Tag Archives: civil rights

In Force

Once again my home state of Texas has proven that it’s run by a pack of extremist right-wing morons.  In the latest attack on individual rights from the gang that claims to cherish personal freedom, State Attorney General Ken Paxton has demanded that a woman named Kate Cox must go through with her current pregnancy – a pregnancy her own doctor has already said could be detrimental to her health.  The fetus already has a confirmed disorder, and proceeding with the pregnancy could render Cox infertile.  More frightening, though, is that it could kill her.  She’s been to a local emergency room more than once over the past several weeks.  Now she’s left the state to have the abortion her doctor recommended.  Her whereabouts remain unknown – and for good reason.

When they first established these medieval abortion laws over a year ago, the self-righteous Paxton and Texas Governor Greg Abbott declared they would prosecute both any woman who had an abortion that didn’t meet their limited approval guidelines and anyone who aided in the procedure.  That means anyone who so much as gave a ride to a woman to an abortion clinic or funded the procedure could be fined imprisoned.  Yes!  I’m not making up this shit!  Someone please remind me what century we’re in right now.

Cox was so desperate she filed an appeal to the Texas State Supreme Court.  But, of course, that all-Republican body denied her request.  Once again, the woman’s life was in danger.  Her doctor said as much!  But these sanctimonious politicians have announced clearly they think they know better.  They fully believe their comprehension of the law transfers to the medical arena.

I honestly feel they’re suffering from perception delusion – a genuine psychological disorder in which an individual believes their perception of the world around them is real and authentic; that they – and only they – understand what’s going on and everyone else is unaware of the truth.  It’s akin to schizophrenia.

Let me put it in the more common vernacular: they’re fucked up.

It’s absolutely appalling these people think they know better about someone’s health and medical condition than that individual’s physician.  Many medical practitioners are already leaving the state of Texas because of the abortion issue.  Not just abortion providers!  Many obstetricians and gynecologists, as well as those in other disciplines, don’t want to take the chance their medical expertise will be questioned and vilified.

Quite frankly, if I had the money, I would have funded both Cox’s voyage out of Texas and her procedure.  I would have even funded her legal defense should the state come after her, as if she was a drug trafficker – which I’m sure they will!

In the 1960s, a group of women calling themselves the “The Jane Collective” established an underground network of abortion providers in the U.S.  Operating much like the “Underground Railroad” of the 19th century, the “Janes” worked with known abortionists throughout the nation to help women in the midst of distressed pregnancies.  In the spring of 1969, I was 5 years old, and my parents introduced me to a young woman named Carla*.  I remember her as a petite, strawberry blonde who told me, at one point, that – if she ever had a little boy – she hoped he’d be like me.  She stayed with us for a couple of days before she inexplicable (to me) disappeared.  We lived in a two-bedroom apartment above a garage behind a house owned by my father’s older sister and her husband.  It was where I grew up, until we moved to suburban Dallas at the end of 1972.  I was about 12 or 13 when I remembered Carla and asked my mother about her.  Who was she and why was she there?  My mother – who never held back the truth – told me everything.  Carla was about 18 and she was pregnant – and she didn’t want her parents to know.  One of my mother’s female colleagues was part of the “Jane” group, and my very progressive mother – a woman who once slapped a Roman Catholic nun who had slapped her younger brother and told a priest she would NOT have a bunch of children per the Church’s directive – agreed to help.  She had to talk my father into it.  Carla stayed with us for a couple of days before she was spirited away.  We never saw her again and never knew what became of her.

Around the turn of the century, when I was in my 30s, I was having lunch with my parents one Sunday afternoon, when the subject of abortion arose.  I brought up Carla again.  This time my father was in the room and substantiated my mother’s recounting of the events that spring so long ago.  They both wondered what had happened to Carla, and so did I.  I can only hope she was able to get her life in order and go on to have the family she might have wanted.

No one has the right to dictate what someone does with their own body and health.  That’s why I’m so opposed to male circumcision, for example, which is a similar issue.  Everyone has the right to the dignity of determining their own fate in life.  Neither politics nor religion should ever interfere with that.

*Name changed.

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Shifted

The U.S. Supreme Court ended its first term of 2023 last month with some stunning decisions – stunning, but not surprising.  A year ago the Court finished with its shocking reversal of the 1973 landmark Roe v. Wade, which had legalized abortion in the United States.  Ending abortion in this country had been a long-standing goal of social and religious conservatives and they finally accomplished that mission.  But this time the Court went further in their swing to the far right by ending affirmative action in college admissions and allowing religion to be used to discriminate.

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Court ruled that the admissions programs used by the University of North Carolina and Harvard College violate the Constitution’s equal protection clause (the 14th Amendment), which bars racial discrimination by government entities.  The 14th Amendment has been utilized to undermine entrenched discrimination for decades.  It has manifested its power in such SCOTUS decisions as Brown v. Board of Education of Topeka and Miranda v. Arizona.  Ironically, the Students for Fair Admissions ruling reversed a 20-year-old case, Grutter v. Bollinger, which declared race as a plausible factor in college admissions policies.  Have things really changed for the better in two decades?  All of this also reminds me of the Regents of the University of California v. Bakke, in which a White man, Allan Bakke, sued the University of California Medical School at Davis for refusing to admit him; the school had reserved 16 places in each entering class for qualified ethnic minorities.  Bakke had applied twice to the school and been denied twice, despite having a high GPA and test scores.  SCOTUS ruled that, while race was a qualifying factor in college admissions, the University of California policy at the time, indeed, violated the Constitution’s 14th Amendment.

I have to admit I support their affirmative action decision.  As noble a philosophy as it was, I feel affirmative action has run its course, and – as we march further into the 21st century – it’s time we truly become a color blind society.  Actually it’s way past time.  But, as with campaign promises and many business plans, things look great on paper.  Personally I don’t feel affirmative action has helped me.  It hasn’t hurt me, but it certainly hasn’t helped me.  I never asked for special rights or considerations.  But, like I told a friend years ago, while legislation may have forced the playing field to become level, are all the players on the field playing on the level?

It’s the Creative 303 decision, however, that concerns me the most.  Last year the Supreme Court made perhaps its most controversial decision in decades with the Dobbs ruling that effectively ended the constitutional right to an abortion.  But, in the 2022 Carson v. Makin ruling, the Court chipped even further away at that cherished separation between government and religion, when it declared the state of Maine had violated the constitution when it refused to make public funding available to students attending religious schools.  In general religious institutions don’t pay taxes; therefore, they’ve traditionally been unable to access tax money at either the state or federal level.  The reasoning was practical: anyone who receives government funding should follow certain rules and regulations.  People taking unemployment insurance, for example, have to conduct a minimum number of job searches weekly; otherwise, they can’t receive that money.

In the Creative 303 case, Colorado web site designer Lorie Smith had allegedly refused to design a site for someone planning a same-sex wedding; declaring that it was an affront to her religious beliefs and therefore, violated her First Amendment rights.  It’s similar to another case from Colorado, Masterpiece Cake Shop v. Colorado Civil Rights Commission, in which Jack C. Phillips, the owner of Masterpiece, refused to bake a wedding cake for a male couple on the grounds that it violated his religious beliefs; he simply didn’t believe in same-gender unions.  The couple, Charlie Craig and David Mullins, filed suit, claiming Phillips was in violation of Colorado’s Anti-Discrimination Act.  The Supreme Court ultimately ruled in Philips’ favor, decreeing that the Colorado statute violated “the State’s duty under the First Amendment not to use hostility toward religion or a religious viewpoint as a basis for laws or regulations.”

But no sooner had the Creative 303 ruling been made than news arose that Smith may have fabricated her initial claim.  The man who supposedly asked her to design a web site for a same-gender wedding states he never worked with her.  Smith, however, cited the man – identified only as “Stewart” – in 2017 court documents and included his phone number and email address.  But “Stewart” says he didn’t even know his name had been invoked in the original lawsuit until a report with “The New Republic” contacted him.

“I was incredibly surprised given the fact that I’ve been happily married to a woman for the last 15 years,” said Stewart, who declined to give his last name for fear of harassment and threats.  He noted that he’s a designer himself and could have created his own web site if necessary.

One of Smith’s lawyers, Kristen Waggoner, insisted Stewart’s name and other information had been submitted to her client’s web site and denied the entire claim had been fabricated.  But she suggested an internet troll had made the request to Smith; adding that’s it occurred with other clients.  Ironically, the aforementioned Jack C. Phillips was also Waggoner’s client.

Regardless, I have to wonder if this revelation doesn’t render the Creative 303 ruling invalid.  Even if an internet troll had made the initial application, Smith’s attorneys should have verified every detail of the case.  That’s what lawyers are supposed to do.

Getting a matter before the U.S. Supreme Court is no small feat; they don’t take on minor traffic infractions.  That’s why so many of their decisions are monumental and can reshape society.  And thus, it’s why people are rightfully concerned about the implications of the Creative 303 edict.  If religious ideology can be the basis for discrimination, who’s to say a business owner can’t refuse to service a prospective client under such a pretense?  Technically businesses have the right to refuse service to anyone, but that’s generally happened only under the most egregious of circumstances.  A bar or nightclub, for example, can refuse to admit someone who’s visibly intoxicated.  I’ve seen signs on doors declaring “no shirt, no shoes, no service”.

Years ago another friend told me I discriminate whenever I choose one food item over another.  “That’s not discrimination,” I told him, “that’s selection.”  But he was a conservative, so I guess I understood why he couldn’t make that distinction.

Still, I certainly hope many Black, Hispanic and queer conservatives are happy with their votes for George W. Bush and Donald Trump.  Despite not winning the popular vote in their respective elections, they were able to place five justices on the U.S. Supreme Court.  That has never happened before in the history of U.S. legal jurisprudence.  All five of those individuals have now set back decades of civil rights advancements.  A truly democratic society is supposed to protect all of its citizens from bigotry and oppression.  I fear we’re doing the opposite in the United States.

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Worst Quotes of the Week – July 23, 2022

“The way the Constitution set up for you to advance that position is to convince your fellow citizens, and if you succeeded in convincing your fellow citizens, then your state would change the laws to reflect those views.  In Obergefell, the court said, ‘No, we know better than you guys do, and now every state must, must sanction and permit gay marriage.’  I think that decision was clearly wrong when it was decided.  It was the court overreaching.”

Sen. Ted Cruz, on the 2015 Obergefell vs. Hodges Supreme Court decision that legalized same-sex marriage

He added, “Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history.  Marriage was always an issue that was left to the states.  We saw states before Obergefell, some states were moving to allow gay marriage; other states were moving to allow civil partnerships.  There were different standards that the states were adopting.”

“Without carbon dioxide, we die.  Carbon dioxide is not a pollutant.  The federal government doesn’t even have regulatory authority to regulate it.  It’s not a pollutant.  What is it? It is oxygen for plants.  In essence, plants use carbon dioxide to create oxygen for you and me.  Remember, we used to like the Amazon; we used to like trees; we used to like all those things.  Well, they suck up our carbon dioxide and push out oxygen.”

Mark Levin, offering his view of the environment, while criticizing President Joe Biden’s energy policies

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Next!

“First they came for the Communists
And I did not speak out
Because I was not a Communist

Then they came for the Socialists
And I did not speak out
Because I was not a Socialist

Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist

Then they came for the Jews
And I did not speak out
Because I was not a Jew

Then they came for me
And there was no one left
To speak out for me.”

Martin Niemöller

We’re still in shock here in the U.S.  In just a matter of weeks, the conservative majority on the U.S. Supreme Court undid decade’s worth of progressive social reforms.  The reversal of Roe vs. Wade last month garnered the most attention, but they didn’t stop with that.

In Vega vs. Tekoh, the High Court ruled that a violation of Miranda rights doesn’t provide a basis for civil damages.  The original Miranda vs. Arizona decision ensured people accused of criminal behavior have the right to legal counsel and to remain silent in the face of police interrogation.  Miranda was decided in line with the U.S. Constitution’s Fifth Amendment, which had already established certain guidelines for addressing criminal procedures.  The Vega ruling now ensures that law enforcement can act with impunity.  I suspect it’s a response to the vitriolic reactions to high-profile police killings over the past…well, several decades; the ‘Black Lives Matter’ protests and all that.  In Vega, the SCOTUS majority noted that, if the original Miranda court intended to create a constitutional right versus a prophylactic rule, it would have definitively declared that immediately upon deciding Miranda.  The 1966 Court knew how to use its words, the current Court essentially declared, and those words used were not “constitutional right.”  See how verbiage can be twisted so easily by academics?

In West Virginia vs. the U.S. Environmental Protection Agency, the Court undercut the latter’s efforts to regulate greenhouse gases.  SCOTUS agreed with Republican-led states and energy companies that the 1970 Clean Air Act gave the EPA too much power over carbon emissions.  The decision was also a strike back against the 2015 Clean Power Plan – an Obama-era policy that targeted adverse climate change.  To environmentalists, it wasn’t surprising that energy conglomerates were adamant in reversing the CPP, as well as the CAA.  But the West Virginia ruling falls in line with the belief of conservatives that climate change is a hoax.  That’s why energy companies overwhelmingly support Republican candidates.  I have to note West Virginia is a top coal producer.  It also ranks as one of the poorest states in the union.

In his statement regarding the Dobbs ruling, Justice Clarence Thomas suggested the Court should revisit other high-profile rulings, including Griswold vs. Connecticut, which declared the legal usage of contraceptives; Lawrence vs. Texas, which struck down anti-sodomy laws; and Obergefell vs. Hodges, which legalized same-sex marriage.  Curiously, he didn’t call for a review of Brown vs. Topeka Board of Education, which declared that racial segregation in schools was unconstitutional or Loving vs. Virginia, which legalized interracial marriage.  I guess this is because overturning these decisions would impact Thomas, a Negro married to a White chick.  It’s amazing how some people have no problems enacting laws that wouldn’t affect them personally.

In the 1983 film “The Star Chamber”, Michael Douglas portrays a relatively young judge who becomes engaged with a group of other jurists who find the legal system has gone awry in favor of criminals and decide to enact vigilante justice to right those perceived wrongs.  They hire assassins to kill certain criminals who have escaped incarceration.  The movie is replete with scenes where highly articulate lawyers help defendants get out of trouble.  In one early scene, Hal Holbrook’s character tells Douglas, “Someone has hidden justice inside the law.”  It’s an attempt to justify the group’s brutal actions.

That’s how I often view the legal system.  Charismatic lawyers prancing around even the most heinous of crimes with carefully-crafted verbiage; a kind of Tolkien-style language only they understand, but something the rest of us have to deal with toiling away in the trenches of reality.  I certainly don’t recommend assassination as a viable resolution to our nation’s political ills.  That’s where the treasured right of voting comes into play.  People need to take their voting rights seriously and understand the significance of not voting.  We’ve seen the fruits of voter apathy in my home state of Texas.  In recent years, the right to vote has come under fire from conservatives.  As with many other rights, this isn’t a surprise.  Conservatives have always tried to suppress voting.  You know…the way totalitarian regimes like Russia have.  I’ve noted more than once that the (fair and legitimate) elections of Barack Obama prompted (mostly White) conservatives to launch their assault on the First Amendment to the U.S. Constitution.  During their convention last month, the Texas Republican Party called for repeal of the 1965 Voting Rights Act, which guarantees the right to vote regardless of race.  They did this because…well, because that’s what conservatives do – at least here in the U.S.  They were quick to abolish fascism in Europe during World War II, but weren’t so eager to do the same at home.

With this in mind, I wonder if many conservative queers who voted for the likes of George W. Bush and Ted Cruz are satisfied with their decisions.  Along with many mainstream right-wingers, some are ecstatic that Roe was overturned.  But now, I hate to see their reactions at the thought of reversing Lawrence or Obergefell.  But the neo-Nazi clowns who have targeted the so-called “liberal agenda” for years are coming for their faggot asses next!  I just hope they’ll be happy sitting in their designer closets polishing their Ronald Reagan Glee Club pins.

If anyone in the U.S. believes democracy is functioning just perfectly and nothing is wrong, they need to consider this: five of the current justices on the Supreme Court were chosen by presidents who did NOT win the popular vote.  George W. Bush didn’t really win the 2000 presidential election and he barely won the 2004 election; yet he was able to appoint two justices – Samuel Alito and John Roberts.  Donald Trump certainly didn’t win the 2016 presidential election (perhaps the most corrupt in U.S. history), but he was able to appoint three justices to the Court: Neil Gorsuch, Brett Kavanaugh and Amy Coney-Barrett.  Gorsuch’s selection came because Republicans refused to grant President Obama’s nominee, Merrick Garland, the decency of a hearing upon the death of Antonin Scalia in 2016; claiming it was an election year and the next president should choose the nominee.  However, Barrett’s nomination came after the death of Ruth Bader Ginsberg in 2020.  The same band of Republicans who denied Garland a hearing rammed through Barrett’s confirmation without hesitation.

I don’t know if most Americans fully comprehend the significance of the Dobbs decision that overturned Roe.  It could lead to much worse.  But this is what happens when people don’t bother to vote in even the most mundane of elections.  Liberals seem especially reticent to take local races seriously.  I can only recommend everyone concerned about our democracy to make that concerted effort to vote.  I understand how many people feel their votes don’t count, particularly after the 2000 and 2016 presidential elections and all the corruption involved in both.

Yet, democracy is not a natural form of governing.  Humanity is more likely to construct an oligarchy-style system.  In worse case settings, totalitarianism can take root, as it almost did with Donald Trump in the White House.  People need to be wary of the current U.S. Supreme Court and its fascist leanings, disguised as social conservatism.  (Then again, fascism and conservatism are pretty much the same ideology.)

It’s starting with the Roe reversal.  Unless we place more moderates into public office, it will only get worse.

Bottom image: Michael de Adder

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Tweet of the Week – July 2, 2022

Kenneth Paxton

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Political Cartoon of the Week – July 2, 2022

John Darkow

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Worst Quotes of the Week – July 2, 2022

“The reason we had so many overreaching regulations in our nation is because the church complied.  The church is supposed to direct the government. The government is not supposed to direct the church.  That is not how our Founding Fathers intended it.  And I’m tired of this separation of church and state junk that’s not in the Constitution.  It was in a stinking letter and it means nothing like what they say it does.”

Rep. Lauren Boebert, in a speech to parishioners at a Colorado church, referring to an 1802 letter from Thomas Jefferson to the Danbury Baptist Association in Connecticut

The letter declared, in part, that the 1st Amendment to the U.S. Constitution established a “wall of separation between church and state”.

“I do care. I actually do care to address that and I’m really shocked. I’m actually appalled that Fox News would take a defamatory story like that and we are pursuing legal action against this drag queen, I’m appalled that you would bring that up when you have not talked about our stolen election.”

Kari Lake, a former journalist and current Republican candidate for governor of Arizona, responding to comments she allegedly had made about drag queens

The subject came up during an interview Lake granted to FOX News’ Bret Baier, when Baier inquired about a “Washington Post” story stating that stated: ‘Arizona GOP gubernatorial candidate Kari Lake who has attacked drag queens as dangerous to children attended the shows of drag queen Richard Stephens for 20 years and once hired him to perform at her home.’

“My job is to defend state law and I’ll continue to do that. That is my job under the Constitution and I’m certainly willing and able to do that.”

Kenneth Paxton, Texas Attorney General, about Lawrence v. Texas, a 2003 Supreme Court ruling that overturned a state anti-sodomy law and made all such laws invalid nationwide

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Best Quotes of the Week – July 2, 2022

“We will not live in a world, not in my city, where our rights are taken from us or rolled back. Fuck Clarence Thomas!”

Lori Lightfoot, Mayor of Chicago, reacting to the U.S. Supreme Court’s reversal of the Roe v. Wade decision and Justice Clarence Thomas’ statement that other rulings should be considered, including same-sex marriage

Lightfoot is Chicago’s first openly-queer mayor.

“Mr. Justice Thomas had much to say today about my loving marriage.  Oddly he didn’t have much to say about his ‘Loving’ marriage.”

Andrew McDonald, Connecticut Supreme Court Justice, about U.S. Supreme Court Justice Clarence Thomas

McDonald, who is openly queer and married his husband Charles Gray in 2009, was referring to the 1967 Loving vs. Virginia ruling that legalized interracial marriage.

Bexar County Sheriff Javier Salazar with his family. Bexar County Sheriff’s office

“I’m the Sheriff of Bexar County, but also a Dad of two beautiful and intelligent young women. As their Dad I will defend my daughters’ ability to do what they feel is right with their own bodies and to love whomever they choose.  My job is chasing predators, rapists, and human traffickers, not someone exercising a right… If it’s truly about protecting children, how about starting with the ones in our schools?”

Javier Salazar, Sheriff of Bexar County, Texas, announcing he won’t prosecute women seeking abortion

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Best Quotes of the Week – May 7, 2022

“We need more mechanics, not MBA’s.”

Paul Begala, former presidential advisor and current political commentator, on “Real Time With Bill Maher” 05/06/2022 (min. 38:20)

The panel was discussing the possibility President Joe Biden may cancel trillions in student debt.

“As we’ve warned, SCOTUS isn’t just coming for abortion — they’re coming for the right to privacy Roe rests on which includes gay marriage and civil rights.”

Rep. Alexandria Ocasio-Cortez, regarding the possibility the U.S. Supreme Court could overturn the 1973 Roe vs. Wade decision

“As “Gilded Glamour and White Tie” pays homage to the period of rapid prosperity, industrialization and growth in the US from 1870 to 1890, some have called it ‘out of touch’.”

Maya Yang, about the annual gala that raises money for the Metropolitan Museum of Art’s Costume Institute, in The Guardian

The event regularly attracts the wealthy and powerful, mostly from the entertainment community.  While figures for the 2022 affair are unavailable, seats for the 2021 gala started at $35,000, although those on a highly selective guest list aren’t charged anything.  Last year’s event raised more than $16 million.  The MMA’s Costume Institute is the only department at the museum that is required to raise its own funds.  A smattering of the night’s excess can be found here.

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Tweet of the Week – January 22, 2022

Kentucky U.S. Senate candidate Charles Booker responding to a Tweet by Sen. Rand Paul

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