge Vaughn Walker’s ruling is likely to favor those of us who stand for equality. But the victory, though deeply sweet, will be short-lived, as the case will then be appealed to the Ninth Circuit Court of Appeals and, following that, to the Supreme Court. True victory, if it is to come, is still down the road a piece.

Expect foaming-at-the-mouth gay marriage opponents to blame this initial ruling on Walker’s homosexuality, even though he’s a George H.W. Bush appointee with a demonstrable history of fidelity to the law. (In fact, he was originally appointed to the bench by Ronald Reagan, but his nomination was scuttled with the help of Nancy Pelosi). Expect them to shriek about “activist judges” even though, in this case, the Constitution is clearly on the side of equal protection and they are the ones arguing for crusading judges, unhappy with where the law unemotionally leads. Expect them to decry liberals destroying America, even though the plaintiff’s lead attorney is conservative stalwart Ted Olson, George W. Bush’s former Solicitor General and the man who got Bush elected by arguing Bush v. Gore, the resolution of which trumped states’ rights and stopped the Florida recount.

Most of those who will be hollering the loudest paid little attention to the actual court case. It was a sorry affair if you’re opposed to gay marriage. The “defense” barely pretended to offer one. Indeed, at one point their lead attorney even told the judge, stunningly, “we don’t need to show evidence” to back up their scare tactic assertions.

Sadly, that’s probably true. I imagine their lawyer knew that no matter how lame a case he presented - and it was shockingly lame by any objective yardstick - it wouldn’t necessarily harm them at the end of the day. They are counting on the fact that the fix is in: that the conservatives on the Supreme Court, because they are such blatant activists, will find a way to rule for them anyway. Roberts, Scalia, Thomas, Alito… whomever writes the opinion will no doubt reach their wing’s pre-conceived conclusion regardless of the specifics of the original case. Olson could’ve been Clarence Darrow (and pretty much was), and defense counsel could’ve simply gotten up, farted and flipped the judge the bird, safe in the knowledge that those four Supremes would ultimately bail him out, jurisprudently speaking. If need be, he must know, the Justices will make an argument for him that he never even made himself. I say he must know this, because they’ve done it before - and he barely made an effort to conceal the weakness of his presentation.

In all likelihood, it will all come to down Justice Anthony Kennedy, who has shown some sympathy in the past to the civil rights concerns of the LGBT community. In fact, he is on record in several major opinions - some of which he has written for the majority - citing points of law which favor equality; points on which he will be hard-pressed to reverse himself. Perhaps that’s what Olson and his co-counsel David Boies were counting on when they decided to press this case. One can only hope. Because Kennedy’s conservative cohorts will argue that an amendment discriminating against gays and lesbians can pass rational-basis review as long as the state is pressing a legitimate interest in protecting traditional marriage. Never mind that Prop 8’s attorney choked when trying to make that exact claim; never mind that the “traditional marriage” canard was debunked, and thoroughly, by Olson and a panoply of historians and experts. The Unholy Four will reach that conclusion anyway, no matter the objective facts on our side and utter dearth of them on theirs. So if Sotomayor and Kagan rule as we expect them to, then the liberty of millions of law abiding, tax paying Americans who happen to be homosexual rests almost squarely in Kennedy’s hands. He has been spectacularly wrong many times. Let’s hope against hope that this time, as he did in Lawrence v. Texas, he gets it right.

In the meantime, let’s enjoy the brief victory tomorrow, if victory it be, and revel in the judge’s decision, especially if it’s scathing. Because after the farcical presentation the defense made as it desperately tried to justify enshrining discrimination in a State Constitution meant to prevent just such a scourge… well, let’s just say scathing is the least of what his decision ought to be.

Now you know what to get me for Christmas.

Thu, 22 Jul 2010 01:02:34 -0400

Now you know what to get me for Christmas.

Meg Whitman's Stunning Hindsight

Thu, 22 Jul 2010 00:41:00 -0400

So I was driving North on I-5 the other day, from Orange County to L.A., and I saw a pretty unobtrusive Meg Whitman billboard, in Spanish. Luckily for you, I took four years of that fine language in high school. The billboard’s exact words were - and of course I’m paraphrasing - “No on Prop 187 and no on Arizona’s law”.

Now that’s political courage: coming out against a 16 year old ballot measure that was long ago declared unconstitutional. She’s not pandering at all. I’m sure it’s just that she’s been seething about this injustice since 1994. And since it never went into effect, you can understand why she’s bringing it up now. Oh, you can’t? Hmm.

I understand Meg’s next plan is to capture the African-American vote with a billboard that touts her support of the 13th Amendment. It could say something like “Meg Whitman - No on slavery!”

Oh, and by the way, in case any of my conservative friends are reading this… unlike you, Meg Whitman is against 187 and against Arizona’s law. She just doesn’t like to brag about it in English.