Tag Archives: Constitution

Treason and the Embracing of Fascism

30 Jul

I have spent many weeks working on this particular article, as it has been eating at me and has been the cause of great consternation. While I typically do not reach out to 45’s base supporters, I am reaching out now, as I am exceedingly nonplussed. My observations are that continued support of 45 in the wake of his behavior in the last two years provides overwhelming evidence of a disturbing embracing of fascism and a complete lack of understanding of how a democracy operates, not to mention the overwhelming evidence of how racism unites a huge portion of the population in the United States.

In the past two years we have witnessed such sociopathic behavior from 45 and the entire GOP and what we have witnessed can’t be undone–it cannot be taken back. We now have to look at how do we repair the monumental damage done by this administration and all of you who colluded with this nefarious behavior. Here is just a minuscule list of the damaging and unacceptable behavior that is moving to deteriorate and dismantle our democracy: 45 endorsed and campaigned for Roy Moore who raped countless women and girls–how on earth do you move forward after that? How is that acceptable behavior? While campaigning, 45 mocked a reporter with disabilities–for me, I was certain this would have been the end of his campaign, but the American people sadly proved me wrong and said it was okay to mock people with disabilities. His base further disappointed me by saying it is acceptable for men to grab women by their genitals. I don’t know how any of you readers were raised, but I was raised with respect for human decency and all of 45’s behavior and the collusion and support by the entire GOP fly in the face of human decency.

Another breaking point was the separating of children from their families and placing children in cages in camps. When we learned that one particular child with Down syndrome was separated from his family, FOX correspondent Corey Lewandowski mocked the child and family with his pathetic “womp, womp.” Honestly, how does one bounce back from this behavior? Have you no decency Mr. Lewandowski? Have you no empathy? I grow fearful and exhausted by 45’s base who shout: “if you break the law, you get separated from your family.” Sadly, you all don’t seem to understand how the law works and how applying for asylum works, or what due process means. One has to be on American soil to fill out the paper work to apply for asylum and should not be separated from one’s family and then is entitled to due process.

Now let us talk about treason.  While 45 works to alienate our allies and insults Prime Minister Justin Trudeau, demonstrates unbelievably boorish behavior to the Queen of England, and then praises oppressive dictators like Kim Jung Un seems like a dystopian piece of fiction, but sadly it is our reality. His private meeting with Puppet Master Vlad Putin is more than just problematic, it is in fact treason. 45 said: “It is U.S. foolishness and stupidity and the Mueller probe that is responsible for the decline in US relations with Russia,” all of this in the face of the evidence that Russia was involved in disrupting our democratic process. Then to make matters worse, 45 has now invited the Puppet Master to come to DC for another private meeting. Why are we not collectively freaking out over this? Why have charges of treason not been filed?

Moving on to more examples of behavior that you can’t take back–behavior that painfully demonstrates that 45 and the entire GOP display the very worst of humanity. 45 and his administration are currently trying to purge all current soldiers who are impacted by HIV.  Even more disgusting is that 45 is diverting Ryan White funds that are designated to help those impacted by HIV to separate children from families. The very unstable 45 has now also threatened Iran with war.  Is this who we are as a nation? The sad answer is YES–this is who we have devolved to as a nation. It is not a small wonder that we have lost any respect from our allies around the globe.

In my 51 years of living, never did I imagine I would witness the nation embracing Fascism, but alas here we are. Fascism is the embracing and subscription to an authoritarian government that does not allow for opposing views; it vilifies the free press and demonizes opposing voices as “enemies of the state.” There is a strong push towards nationalism and great disdain for economic equality, rampant misogyny, and disdain for the arts and intellectuals — disdain for human rights. All decision making is from a unilateral voice without a system of check and balances, and fraudulent elections.

Call to action: I worry that those of you who remain in 45’s seemingly implacable base, your legacy is one of hate, racism, homophobia, misogyny, and fear. Please prove me wrong. I implore all of us to reflect and show ourselves and the world we are better than this. I want America to weep no more. For all of us in the Resistance, please practice self-care. For me, I am watching Netflix and Kim’s Convenience.

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Hero of the Week Award: Sen. Chris Murphy

17 Jun

Chris MurphyThis has been an extraordinarily painful week for the LGBTQ community, in the wake of last Sunday’s massacre. If it is possible for something good to come from all of this hate, homophobia, and fear, I hope part of the healing will come from gun control reform.

Kudos to Sen. Chris Murphy (D-Conn), for leading the filibuster on the senate floor to expand gun control policies with two specific measures. Yes, this is the very least the senate can do in response to the massacre in Orlando. As a side note, I need to point out that this is also very tied into race, gender, homophobia, and misogyny. The Pulse was — and will be again — a safe space for LGBTQ people, mostly queer people of color. The United States seems to feel it is acceptable to regulate women’s bodies, why can we not regulate guns? Finally the NRA’s bedfellow, Mitch McConnell, has acquiesced and agreed to hold votes for the proposed amendment.

It grows ever wearisome to hear the call for prayers every time we have people murdered by guns. We do not need the prayers, we need gun control! Sadly, I have to offer a dishonorable mention to Florida Governor, Rick Scott, a.k.a Lord Voldemort. When reporters asked Scott if there was anything that could be done on a policy level to prevent future shootings like this, Scott (who has put forth enormous energy to relax gun control laws (there is no waiting period currently to buy the AR-15) replied: “We can pray for the victims, pray for the families and pray this never happens again.” How’s that working so far?

There are at least 27 reported gun deaths EVERY DAY in the United States. The AR-15 was used in the following massacres: Orlando, Florida–49 killed, 53 wounded; Aurora, Colorado, 12 killed, 70 wounded; Sandy Hook, Connecticut, 26 killed; Santa Monica, California, 5 killed, 4 wounded; Roseburg, Oregon, 9 killed; San Bernadino, California, 14 killed, 22 wounded. Maybe its just me, but prayers don’t seem to be doing much to change things. Maybe we need action, such as adopting expansive gun control measures? Want that to happen? Get out and vote!

In addition to Murphy, I want to acknowledge and give an honorable mention to the following Democratic Senators for finally creating significant resistance against the NRA and pushing for greater gun control policies: Richard Blumenthal, and Cory Booker (NJ),  Dick Durbin (IL), Bill Nelson (FL), Chuck Schumer (NY), Joe Manchin (WV), Ben Cardin (MD), Ed Markey (MA), Patrick Leahy (VT), Al Franken (MN), Patty Murray (WA), Gary Peters (MI), Bob Casey (PA), Ron Wyden (OR), Elizabeth Warren (MA), Jeff Merkley (OR), Bob Menendez (NJ), Jeanne Shaheen (NH), Kirsten Gillibrand (NY), Claire McCaskill (MO), Mark Warner (VA), Amy Klobuchar (MN), Barbara Mikulski (MD), Sherrod Brown (OH), and counting. Yes, I’m very glad to see that both of Oregon’s senators were on this list!

The constitution is a living document and the flaws of the second amendment seem glaringly obvious. Given that no women and no people of color had any representation or voice in drafting the original document, it would stand to reason that this document needs further tweaking to represent more voices.

If you do not see your senator on this list, please contact them and let your voice be heard. I wish everyone a Happy Pride Month and let us not give into fear but share our love and solidarity!

Carolina In My Mind…

8 Apr
NC Minds

…or out of theirs?

First, I need to thank my friend Hal for inspiring me to write this story.  When I think of North Carolina, I usually think of James Taylor singing: “In my mind I’m goin to Carolina, Can’t you see the sunshine, Can’t you just feel the moonshine ,  Ain’t it just like a friend of mine,”  how sad that is about the only way I can visit North Carolina right now is in my mind.  I fear the Teahaddists have taken over, and the tea they have brewed looks like the Kool Aid the KKK have been drinking all these years.

It would appear that the North Carolina GOP either cannot read, or has never bothered to read the actual Constitution of the United States.  Just last week, 14 House Republicans in North Carolina “signed onto a resolution that calls for creating an official state religion, declares that people in North Carolina are not subject to decisions of the U.S. Supreme Court and proclaims that the state can decide on its own  what is constitutional and what is not.”  Oh my!  We need to get some Haldol for these fellows, because they got some serious crazy going on right now. But wait, the crazy does not stop here.  During the last session, Rep. Glen Bradley introduced a bill that would have established a separate currency for the state of North Carolina.

This story would have no traction, save that these are not lone voices.  House Majority Leader, Edgar Starnes, is wielding his power here with fellow Republicans to establish a state religion.  Wait! It gets worse:

Lawmakers approved Governor Pat McCrory’s appointment of a man to the State Board of Education who not only favors voucher schemes but doesn’t seem to think that gay and lesbian students deserve protection from bullying.

McCrory himself held a press conference to announce he was turning over the state Medicaid program that takes care of the most vulnerable people in the state to the profiteers on Wall Street.

Yes, sadly North Carolina is waving its big bigoted banner of hate, sending us all the message that this is not a state safe for LGBT folk, African Americans, the poor, women, or anyone who is not a wealthy white heterosexual man.  My husband and I may have to start an underground railroad to rescue our friends that live there.  Let us hope that soon, people will fight back and stop this type of institutional discrimination/racism/homophobia. Send these GOP Bigots packing.

Bigot of the Week Award: March 29, Paul Clement and Charles Cooper

29 Mar
Bigots of the Week

Bigots of the Week

As the country focused its attention on the Supreme Court and its two hearings on marriage equality this week, two men stood before the Court and easily walked away with Bigot of the Week Award. Attorneys Paul Clement and Charles Cooper go down in legal history for trying to argue that justice is served through discrimination, bigotry, and denying basic rights to a whole group of citizens–what a legacy to leave.

On a constitutional level, the cases are simple and clear. The Proposition 8 case, argued by Cooper, is an attempt to defend California’s notorious measure banning marriage equality for LGBT citizens. The DOMA case, argued by Clement on behalf of the Republicans in the U.S. House, tries to defend blocking over 1100 rights and privileges to already married citizens just because they are same-sex couples. Both cases are based on bigotry and nothing more. How tragic that these two straight white men could stand up and defend this blatant discrimination without shame.  Of course, I always wonder about people how are so focused on gay folk and consume so much energy on LGBT issues–what a very large closet to accommodate these people.

We won’t know for a couple of months exactly how the justices will rule on these cases. What we do know is that the arguments used by Clement and Cooper were old, tired, and transparently vile. Even the justices who seemed reluctant to move toward full national equality were skeptical of the shallow canards put forth by these hypocritical bigots. They used procreation, history, and (believe it or not) a level playing field as arguments to prop up their sad hate. What they could not do, when pressed, is say why any of their arguments served a state interest or showed why discrimination was merited.

One way or another, with or without the Court, the tide is turning. Public opinion is solidly on the side of equality, shifting over 20 points in just a decade. Over 80% of people under 30 support equality. These tired old white guys can trot out their hate all they like. All they’ll win in the long run is this week’s BWA, which they richly deserve.

Finally, I’m also exceedingly tired of hearing the phrase, “Gay Marriage!”  Might I please encourage folks to use Marriage Equality.  I don’t have a “Gay Marriage,” just as I don’t leave my job and get in my Gay car and go to my Gay house and then fix my Gay dinner.  I just have a marriage–you know, when two people love each other and decide to grow old with each other.

Dishonorable mention comes thanks to my friend Jennifer Carey. Rep. Don Young (R – AK) was waxing nostalgic about agriculture when he uttered the following gem:

My father used to own a ranch. We used to hire 50 to 60 wetbacks to pick tomatoes, you know. It takes two people to pick the same tomatoes now. It’s all done by machine.

All I can say to this horrible bigot is that he’s lucky Clement and Cooper were around to steal his award…

Hero of the Week Award: February 15, Rep. Rick Nolan of Minnesota

15 Feb
Hero of the Week

Hero of the Week

This week a newly elected member of the 113th Congress took a stand against Citizens United — one of the worst decisions to come from a very biased U.S. Supreme Court — and put forward an amendment to the U.S. Constitution. Rep. Rick Nolan (D – MN) is one of the Democrats who unseated a rabid Tea Party Republican in the November elections. He was in Congress before (1975 – 81), so he brings both experience and fresh eyes to the House.

Working with Rep. Mark Pocan (D – WI), Nolan crafted what he calls a “We the People” Amendment. It would clarify the Constitution by establishing two things.

  • Rights recognized under the Constitution belong to human beings only, and not to government-created artificial legal entities such as corporations and limited liability companies; and
  • Political campaign spending is not a form of speech protected under the First Amendment.

What? You mean corporations are not human beings?  Scalia and his merry band will be sad to learn this. The full text is available at the Move to Amend website.

It is significant to note that during his time away from Congress Rep. Nolan served as president of the U.S. Export Corporation and the Minnesota World Trade Center. He is not anti-corporation but understands their limited and appropriate role. How wonderful to see him bring that experience to bear for the benefit of all.

A Constitutional amendment is a tall order and will take time and effort. It may even be a non-starter in Boehner’s House of Tears. Congress has the power to amend, however, to check the decisions of the Supreme Court. Thanks to Reps. Nolan and Pocan, however, the momentum has started.

Celebrating Thurgood Marshall

30 Aug

On this date in 1967, civil rights attorney Thurgood Marshall became the first African American appointed to the Supreme Court. In his 24 years on the Court, he was a stalwart defender of the oppressed, a strong voice for social justice, and a strong voice for the evolutionary model of Constitutional law clearly intended at the founding of our country. He wisely observed in a U.S. Bicentennial speech:

the government they devised was defective from the start, requiring several amendments, a civil war, and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights we hold as fundamental today.

Born in 1908 in Baltimore, Marshall was the son of a railroad porter and a teacher and the grandson of slaves. His parents instilled in him a deep appreciation of American citizenship and the rule of law in a just society. He graduated from Lincoln University, where he was a member of the first black fraternity, Alpha Phi Alpha. He intended to go to law school at his hometown University of Maryland, but was turned away because of their strict segregation policy. He instead went to Howard University School of Law, graduating first in his class in 1933. Three years later, he represented Donald Gaines Murray in a case that forced Maryland to eliminate the policy that had kept him from its law school.

Marshall undertook that case as part of his work with the NAACP. He quickly rose to become their Chief Counsel. At the age of 32, he won his first case before the U.S. Supreme Court, Chambers v. Florida, a due process case involving undue police pressure on four African American men. He went on to argue 32 cases before the Court, more than anyone else, winning a stunning 29 of those cases. The most famous of those, building on his success in Maryland, was Brown v. Board of Education. In 1961, President Kennedy appointed him to the U.S. Court of Appeals for the Second Circuit, resorting to a recess appointment when a group of southern senators held up his confirmation. After four years on that bench, he was tapped by President Johnson to become the first African American U.S. Solicitor General. During his time in that role, he won an enviable 14 of the 19 cases he defended.

Strong-willed and successful, Marshall recognized that the American dream is not accomplished solely by personal determination.

None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.

He also knew how much minority oppression worked against too many Americans, saying

A child born to a Black mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.

With the famous observation that it was “the right thing to do, the right time to do it, the right man and the right place,” LBJ put Marshall forward for the Supreme Court when Justice Tom C. Clark retired. He served on the Court for the next twenty-four years, compiling a liberal record that included strong support for Constitutional protection of individual rights, especially the rights of criminal suspects against the government. He was a staunch opponent of the death penalty, believing it a violation of the Constitution. He participated in every dissent of death penalty cases during his time on the Court.

Justice Marshall also understood that equal rights apply to all, extending his work for racial equality to other oppressed communities. He joined in a spirited dissent of Bowers v. Hardwick, the 1986 decision that infamously upheld Georgia’s anti-gay application of its ludicrous sodomy laws. He also wrote influential opinions on labor rights, securities law, and taxation. He famously wrote a dissent in Personnel Administrator MA v. Feeney, saying that a law that gave hiring preference to veterans over non-veterans was unconstitutional because of its inequitable impact on women (Yes, standing up for equality for women was okay back then). A constant defender of individual freedom, he famously observed:

If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.

Marshall also supported a women’s right to govern her own body and helped with the passage of Roe v. Wade. He was a stalwart defender of women’s rights and the right to choose.

In poor health, he retired from the bench in 1991, noting his dissatisfaction that his successor would be selected by George H.W. Bush. Those fears were sound. In a display of wanton tokenism, Bush appointed the integrity-impaired far right demagogue Clarence Thomas. That substitution heralded the beginning of the Court’s descent from defenders of individual rights and the rule of law to the Roberts’ Court’s flagrant obsequiousness to corporate power and individual greed. The Fecal Five on today’s Court would do well to listen to Marshall’s words:

Our whole constitutional heritage rebels at the thought of giving government the power to control men’s minds.

Fortunately, Marshall’s legacy lives on, with many of his opinions holding the force of law even today. His true successor on the bench was appointed by the first African American President when President Obama appointed former Marshall law clerk Elena Kagan to the Supreme Court. Marshall died of heart failure in 1993. His papers were given to the Library of Congress and — unusually but according to Marshall’s wishes — made open to scholars and researchers immediately. Many tributes and memorials to Marshall exist around the country but none are so strong as the legacy of the law he believed in, defended, and helped to shape for the betterment of all Americans.

Hero of the Week: August 3, DNC Platform Drafting Committee

3 Aug

Hero of the Week

This week the Democratic party took a major step toward endorsing full marriage equality. The Platform Drafting Committee is responsible for crafting the planks of the party’s platform for the convention in September. They met last week to debate which things to add or change in the platform. The 15-member committee voted unanimously to include marriage equality for LGBT American’s in the party platform. It’s been a long time coming. The draft platform will go to the full platform committee next week for approval and finalization for adoption at the conference.

Openly gay Rep. Barney Frank (D, MA) serves on the committee and made the announcement on Monday. While the exact language is not yet available, reports indicate that the plank not only supports marriage equality but specifically calls for repealing DOMA and adds support for a fully inclusive Employment Non-Discrimination Act (ENDA). This would be the first time either major party weighed in positively on any of these issues–nice to see a party actually moving toward civil rights!

Blunt as always, the recently married Frank later expressed his surprise that the announcement got so much attention.

I was surprised that this got the attention that it did, because in this instance, it is not even a promise or a prediction of what the Democrats will do. It is an after-the-fact statement of what we have already done. President Obama has already stated his support for marriage equality for lesbian, gay, bisexual and transgender people. […] Equally important (as an exercise of presidential authority) is the president’s refusal to defend DOMA in court because it is so blatantly unconstitutional, as well as his articulation that any government action discriminating against LGBT Americans must meet a higher standard than the simple “rational basis” test. […] Governor Romney, of course, opposes the president on every one of these points.

While it’s true that the President and the party have made great strides in recent years, codifying these principles into the platform is more than symbolic. It signals a great step forward for LGBT-inclusive equality, and sends the message that we are not subhuman.  We are full citizens entitled to the exact same rights as our heterosexual brothers and sisters.

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