June 30, 2015 archive

I Don’t Care About Your Politics

Shall we worship the SEC!

Are you ready for some FOOTBALL!

Alright I got kicked out of Church last Sunday because I told them gay marriage had nothing to do with me and Christians are suppose to preach love and understanding and blah blah blah. Anybody that has ever met me understands how delicately I put my views out there.

Anyway here we are that Leornard Fournette is the best football player in America. If he would have been recruited as the Linebacker he was in High School he would have been the number one recruit. He is at LSU as a starting sophmore running back and will punish people from the backfield.

So this old asshole holds up “The Book” and says, blah blah blah. He didn’t agree that if he gave me fifteen goats I would offer my daughter, or some such.

So Jefferson broke in a house and was arrested which in my opinion was a good thing because Harris will be the QB now. What we need is the offensive line to step up. They are young but they are tough.

God help us if any of them are gay 😉    

SCOTUS Puts Hold on Closing Texas Abortion Clinics

In a late announcement Monday afternoon, the Supreme Court stayed a decision by the United States Court of Appeals for the Fifth Circuit, which imposed limits on a woman’s right to choose. In a 5 -4 decision, the court allows Texas abortion clinics to remain open.

The Supreme Court issued a brief, two paragraph order (pdf) on Monday permitting Texas abortion clinics that are endangered by state law requiring them to comply with onerous regulations or else shut down to remain open. The order stays a decision by the United States Court of Appeals for the Fifth Circuit, which imposed broad limits on the women’s right to choose an abortion within that circuit.

The Court’s order is temporary and offers no direct insight into how the Court will decide this case on the merits. It provides that the clinics’ application for a stay of the Fifth Circuit’s decision is granted “pending the timely filing and disposition of a petition” asking the Court to review the case on the merits. The Court adds that, should this petition be denied, the stay will automatically terminate. Otherwise, the stay “shall terminate upon the issuance of the judgment of this Court.”

Justce Anthony Kennedy joined the liberal judges to grant the clinics a reprieve. The court has yet to decide if they will hear arguments in the case in the fall.

Cartnoon

LGBT Equality Fight Not Over

Another battle for equality for the LGBT community was won with the Supreme Court Ruling that gives them marriage equality in all 50 states. However, the war for equality has only just begun. As Scott Lemieux in The Guardian points out. “The language of the ruling means that states cannot discriminate against same-sex marriages. The same cannot be said for LGBT people as a whole – yet.” He discusses Justice Anthony Kennedy vague opinion that leaves the door open on other forms of discrimination

The problem with Kennedy’s judicial vagueness is that public officials and lower courts need to know whether classifications based on sexual orientation should be subject to heightened scrutiny, like those based on race or gender, or whether such classifications require only a “rational basis”, like economic regulation. If heightened scrutiny applies, states can only use sexual orientation classifications in law if it they are closely related to a compelling state interest – a test states usually fail. If states need only a “rational basis,” courts are generally very deferential to the state. After Friday’s opinion, it seems obvious that heightened scrutiny is being applied in practice, but Kennedy inexplicably refuses to say so. The refusal to define sexual orientation as subject to heightened scrutiny will lead to unnecessary confusion, and possibly permit federal and state judges to deny LBGT rights claims that even Kennedy might think should be upheld.

By not being more specific about his rationale for forcing all states to recognize and perform same-sex marriages, Kennedy leaves open the legal possibility that marriage is the only form of discrimination against same-sex people that is covered by the 14th Amendment. But LGBT people face many other types of discrimination – in public accommodations and in employment, for example – that now may have to be fought out case by never-ending case in the lower courts.

The LGBT community will now be focusing its energy on state laws that permit discrimination in housing, employment, commerce and the Transvestite communities special issues. To discuss those topics Democracy Now!‘s Amy Goodman was joined by Jennicet Gutiérrez, undocumented trans activist from Mexico and a founding member of Familia: TQLM and Marc Solomon, national campaign director of Freedom to Marry.



Transcript can be read here

On This Day In History June 30

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on images to enlarge.

June 30 is the 181st day of the year(182nd in leap years) in the Gregorian calendar. There are 184 days remaining until the end of the year.

On this day in 1986, the U.S. Supreme Court rules in Bowers v. Hardwick that states can outlaw homosexual acts between consenting adults.

Bowers v. Hardwick, upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that “Bowers was not correct when it was decided, and it is not correct today.”

Concurrences and dissents

The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone‘s characterization of sodomy as “a crime not fit to be named.” Burger concluded, “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”

Opponents of sodomy laws criticized Bowers not only for its result but also because of the Court’s dismissive treatment of the liberty and privacy interests of gay men and lesbians. A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an “almost obsessive focus on homosexual activity.” Justice Blackmun suggested that “(o)nly the most willful blindness could obscure the fact that sexual intimacy is ‘a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality.'” (Ironically quoting from the opinion by Chief Justice Burger in Paris Adult Theatre I v. Slaton which held that obscene films are not constitutionally protected)

Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan (then a law clerk for Blackmun, and now professor of law at Stanford Law School). Blackmun said of the dissent; “[K]arlan did a lot of very effective writing, and I owe a lot to her and her ability in getting that dissent out. She felt very strongly about it, and I think is correct in her approach to it. I think the dissent is correct.”

Lewis Powell was considered the deciding vote during the case. He had initially voted to strike down the law but changed his mind after a few days. In a concurring opinion, Powell voiced doubts about the compatibility of Georgia’s law with the Eighth Amendment as it related to the prison sentence for conviction, but joined the majority opinion upholding the law against a substantive due process attack. It has been argued that Powell’s decision to uphold the law was influenced by the fact that he believed he had never known any homosexuals, unaware that one of his own law clerks was gay. In 1990, three years after retiring from the Court, Powell told a group of New York University law students that he considered his opinion in Bowers was an error. “I do think it was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later I thought the dissent had the better of the arguments.” However, Powell believed that the case was one of little importance and spent only thirty minutes thinking about it.

Aftermath

Bowers was decided at a time when the court’s privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U.S. 113 (1973), had come under heavy criticism and was in doubt. In this historical context, Bowers signaled a reluctance by the then-members of the Court to recognize a general constitutional right to privacy or to extend such a right further than they already had.

State sodomy laws were seldom enforced against private consensual conduct in the decades following the decision, but the Bowers decision was frequently cited in opposition to gay rights programs. The Georgia law upheld in Bowers forbade oral sex and anal sex whether engaged in by people of the same sex or different sexes, but Justice White’s decision was restricted to homosexual sex. “The only claim properly before the Court, therefore, is Hardwick’s challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.”

In the years after Bowers was decided, several state legislatures repealed their sodomy laws. In addition, a number of state courts invalidated sodomy laws under privacy or other provisions of their state constitutions. The same sodomy law that was upheld in Bowers was struck down by the Georgia Supreme Court under the Georgia state constitution in the case of Powell v. State, 270 Ga. 327 (1998).

The remaining state sodomy laws in the U.S. were invalidated, insofar as they applied to private consensual conduct among adults, in the Supreme Court case of Lawrence v. Texas 539 U.S. 558 (2003). Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas’ state sodomy law was unconstitutional under the Fourteenth Amendment’s due process clause (adult consensual sexual intimacy in ones’ home is a vital interest in liberty and privacy protected by the Due Process Clause). Lawrence explicitly overturned Bowers, with Kennedy writing “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”

The Daily/Nightly Show (I’m not interested in their opinion)

Something that’s been clear for a very long time now

Tonightly It’s Big Gay Monday with the New York City Gay Chorus-

Our panelists are Janet Mock, Jordan Carlos, and Guy Branum.

Continuity

Religion and Science are not contradictory

This week’s guests-

Taylor Schilling is best known for her work in Orange is the New Black, but if you’re not a Netflix subscriber you’ve never seen it.  Do not forget however that she was also Dagny Taggart in Atlas Shrugged: Part I.

Richard Lewis’s web exclusive extended interview and the real news below.