In Remembrance: Matthew Shepard, 1976-1998

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12 years ago this weekend Matthew Shepard was laying in a hospital, hooked onto life support after being tied to a fence.

He had been beaten, pistol whipped and lit on fire. His skull was fractured and his brain stem crushed. There were a dozen lacerations on his face. He was singled out for being gay, by two men who followed him from a gay bar.

He was murdered for being gay.

Matthew was left, tied to the fence post for 18 hours in near freezing weather before being discovered.


The bicyclist that found him thought that he was actually a scarecrow.

At his funeral, the Westboro Baptist Church protested, carrying signs that read "Matt Shepard Rots in Hell."


Video: "Scarecrow"

"Scarecrow", by Melissa Etheridge

Showers of your crimson blood
Seep into a nation calling up a flood
Of narrow minds who legislate
Thinly veiled intolerance
Bigotry and hate

But they tortured and burned you
They beat you and they tied you
They left you cold and breathing
For love they crucified you

I can't forget hard as I try
This silhouette against the sky

Scarecrow crying
Waiting to die wondering why
Scarecrow trying
Angels will hold carry your soul away

This was our brother
This was our son
This shepherd young and mild
This unassuming one
We all gasp this can't happen here
We're all much too civilized
Where can these monsters hide

But they are knocking on our front door
They're rocking in our cradles
They're preaching in our churches
And eating at our tables

I search my soul
My heart and in my mind
To try and find forgiveness
This is someone child
With pain unreconciled
Filled up with father's hate
Mother's neglect
I can forgive But I will not forget

Scarecrow crying
Waiting to die wondering why
Scarecrow trying
Rising above all in the name of love

It Gets Better Campaign

10 Dead Gay Teens: Bullying is a symptom; the Problem is Hate.

In the spring of 1972, I was a gawky twelve year old with big hair and polyester flood pants in eighth grade. I can remember sitting in the front row in English class, waiting for class to start. A few seats behind me sat a popular but sharp-tongued classmate I'll call "Jane," who had just taken up knitting (which was actually rather out of character for her, because it really wasn't considered "cool.") Jane was knitting on her desk in plain view of the rambunctious class.

A few rows away sat Jane's best friend, "Alice," who was watching curiously as Jane maneuvered the needles. Suddenly, loud enough for everyone in the class to stop and notice, Alice yelled out,

"Jane, you're knitting?! You're a bigger fag than Simmons!"

In mock horror, Jane retorted,

"I am NOT!!!"

The class broke into uproarious laughter. I sat still, turning red, staring at my desk. Again.

Even my teacher laughed.

Ah, school memories. I'd like to say that this was a one-time event, and an aberration in an otherwise warm, safe environment. But it wasn't. Two years earlier the school Principal had called half a dozen kids on the carpet for chasing me home after school every day, and waiting outside the school doors for the chance to beat me up. I was called "faggot" more than a hundred times before I ever knew what it even meant.

But once I found out what that meant, I 'knew' that I couldn't be one of those people. Those people were weird. Sinful abominations. Perverts. Unworthy of mention in polite society. Disease-Carriers. Pedophiles. At least that was the message that came through loud and clear.

I learned new routes home from school to avoid getting roughed up. Eventually I headed out on my own and got married as I was supposed to. But in spite of living an apparently straight adult life, I never stopped struggling and wondering, and dealing with my personal, ill defined frustrations. It took me until I reached my 40's to come to terms with myself.

But I was one of the lucky ones. I was blessed with an ornery fighting spirit, like my dad, that wouldn't let me throw in the towel. Recently, we have learned of others not so fortunate:

Asher Brown, 13, of Cypress, Texas, who shot himself in the head after being constantly bullied, accused of being gay, and on whom mock sex acts were performed in gym class.

Seth Walsh, 13, of Tehachapi, California, who hanged himself after repeated taunts for being gay.

Justin Aaberg, 15, of Anoka, Minnesota, who tried unsuccessfully to kill himself in January, but succeeded in June, after constant anti-gay harassment at school. School officials had decided not to intervene in the bullying because they were wary of 'conservative protests.'

Billy Lucas, 15, of Greensburg, Indiana, who hung himself after enduring sexuality-based taunts for years.

Tyler Clementi, 18, of Ridgewood, New Jersey, who threw himself off the George Washington Bridge after being outed on the web after being secretly videotaped engaged in sex with another male.

Raymond Chase, 19, of Monticello, New York, who hung himself in his dorm room at Johnson & Wales in Rhode Island, where a majority of gay students have reported harassment.

Caleb Nolt, 14, of Fort Wayne, Indiana, who died yesterday after taking his own life. Schoolmates claim there is a long history of his being bullied for being gay at high school.

Eric Mohat, 17, of Mentor, Ohio, who was involved in theater and music, and was called "gay," "fag," "queer" and "homo" often in front of his class and teachers in class. When one bully said publicly in class, "Why don't you go home and shoot yourself, no one will miss you" - - he did.

Carl Walker-Hoover, 11 (YES, read that again - ELEVEN), of Springfield, Massachusetts, who hung himself after repeated gay taunting.

Cody Barker, 17, of Shiocton, WI, who had just started advocating for himself with the schools LGBT community.

How can anyone read this list of young people and not want to scream, or cry, or pound one's fist in anger? This is INTOLERABLE.

No doubt, there will be calls for anti-bullying programs. And let me be clear, I support anti-bullying programs.

But bullying is not the core cause of this rash of suicides among young gay men. Hatred is.

When Bishop Eddie "On The Down-Low" Long calls for Homosexuals to be executed, as he did in the 1990s (it's on tape, folks), he sends a message to society that gays are worthless criminals (who are only good enough to be 'used' on the side).

When "ex-gay" ministries and pseudo-psychologists insist that if you pray and try hard enough, you can 'change,' they send the message that gays are simply lost or damned or lazy.

When neither our Democratic Commander-in-Chief nor Senate Republicans have the collective cojones to suspend the Military's Don't Ask Don't Tell Policy, they send a message that gays are expendable.

When the so-called National Association for Marriage, Focus on the Family, and the Family Research Association insist that Marriage Equality will lead to legal incest and bestiality, they send a message that being gay is a dirty, scandalous, perverted existence.

When Politicians pander to social conservatives and use gays as a 'wedge issue' at the ballot box; when elected officials like Eugene Delgaudio of Virginia claims that wounded soldiers will come down with AIDS if they are in contact with gay soldiers, they send the message that gays are to be loathed, feared, and quarantined.

And when young people in our society hear adults repeating over and over that gays are worthless, expendable, dirty, scandalous, perverted and loathsome...they bully them.

And when young gays hear those same things, and struggle with taunts and hatred every day....

They kill themselves.

Yes, bullying must stop.

But more importantly, the hatred from Pulpits, and Government offices, and self-serving hate-mongering organizations MUST STOP.

And it WILL stop - but ONLY when ALL Americans join and DEMAND that it stop.

"You fight yourself the hardest." The sad, familiar saga of Bishop Long...

Eddie Long is the Bishop of the New Birth Missionary Baptist Church, located outside of Atlanta, Georgia. It has 25,000 members, making it one of the largest mega-churches in the country. And it has served as a platform for Bishop Long to preach long and hard against the evils of homosexuality. In one such tirade, he called homosexuality "spiritual abortion," and even started a group in his church, "Out of the Wilderness," as a ministry to help gays live a straight life. On Dec 11, 2004, Long led a march of 25,000 people through Atlanta, calling on the black churches to stand united against same-sex marriage and supporting a national marriage amendment to the Constitution.

Why all this fascination with the evils of homosexuality?

I think we now all know. As of this morning, a fourth man has come forward accusing the Bishop of having sexual relations with him.

It is a pattern we have seen time and time again: the most outspoken homophobic characters in the churches and in politics finally being exposed as secretly having gay sexual liaisons on the side.

Pastor Ted Haggard, leader of the National Assoication of Evangelicals who taught that homosexuality was an abomination; Flordia representative Bob Allen, who supported Florida's ban on gay adoption, and sponsored a bill to penalize lewd conduct (and who himself was arrested soliciting a policeman for oral sex in a park); U.S. Senator Larry Craig; "Dr" George Rekers, darling of the American Family Association and self-proclaimed expert in gender 'disturbances' who went on trips with rent-a-boys; California State Senator and Proposition 8 proponent Roy Ashburn; Glenn Murphy Jr, 2007 Chair of the Young Republican National Federation, who advised the GOP to use gay marriage as a 'wedge issue' but who had a penchant for taking other Young [male] Republicans to bed.

The technical term for this is egodystonic homophobia: a conscious internal struggle that pits deeply held religious or social beliefs against strong sexual and emotional desires (Journal of Abnormal Psychology 105 (3): 440–5.)

Been there, done that. In younger days, I railed against the evils of homosexuality...all the while struggling with my own identity. A man on the internet who was in the middle of male-to-female gender reassignment surgery saw some of my rants, and commented on them privately to friends of his....who then anonymously forwarded them to me.

In essense, he said, "Thom is like a drowning man. He is flailing in all directions trying to keep his head above the water that is destined to overcome him. You fight yourself the hardest..."

Yup. And that's what all these hard-core anti-gay spokesmen are doing. Deep in their psyches, they hope that if they can say it often and loudly enough, they can convince themselves, against their own bodies, that they are not who they are.

Rather than simply criticize their hypocrisy, this is a wake-up call is for all of us:

For the most bitter of homophobes who are repressing their true nature: please, for your own sake, stop and deal with yourself.

For the straight conservative voters and church-goers who listen and parrot the comments of these obsessed individuals without challenging it: start challenging and questioning when you hear it. Why is this person so obsessed with sex?

For closeted gays everywhere: LEAVE THE CLOSET.

Harvey Milk was right on the money when, faced with a referendum in California to prohibit gays and lesbians from teaching in public schools, he called on gay men and women to come out and let their neighbors and coworkers and family members see that they were normal people from all walks of life.

The current ban on marriage equality in 45 states; the federal "Defense of Marriage Act;" and the Military's "Dont-Ask-Dont-Tell" policy all serve to push gay men and women into the closets where they can't be seen, and where they feel second-class and 'bad.' The inevitable results are the scandals like Bishop Eddie Long's, and the heartbreak that follows in their wake.

Libertarians say Republicans owe apology, not 'pledge,' to America:

Instead of a "Pledge to America," the Republicans should have written an "Apology to America." It should have gone something like this:

"We're sorry, America. Sorry we grew the federal government budget from $1.7 trillion to over $3 trillion. Sorry we added $5 trillion to the federal debt. Sorry we doubled the size of the Department of Education. Sorry we started two incredibly costly foreign wars. Sorry we supported the absurd and costly TARP bailouts. Sorry we created a huge and costly new Medicare entitlement. Sorry we did nothing to end the costly and destructive War on Drugs. Sorry we did nothing to reform the federal government's near-prohibition on immigration. But hey, at least we helped you by shifting a lot of your tax burden onto your children and grandchildren."

There are so many lies, distortions, hypocrisies, and idiocy in this document that it's hard to know where to start.

It is deeply insulting to see the Republicans refer to "America's founding values" on their cover. The Republican Party has no understanding whatsoever of America's founding values. They have proven and re-proven that for decades.

The document talks a lot about "tax cuts." Unfortunately, the Republican "tax cut" proposals would really do nothing to cut taxes. All their proposals achieve is to defer taxes, pushing the burden onto our children and grandchildren. The only real way to cut taxes is to cut government spending, and the Republican document does almost nothing in that regard.

The Republicans say they want to "roll back government spending to pre-stimulus, pre-bailout levels." In other words, to re-create the situation near the end of the Bush administration, after Republicans had massively increased federal spending on almost everything.

Republicans must love it when Democrats expand government, because it gives them the opportunity to propose small "cuts," while still ending up with huge government.

One shocking aspect of the document is that it actually includes subtle Republican proposals to increase government spending.

The Republicans offer no plan whatsoever to reduce military spending, America's foreign wars and nation building, or our military defense of rich foriegn nations. On the contrary, the Republicans apparently want to increase military spending, promising to "provide the resources, authority, and support our deployed military requires, fully fund missile defense, and enforce sanctions against Iran."

The Republicans also appear to want to increase government spending on border control. They say "We will ensure that the Border Patrol has the tools and authorities to establish operational control at the border," a costly proposition.

Furthermore, as expected, the document complains about "massive Medicare cuts," implying that Republicans want to make sure Medicare is kept gigantic.

The bulk of federal spending is in three places: Social Security, Medicare, and the military. The Republicans propose absolutely nothing to reduce spending on these three things, or even to slow down their growth.

There must be a typo in the document where it says "Undeterred by dismal results, Washington Democrats continue to double-down on their job-killing policies." That probably should read "Washington Democrats continue to double-down on *Republican* job-killing policies."

The best way to restore American prosperity would be to implement the straightforward 28 planks of the Libertarian Party platform, or even just follow the Constitution. I mean the actual Constitution, not the Republican re-write that allows for every federal government program imaginable.

I suppose the one positive aspect of the document is that it finally dispels any illusion that Republicans want to shrink government in any meaningful way.

Apparently the Republicans are hoping they can "fool some of the people all of the time." The Libertarian Party is ready to point out Republican lies and hypocrisy to American voters, and we hope that Americans who actually want small and constitutional government, not just hypocrisy and worthless rhetoric, will vote Libertarian this November.

September 11

A complete list of the Firefighters who died at the World Trade Center site.

A
Joseph Agnello, Lad.118 Lt. Brian Ahearn, Bat.13 Eric Allen, Sqd.18 (D) Richard Allen, Lad.15 Cpt. James Amato, Sqd.1 Calixto Anaya Jr., Eng.4 Joseph Agnello, Lad.118 Lt. Brian Ahearn, Bat.13 Eric Allen, Sqd.18 (D) Richard Allen, Lad.15 Cpt. James Amato, Sqd.1 Calixto Anaya Jr., Eng.4 Joseph Angelini, Res.1 (D) Joseph Angelini Jr., Lad.4 Faustino Apostol Jr., Bat.2 David Arce, Eng.33 Louis Arena, Lad.5 (D) Carl Asaro, Bat.9 Lt. Gregg Atlas, Eng.10 Gerald Atwood, Lad.21

B
Gerald Baptiste, Lad.9 A.C. Gerard Barbara, Cmd. Ctr. Matthew Barnes, Lad.25 Arthur Barry, Lad.15 Lt.Steven Bates, Eng.235 Carl Bedigian, Eng.214 Stephen Belson, Bat.7 John Bergin, Res.5 Paul Beyer, Eng.6 Peter Bielfeld, Lad.42 Brian Bilcher, Sqd.1 Carl Bini, Res.5 Christopher Blackwell, Res.3 Michael Bocchino, Bat.48 Frank Bonomo, Eng.230 Gary Box, Sqd.1 Michael Boyle, Eng.33 Kevin Bracken, Eng.40 Michael Brennan, Lad.4 Peter Brennan, Res.4 Cpt. Daniel Brethel, Lad.24 (D) Cpt. Patrick Brown, Lad.3 Andrew Brunn, Lad.5 (D) Cpt. Vincent Brunton, Lad.105 F.M. Ronald Bucca Greg Buck, Eng.201 Cpt. William Burke Jr., Eng.21 A.C. Donald Burns, Cmd. Ctr. John Burnside, Lad.20 Thomas Butler, Sqd.1 Patrick Byrne, Lad.101

C
George Cain, Lad.7 Salvatore Calabro, Lad.101 Cpt. Frank Callahan, Lad.35 Michael Cammarata, Lad.11 Brian Cannizzaro, Lad.101 Dennis Carey, Hmc.1 Michael Carlo, Eng.230 Michael Carroll, Lad.3 Peter Carroll, Sqd.1 (D) Thomas Casoria, Eng.22 Michael Cawley, Lad.136 Vernon Cherry, Lad.118 Nicholas Chiofalo, Eng.235 John Chipura, Eng.219 Michael Clarke, Lad.2 Steven Coakley, Eng.217 Tarel Coleman, Sqd.252 John Collins, Lad.25 Robert Cordice, Sqd.1 Ruben Correa, Eng.74 James Coyle, Lad.3 Robert Crawford, Safety Lt. John Crisci, H.M. B.C. Dennis Cross, Bat.57 (D) Thomas Cullen III, Sqd. 41 Robert Curatolo, Lad.16 (D)

D
Lt. Edward D'Atri, Sqd.1 Michael D'Auria, Eng.40 Scott Davidson, Lad.118 Edward Day, Lad.11 B.C. Thomas DeAngelis, Bat. 8 Manuel Delvalle, Eng.5 Martin DeMeo, H.M. 1 David DeRubbio, Eng.226 Lt. Andrew Desperito, Eng.1 (D) B.C. Dennis Devlin, Bat.9 Gerard Dewan, Lad.3 George DiPasquale, Lad.2 Lt. Kevin Donnelly, Lad.3 Lt. Kevin Dowdell, Res.4 B.C. Raymond Downey, Soc. Gerard Duffy, Lad.21

E
Cpt. Martin Egan, Jr., Div.15 (D) Michael Elferis, Eng.22 Francis Esposito, Eng.235 Lt. Michael Esposito, Sqd.1 Robert Evans, Eng.33

F
B.C. John Fanning, H.O. Cpt. Thomas Farino, Eng.26 Terrence Farrell, Res.4 Cpt. Joseph Farrelly, Div.1 Dep. Comm. William Feehan, (D) Lee Fehling, Eng.235 Alan Feinberg, Bat.9 Michael Fiore, Res.5 Lt. John Fischer, Lad.20 Andre Fletcher, Res.5 John Florio, Eng.214 Lt. Michael Fodor, Lad.21 Thomas Foley, Res.3 David Fontana, Sqd.1 Robert Foti, Lad.7 Andrew Fredericks, Sqd.18 Lt. Peter Freund, Eng.55

G
Thomas Gambino Jr., Res.3 Chief of Dept. Peter Ganci, Jr. (D) Lt. Charles Garbarini, Bat.9 Thomas Gardner, Hmc.1 Matthew Garvey, Sqd.1 Bruce Gary, Eng.40 Gary Geidel, Res.1 B.C. Edward Geraghty, Bat.9 Dennis Germain, Lad.2 Lt. Vincent Giammona, Lad.5 James Giberson, Lad.35 Ronnie Gies, Sqd.288 Paul Gill, Eng.54 Lt. John Ginley, Eng.40 Jeffrey Giordano, Lad.3 John Giordano, Hmc.1 Keith Glascoe, Lad.21 James Gray, Lad.20 B.C. Joseph Grzelak, Bat.48 Jose Guadalupe, Eng.54 Lt. Geoffrey Guja, Bat.43 Lt. Joseph Gullickson, Lad.101

H
David Halderman, Sqd.18 Lt. Vincent Halloran, Lad.8 Robert Hamilton, Sqd.41 Sean Hanley, Lad.20 (D) Thomas Hannafin, Lad.5 Dana Hannon, Eng.26 Daniel Harlin, Lad.2 Lt. Harvey Harrell, Res.5 Lt. Stephen Harrell, Bat.7 Cpt. Thomas Haskell, Jr., Div.15 Timothy Haskell, Sqd.18 (D) Cpt. Terence Hatton, Res.1 Michael Haub, Lad.4 Lt. Michael Healey, Sqd.41 John Hefferman, Lad.11 Ronnie Henderson, Eng.279 Joseph Henry, Lad.21 William Henry, Res.1 (D) Thomas Hetzel, Lad.13 Cpt. Brian Hickey, Res.4 Lt. Timothy Higgins, S.O.C. Jonathan Hohmann, Hmc.1 Thomas Holohan, Eng.6 Joseph Hunter, Sqd.288 Cpt. Walter Hynes, Lad.13 (D)

I
Jonathan Ielpi, Sqd.288 Cpt. Frederick Ill Jr., Lad.2

J
William Johnston, Eng.6 Andrew Jordan, Lad.132 Karl Joseph, Eng.207 Lt. Anthony Jovic, Bat.47 Angel Juarbe Jr., Lad.12 Mychal Judge, Chaplain (D)

K
Vincent Kane, Eng.22 B.C. Charles Kasper, S.O.C. Paul Keating, Lad.5 Richard Kelly Jr., Lad.11 Thomas R. Kelly, Lad.15 Thomas W. Kelly, Lad.105 Thomas Kennedy, Lad.101 Lt. Ronald Kerwin, Sqd.288 Michael Kiefer, Lad.132 Robert King Jr., Eng.33 Scott Kopytko, Lad.15 William Krukowski, Lad.21 Kenneth Kumpel, Lad.25 Thomas Kuveikis, Sqd.252

L
David LaForge, Lad.20 William Lake, Res.2 Robert Lane, Eng.55 Peter Langone, Sqd.252 Scott Larsen, Lad.15 Lt. Joseph Leavey, Lad.15 Neil Leavy, Eng.217 Daniel Libretti, Res.2 Carlos Lillo, Paramedic Robert Linnane, Lad.20 Michael Lynch, Eng.40 Michael Lynch, Lad.4 Michael Lyons, Sqd.41 Patrick Lyons, Sqd.252

M
Joseph Maffeo, Lad.101 William Mahoney, Res 4 Joseph Maloney, Lad.3 (D) B.C. Joseph Marchbanks Jr, Bat.12 Lt. Charles Margiotta, Bat.22 Kenneth Marino, Res.1 John Marshall, Eng.23 Lt. Peter Martin, Res.2 Lt. Paul Martini, Eng.23 Joseph Mascali, T.S.U. 2 Keithroy Maynard, Eng.33 Brian McAleese, Eng.226 John McAvoy, Lad.3 Thomas McCann, Bat.8 Lt. William McGinn, Sqd.18 B.C. William McGovern, Bat.2 (D) Dennis McHugh, Lad.13 Robert McMahon, Lad.20 Robert McPadden, Eng.23 Terence McShane, Lad.101 Timothy McSweeney, Lad.3 Martin McWilliams, Eng.22 (D) Raymond Meisenheimer, Res.3 Charles Mendez, Lad.7 Steve Mercado, Eng.40 Douglas Miller, Res.5 Henry Miller Jr, Lad.105 Robert Minara, Lad.25 Thomas Mingione, Lad.132 Lt. Paul Mitchell, Bat.1 Capt. Louis Modafferi, Res.5 Lt. Dennis Mojica, Res.1 (D) Manuel Mojica, Sqd.18 (D) Carl Molinaro, Lad.2 Michael Montesi, Res.1 Capt. Thomas Moody, Div.1 B.C. John Moran, Bat.49 Vincent Morello, Lad.35 Christopher Mozzillo, Eng.55 Richard Muldowney Jr, Lad.07 Michael Mullan, Lad.12 Dennis Mulligan, Lad.2 Lt. Raymond Murphy, Lad.16

N
Lt. Robert Nagel, Eng.58 John Napolitano, Res.2 Peter Nelson, Res.4 Gerard Nevins, Res.1

O
Dennis O'Berg, Lad.105 Lt. Daniel O'Callaghan, Lad.4 Douglas Oelschlager, Lad.15 Joseph Ogren, Lad.3 Lt. Thomas O'Hagan, Bat.4 Samuel Oitice, Lad.4 Patrick O'Keefe, Res.1 Capt. William O'Keefe, Div.15 (D) Eric Olsen, Lad.15 Jeffery Olsen, Eng.10 Steven Olson, Lad.3 Kevin O'Rourke, Res.2 Michael Otten, Lad.35

P
Jeffery Palazzo, Res.5 B.C. Orio Palmer, Bat.7 Frank Palombo, Lad.105 Paul Pansini, Eng.10 B.C. John Paolillo, Bat.11 James Pappageorge, Eng.23 Robert Parro, Eng.8 Durrell Pearsall, Res.4 Lt. Glenn Perry, Bat.12 Lt. Philip Petti, Bat.7 Lt. Kevin Pfeifer, Eng. 33 Lt. Kenneth Phelan, Bat.32 Christopher Pickford, Eng.201 Shawn Powell, Eng.207 Vincent Princiotta, Lad.7 Kevin Prior, Sqd.252 B.C. Richard Prunty, Bat.2 (D)

Q
Lincoln Quappe, Res.2 Lt. Michael Quilty, Lad.11 Ricardo Quinn, Paramedic

R
Leonard Ragaglia, Eng.54 Michael Ragusa, Eng.279 Edward Rall, Res.2 Adam Rand, Sqd.288 Donald Regan, Res.3 Lt. Robert Regan, Lad.118 Christian Regenhard, Lad.131 Kevin Reilly, Eng.207 Lt. Vernon Richard, Lad.7 James Riches, Eng.4 Joseph Rivelli, Lad.25 Michael Roberts, Eng.214 Michael E. Roberts, Lad.35 Anthony Rodriguez, Eng.279 Matthew Rogan, Lad.11 Nicholas Rossomando, Res.5 Paul Ruback, Lad.25 Stephen Russell, Eng.55 Lt. Michael Russo, S.O.C. B.C. Matthew Ryan, Bat.1

S
Thomas Sabella, Lad.13 Christopher Santora, Eng.54 John Santore, Lad.5 (D) Gregory Saucedo, Lad.5 Dennis Scauso, H.M. 1 John Schardt, Eng.201 B.C. Fred Scheffold, Bat.12 Thomas Schoales, Eng.4 Gerard Schrang, Res.3 (D) Gregory Sikorsky, Sqd.41 Stephen Siller, Sqd.1 Stanley Smagala Jr, Eng.226 Kevin Smith, H.M. 1 Leon Smith Jr, Lad 118 Robert Spear Jr, Eng.26 Joseph Spor, Res.3 B.C. Lawrence Stack, Bat.50 Cpt. Timothy Stackpole, Div.11 (D) Gregory Stajk, Lad.13 Jeffery Stark, Eng.230 Benjamin Suarez, Lad.21 Daniel Suhr, Eng.216 (D) Lt. Christopher Sullivan, Lad.111 Brian Sweeney, Res.1

T
Sean Tallon, Lad.10 Allan Tarasiewicz, Res.5 Paul Tegtmeier, Eng.4 John Tierney, Lad.9 John Tipping II, Lad.4 Hector Tirado Jr, Eng.23

V
Richard Vanhine, Sqd.41 Peter Vega, Lad.118 Lawrence Veling, Eng.235 John Vigiano II, Lad.132 Sergio Villanueva, Lad.132 Lawrence Virgilio, Sqd.18 (D)

W
Lt. Robert Wallace, Eng.205 Jeffery Walz, Lad. 9 Lt. Michael Warchola, Lad.5 (D) Capt. Patrick Waters, S.O.C. Kenneth Watson, Eng.214 Michael Weinberg, Eng.1 (D) David Weiss, Res.1 Timothy Welty, Sqd.288 Eugene Whelan, Eng.230 Edward White, Eng.230 Mark Whitford, Eng.23 Lt. Glenn Wilkinson, Eng.238 (D) B.C. John Williamson, Bat.6 (D) Capt. David Wooley, Lad.4

Y
Raymond York, Eng.285 (D)

Roger Clemens: Next target of the Anti-Steroid Crusaders

In 2005, and again in 2007, I wrote on this issue, defending the use of controlled substances by sports figures...not a popular position then, and probably no more popular now. Like so many aspects of our schizopphrenic culture, what is done in private is one thing, but what we self-righteously say in public is supposed to be something elese entirely. Well, I don't play that game.

Three years ago, the New York Times reported, “…Former Sen. Mitchell's 300-plus page document on performance-enhancing drugs in baseball, 21 months in the making, claims that nearly 90 players -- most notably Roger Clemens, Andy Pettitte, Barry Bonds, Gary Sheffield and Miguel Tejada -- are guilty of using some form of PEDs.” [Perfomance Enhancing Drugs] Yesterday's indictment of Roger Clemens for allegedly lying to Congress is the next step in 'getting those guys' when they can't produce the evidence to convict on the original case. It's the Get-Martha-Stewart approach to justice.

When Mark Magwire was hounded by the press for using Androstendione ( a substance that was legal and sold over the counter in Golds Gyms, GNCs, and Drug Stores across America), it was easy to point the finger at “One Bad Guy.” When Barry Bonds was fingered as a steroid user, the writers at Sports Illustrated (sports nuts who cant play, but who delight in the catty process of creating legends and then destroying them) frothed at the mouth, issue after issue, because they could crucify One Bad Guy.

But now that steroids have appeared in major league baseball across the spectrum of time and teams, prosecuters can have a field day.

Five years ago I wrote:

“…Sitting on my shelf is a bottle of ProLab ThermaPro, a thermogenic designed to raise metabolism and help burn fat. I used this (same basic ingredients as the original Hydroxycut and Xenadrine) several summers ago, while running in the hot Dakota sun every morning while trying to lose weight and tone up (mission: successful!). Ah, but this product contains ephedrine!!! [crowd gasps in horror in the background.] When I used it in 2002, I was using a sports supplement. When the FDA banned it in 2004, I became the possessor of an illegal substance. When the Court overturned the FDA ban, I was an upstanding citizen again. Then the FDA declared that my 20 mg ephedrine was greater than the amount in the court case, and was illegal, and presto-chango, I’m a criminal again.

And this has been the history of steroids and sports supplements. The non-steroidal Androstendione which was available in every health and vitamin store a few years ago, all of a sudden disappeared because the FDA arbitrarily decided that since it was only “one step away” from a steroid, it is now illegal. However, DHEA, which is two chemical steps away from a steroid, is still OK. The steroids that Jose "save-my-own-ass" Canseco mentioned being used in MLB were by and large completely legal in 1980. Many of them are still legal in much of the world, including industrialized nations such as Germany and Holland. Some (Fina) can be made of 100% legal substances in a kitchen. Others are legal as veterinary substances. And a great deal comes into this country from upstanding American soldier-heroes, who discover that the rest of the developed world doesnt have the knee-jerk Prohibitionist response that America has.

The history of Sports is the history of going the extra mile and being slightly better than anyone and everyone else. Athletes give up much of their personal lives and incur a great personal cost in training. They regulate what they eat. They take vitamin supplements such as Calcium. They take Glutamine to prevent muscle breakdown. They take Milk Thistle and ALA to keep their livers healthy. They take Glucosomine to help repair their stressed joints, and if they’re in trouble, they get shots of Cortisone from their doctors. Some take “stacks” to raise metabolism and speed weight-loss (like my illegal aspirin-caffeine-ephedrine stack). They use Creatine as a muscle volumizer and NO2 to increase muscle pump, while downing extra-heavy whey-protein isolate shakes to increase food to muscle cells. Somewhere along the line Congress is going to find out that many use insulin to increase food nutrition entering the muscle cells as well. Some use 2-step-away prohormones like DHEA, others used 1-step-away-prohormones.

And yes, some use steroids.

Yes, the bar is constantly raised. In the effort to be bigger, better, stronger, greater. And if anyone thinks that taking steroids means you take a pill and you’re suddenly Hulk, they are sadly misinformed. Guys who take steroid injections and just ‘wait’ for the effects find themselves fat and tired. An athlete who has chosen to use steroids will be working his butt off 5-6 days a week in grueling workouts. There is no ‘free ride’ by using steroids.

It is amazing, isn’t it? If someone goes to Beverly Hills and forks over $10,000 to a surgeon to have 40 pounds of lard sucked out of their gut in a two-hour operation, that is not only legal, it’s indicative of being One of the Beautiful People. But if you work your tail off during a 12-week steroid cycle to reduce your body fat from 15% to 6% through arduous workouts, well…..”that’s illegal! That’s immoral! That’s just not right!!!! We must punish baseball players!”

Actually, it seems a hell of a lot more honest to me. Of course, why stop at baseball players?

Does anyone really believe that the models on the cover of Mens fitness magazines get that way from situps and spinach? Have they asked the Governor of California how he got that big?

Wake up, folk: when you outlaw a substance, you don’t make it go away…you make it go underground, and you increase the danger of its being tainted. Anyone remember Prohibition?

What’s more important, is that no one has been able to tell me just who is so harmed by an individual athlete’s choice to juice that it requires federal robocops. Have these sports figures killed anyone? Assaulted anyone? Robbed anyone? Maimed anyone? Can you point to any damage they have caused?

There are those who will say that when young people emulate these guys, they are hurt. But that’s like saying that NASCAR should be responsible for kids who drive fast, that McDonalds should be responsible for obese slobs who sit and eat Big Macs every day, and that Clint Eastwood should be responsible for a kid who shoots someone.

If the Players are upset, or the union, or the fans, or the owners, they have immediate remedies and avenues. If they have chosen not to pursue them, perhaps Congress should realize they’re barking up the wrong tree. We don’t need Congress to decide who should be and shouldn’t be our sports heroes. We’ll do that for ourselves, thank you.”

The Statesman in the Storm: NYC Mayor Michael Bloomberg

"On Sept. 11, 2001, thousands of first responders heroically rushed to the scene and saved tens of thousands of lives. More than 400 of those first responders did not make it out alive. In rushing into those burning buildings, not one of them asked, 'What God do you pray to?' (Bloomberg's voice cracks here a little as he gets choked up.) 'What beliefs do you hold?'

"The attack was an act of war, and our first responders defended not only our city, but our country and our constitution. We do not honor their lives by denying the very constitutional rights they died protecting. We honor their lives by defending those rights and the freedoms that the terrorists attacked.

"Of course, it is fair to ask the organizers of the mosque to show some special sensitivity to the situation, and in fact their plan envisions reaching beyond their walls and building an interfaith community. But doing so, it is my hope that the mosque will help to bring our city even closer together, and help repudiate the false and repugnant idea that the attacks of 9/11 were in any ways consistent with Islam.

"Muslims are as much a part of our city and our country as the people of any faith. And they are as welcome to worship in lower Manhattan as any other group. In fact, they have been worshipping at the site for better, the better part of a year, as is their right. The local community board in lower Manhattan voted overwhelmingly to support the proposal. And if it moves forward, I expect the community center and mosque will add to the life and vitality of the neighborhood and the entire city.

"Political controversies come and go, but our values and our traditions endure, and there is no neighborhood in this city that is off-limits to God's love and mercy, as the religious leaders here with us can attest."

NYC Islamic Center: Mayor Bloomberg is right and Peter King is Wrong.

NYC Mayor Michael Bloomberg has shown leadership and statesmanship on the subject of the planned Islamic Community Center in lower Manhattan. By contrast, Rep. Peter King is being disingenuous as he engages in hate-mongering and patently anti-American rhetoric. It is yet another confirmation of why I am no longer a Republican. President Obama, who began to take a strong stand, has immediately backtracked after criticism, and has proved to be a disappointment.

As a native New Yorker, I understand that every community on Long Island lost loved ones and neighbors in the 9/11 attacks. The entire ordeal still pushes my emotional buttons, and probably will until I die. But I am just as outraged by the barely-hidden, discriminatory, Constitution-shredding opposition to the Islamic Center's plans.

The issue before NYC was NOT whether a mosque should be allowed ‘near’ ground zero. In fact, a mosque has existed in that neighborhood since 1970. The issue was whether the specific building idenitifed for the Center should be preserved under historic commission guidelines and regulations.

Now, very often in government processes, "polite" objections are used to justify personal agendas. At many public hearings, issues such as traffic, noise, light, endangered species, and native american graves are all raised when residents want to oppose something in their back yard - whether or not those are legitimate issues. Much to the NYC Historic Commission's credit, they voted *unanimously* that there was no historic value to this building which was the ruse being used to obstruct the project.

If the question then, is “can a mosque be built?,” then clearly the answer is a resounding YES.

This nation has enshrined in the First Amendment of the Constitution the right of all people to practice their religion…PERIOD. We do not ignore Constitutional Rights because we don’t like “those people.” Once we do that, the terrorists have indeed won, and the American way of life has gone the way of every other tinhorn dictatorship.

We are NOT a nation with a National Religion. We are a nation that ascribes to Freedom of Religion, and a Prohibition on the Establishment of one religion over others.

Representative Peter King - who for 20 years openly met with and supported the IRA, a terrorist organization - suddenly developed a soft spot in his heart for the victims of terrorism. He called President Obama "wrong" and and issued the following statement:

"It is insensitive and uncaring for the Muslim community to build a mosque in the shadow of ground zero...While the Muslim community has the right to build the mosque, they are abusing that right by needlessly offending so many people who have suffered so much...The right and moral thing for President Obama to have done was to urge Muslim leaders to respect the families of those who died and move their mosque away from ground zero. Unfortunately, the president caved into political correctness..."

This is entirely disingenuous. King knows that opponents of the Islamic Center have no legal leg to stand on under the U. S. Constitution. Rather than taking the high road and promoting healing and the rule of law, he is giving official voice to the "I-don't-care-what-the-Constitution-says, we-don't-want-them-here, those-people-are-being-mean" mentality, and couching it in warm fuzzy terms, like some Big Brother Social Worker.

What is truly an affront affront to every New Yorker (like me), every NY Firefighter’s Family (like me), and everyone who lost people they knew in the WTC attacks (like me) are people like King who PRESUME to believe that we are delicate flowers who can’t handle Constitutional Rights and diversity, who believe that the proper response to the 9/11 attacks is to rip up the First Amendment.

That speech that is most odious is precisely that speech that must be protected.

That press that is most critical of the government is that press that must be protected.

That criminal who has committed the most heinous acts is precisely the criminal most in need of the Constitutional Rights afforded the accused.

That gun owner who is most despised by his pacifist neighbors is the person most in need ot the protection of the Second Amendment.

And that religous Faith that is most antithetical to the majority is the very faith that must be protected and granted equal standing before the law.

It is by granting freedom for Muslims to worship in that spot that we show how great America is. There IS no other option for Constitutionally-minded, patriotic Americans.

The President has not caved into "political correctness" as King asserts... if anything, he is caving into his own political cowardice. Obama and King could both learn something from Bloomberg.

Urgent Request: Help Preserve Equality in NH...for all of us!

Regular readers of this blog know that I am running for State Representative in Cheshire County (District 4) this year as an openly gay candidate. I am running primarily to safeguard the changes we have made in New Hampshire over the last year.

My District is represented by Rep. Bill Butynski, one of only 4 Democrats in the entire state who voted against Marriage Equality in each of the last two sessions. In fact, this spring, he joined with a failed attempt by some radical right members of the House and voted to repeal the new Marriage Equality law (and this man is a Democrat?!?!?)

He has a history of some very 'backwards,' regressive votes, opposing Medical Marijuana (and lying about it on the statehouse floor), and actually introducing a bill to outlaw the sale of Red Bull and possession of veterinary medicines for pet-owners (both were voted down by the members of his own party.)

I am challenging him in the Democratic Primary. The District actually sends 4 representatives to Concord, and there are 5 candidates running at large, but I am targetting him specifically.

Here is the reality: Marriage Equality is going to lose supporters in the statehouse with the 2010 election. ALL of the Republican candidates for Governor have pledged to sign a REPEAL of the Marriage Equality bill It is crucial that we win every seat we can - not only for issues like Equality, but also for issues such as funding HIV service agencies. If you can help me in any way, this could be one seat we could 'flip' for Equality.

The national democratic clearinghouse, "ActBlue" set up a fundraising page for me yesterday at : https://secure.actblue.com/contribute/entity/25817 (see Direct Link on the left side of this page for Act Blue).

If you are able and willing, I would appreciate ANY help you can offer. Ten people donating $20 each will pay for my signs...and will go a long way towards helping us oust this 'problem' legislator.

Thank you, and my apologies for my unabashed self-promotion.

Thom Simmons
Democratic Candidate, Cheshire-04
Chesterfield, Hinsdale & Winchester
http://www.Simmons4NH.org

Kelly Ayotte: the Police State Candidate

Of the 33 Senate races taking place across the country this year, there are few whose outcome is as unpredictable right now as New Hampshire's. There are currently 4 major Republicans and 1 Democrat (Congressman Paul Hodes) running for an open Senate seat in this, a state that has voted both 'red' and 'blue' in recent elections. The danger is that in freedom-loving New Hampshire, this combination of candidates - and the support of the national GOP establishment in Washington, DC - could propel former NH Attorney General Kelly Ayotte, perhaps the most dangerous, pro-police-state politician the state has seen in decades, to front-runner status.

Anyone who has watched television in New Hampshire over the last few weeks has seen the barrage of Ayotte ads, each with the same theme: Ayotte put criminals behind bars. All but one of her ads features a uniformed police officer, and her latest shamelessly lauds her prosecution of the man guilty of killing Manchester Police Officer Michael Briggs.

But it is her other activities as the Granite State's Attorney General that should bring one to pause, if not shudder, for what she would bring to the legislative table. On a consistent basis, AG Ayotte testified before the state legislature to curtail civil liberties and protect the power of the police state. Four important examples:

1) The most egregious must be her abject lies about Medical Marijuana, delivered at last year's legislative debate.

She wrote,

"In fact, marijuana is an addictive drug that poses significant health consequences to its users, including those who may be using it for medical purposes...The use of smoked marijuana is opposed by all credible medical groups nationwide."

In fact, several major national medical groups have taken positive views of medical cannabis, including the American Academy of Physicians, the American Nurses Association and the American Public Health Association. In a 2001 report, even the American Medical Association noted that marijuana helped those suffering from certain ailments including HIV wasting syndrome and chemotherapy-induced nausea.

It is too bad she didn't consider the testimony of Fremont, NH resident Dennis Acton:

"...I am a cancer survivor and successfully used marijuana to treat severe nausea when my $1600 prescription didn't work. I testified along with many others at the Senate HHS Subcommittee hearing back in April. After the senate passed it, we were able to set up a meeting with the Governor. He was "unavailable" so he sent two policy advisors. About 20 of use showed up for this meeting and told our stories. … I really wish the Gov. could have been there to hear these moving stories. I wish other people like AG Kelly Ayotte... and others who dismiss the medicinal properties of marijuana (based on ignorance rather than science) could have heard this as well.

The bottom line is that terminally or severely ill people want to use marijuana to ease symptoms and to avoid becoming addicted to expensive and harmful opiate based drugs. It is just inconceivable that drugs like Oxycontin are readily available and are being abused terribly while marijuana is outlawed..."

Both the House and Senate adopted a medical marijuana bill, but the Senate lacked the votes to override the Governor's veto...a veto that relied, in part, on Ayotte's disgraceful testimony.

2) A second area is her continued opposition to permitting videotaping of police actions.

In 2009, House Bill 312 was submitted, simply permitting the recording (on a cell phone or other device) police activity. For years, police indiscretions have been brought to light through citizen vigilence (Even parking garages have video cameras these days!) The Bill was bipartisan, sponsored by 3 Democrats (Joel Winters, Susi Nord, and Maureen Mann) and 2 Republicans (Neal Kurk and Jenn Coffey), and passed the Democratically-controlled House.

Ayotte opposed the bill, likening the procedure to illegal wiretapping, and it died in the Senate.

3) In New Hampshire, "...Jury nullification is the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge and contrary to the evidence." (State v. Hokanson, 140 N.H. at 721B906, cited in State of NH v Sanchez). This undisputed power is a check on a rule-oriented legal system that could result in terrible miscarriages of justice. And yet, when HB 906 was filed in 2007, simply requiring that jurors be informed of their existing, "undisputed" rights, Ayotte testified against the bill.

4)On two seperate occasions, Ayotte urged Governor Lynch to veto bills (2006 SB318 and 2009 HB160) that would establish the "Castle Doctrine" in New Hampshire. The Castle Doctrine gives a crime victim the right to use force when attacked when that victim is legally in a place where they have a right to be. Instead, Ayotte has supported the notion that a potential victim has a duty to retreat, rather than defend themselves...cold comfort to a woman walking home late at night and confronted in a dark street, or someone in a wheelchair, or a nightclub patron being surrounded by a group of thugs out to bash someone for fun.

Of course, this is also the Attorney General who advocated for the requirement that picture IDs be produced simply to purchase cough medicine...

Kelly Ayotte has spent her life enhancing and enlarging the power of the State and its Police and enforcement mechanisms as against its citizens. Having garnered the support of the GOP establishmentm, it is now no surprise that as the GOP primary nears, she is tripping over herself to embrace anti-immigration extremism, 14th-Amendment repeal nonsense, Sarah Palin, and the far-right elements that she needs to capture the nod.

But for anyone - Republican, Independent, or Democrat - who values New Hampshire's libertarian way of life, this candidate MUST be defeated. She does not, and must not, represent the people of New Hampshire.

Proposition 8 Overturned: Supreme Court Battle Looms

At 4:50 pm EST this afternoon, Federal District Court Judge Vaughan R. Walker (District of Northern California)overturned California's Proposition 8, setting the stage for an eventual national showdown at the US Supreme Court.

California courts had earlier required Marriage Equality, and couples began to marry under the decision, but opponents gathered enough signatures to force a referendum on the issue popularly known as "Proposition 8." (Law-making by 'popular vote' is a traditional lawmaking route in the west of the United States, but is little used elsewhere. During the last generation, then-Governor Ronald Reagan opposed a ballot initiative supported by singer Anita Bryant that would have baned gays from teaching. The campaign propelled San Francisco mayor Harvey Milk into the national limelight as he pleaded with GLBT men and women to leave the closets and be counted among their neighbors and families. That ballot initiative ultimately failed.)

But this time, after more than 80 million dollars were spent campaigning, proponents of Prop 8 won by a vote of 52-48%, and Marriage Equality immediately ceased in California 5 months after it started. Two attorneys, David Boies and Theodore Olson(one a liberal Democrat and one a conservative Republican) then brought this suit on behalf of two gay couples and challenged the referendum vote in Federal Court on the basis of the 14th Amendment to the U. S Constitution, which requires the Equal Protection of Laws for all citizens in a case more properly known as Perry et al v. Schwarzneggar. Same-sex marriage had never been challenged on these Constitutional grounds before, and many gay-rights groups expressed everything from delight to nervousness to outright hostility at pursuing this avenue of attack.

During the trial, opponents of gay marriage saw their case fall apart, as 'expert' witnesses failed to show up or to provide evidence of their 'expertise,' while Boies and Olson brought in a parade of experts in marriage, family law, and psychology to show the discriminatory nature of Prop 8 and the campaign that surrounded it.

In the end, Judge Walker wrote:

"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment...Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation...Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“


This means that there are now TWO Federal Court rulings citing three different Constitutional provisions chipping away at systematic discrimination against gays and lesbians: This Prop 8 ruling, which places sexual orientation under both the equal protection and Due Process clauses of the 14th amendment, and Judge Tauro's decision in Massachusetts last month, which held that the so-called federal "Defense of Marriage Act" ("DOMA"), which prohibits the federal government from acknowledging the validity of same-sex marriages performed in the states where it is legal, was also unconstitutional under the 10th Amendment guaranteeing State's Rights in family issues.

There is little doubt that both of the California and Massachusetts decisions are headed to Appellate Circuit Courts, and eventually to the Supreme Court, where a decision of national import is likely to rest on the shoulders of the Courts only centrist, Justice Kennedy.

NOM in NH: The Bizarre World of a Theocracy...

The New Jersey-based “National Organization for Marriage,” or NOM, rolled its bus into Manchester NH in order to rally the troops against Marriage Equality and get signatures in support of DOMA. It must have been embarrassing for them that including the out of state contingency they brought on their bus, only about 50 people showed up in the City Hall Plaza. By contrast, those of us who showed up to quietly support NH’s Marriage Equality numbered 40 – with no bus, no campaign, and no organized effort.

I can only describe the hour-long ‘rally’ as bizarre. Even Circus-like.

One of the touted speakers was Dr. Jennifer Morse, who was introduced as a college professor who would address the group on the scientific basis for prohibiting same-sex marriage. She insisted that religious reasons were not necessary, because there were “bold” scientific reasons. My curiosity was piqued!

I was disappointed to say the least. Her ‘scientific’ opinion was that “Heterosexuality is Normal for our Species.”

Huh? That’s it?! Yup.

After a little research I discovered that our Scientific Doctor has a degree in Economics (not science, not sociology, not psychology, not family studies…). She runs the “Ruth Institute,” a NOM-Project, working with church and college youth groups, and the faith-based Acton Institute.

She then informed us of all the horrible things happening in Canada as a result of same-sex Marriage. Three times she referred to the strange land of “KWEE-beck.” Being a Californian, she apparently was unfamiliar with either the English or French pronunciation for the name of our neighboring Province, so she instead made it sound oddly remeniscent of the word “QUEER”.

She concluded by warning us about what lay ahead for the US. Soon, she said, we might have Language Police listening in on (and I kid you not…) the jocular statements made between guys in locker rooms after sporting events to make sure they complied with politically correct speech codes.

Such was the Scientific Approach. Then we were treated to a sermon by Thomas Peetz, the Pastor at the Pentecostal Word of Life Church in Concord. Detecting another out-of-state accent, I checked his church bio to see that he claims to come from “the nation’s heartland,” and studied under Kenneth E Hagin. Yes, the Health & Wealth Televangelist who claims that “It is always God's will that every believer be 'financially blessed' through faith…," and who, apparently, died three times and even went to hell on one of those trips. Pastor Peetz said, “I’d like to read from the Good Book…if I’m allowed to call it that,” in what became a constant, scripted litany for the rally: that religious people were being silenced. He then instructed us all that there is no ‘separation of church and state in the Constitution...that’s just in a letter Jefferson wrote.” He concluded his sermon by imploring the group that “What God hath joined together, let no man put asunder.”

I wonder if he realized the irony in that his purpose there today was to “put asunder” my lawful, Church-approved marriage.

NOM’s Director, Brian S. Brown, probably took top prize for bizarre logic today. Towards the end, he waxed eloquently about how Christian leaders throughout history stepped out and championed unpopular causes in the name of civil rights, from William Wilberforce’s fight against slavery to Dr. Martin Luther King’s marches for racial justice. He emphasized how these men were ridiculed even by other churches and by the public, but they fought and expanded decency and civil rights.

He then took a spasmodic leap in irrationality and claimed that these good works could not happen now, because Christians had been ‘silenced.’

Perhaps, being from out of state, he was blind to the logical, appropriate leap he SHOULD have made: that of Bishop V. Gene Robinson, who walked in the very tradition of those other leaders he mentioned in the fight for GLBT civil rights. It was not lost on those of us who live in New Hampshire.

One theme became very clear throughout the hour: no fewer than 16 times did speakers mention “the children,” or the effect of same-sex marriage on “children,” or depriving “children” of a mom and dad, or the primary purpose of marriage being to raise “children. And throughout the rally, Biblical and moral references were rampant…and the desire for a Theologically Appropriate response to Marriage Equality was the blatant, unabashed and constant undercurrent of this group.

New Fleur-de-Lis Tattoo (Courtesy, again, of Mom's of Keene, NH)

En solidarite avec les residents et les pecheurs da La Louisianne, qui ont suffert les catastrophes de l'hurricane Katrina et le deversement de l'huile; et pour touts mes Ours-amis Quebecois!

DOMA, Prop 8 and Appeals: Outcomes and Next Steps

Yesterday's holding by a Federal District Court Judge that DOMA is Unconstitutional is a big step...but not the end. This was a decision issued by a federal judge on a federal law, but only in a "local" (Massachusetts) case. The question remains of how we turn a Federal District Court holding into a national holding. It would be very unusual for the entire federal government to just roll over and say, "OK, we gotta change now, Congress was wrong on this" as a result of a single District Court holding.

In the best of all worlds, the decision would need to be appealed to (and affirmed by) the Appellate level (and maybe moved on certiorari to the Supreme Court) strictly on the 10th Amendement aspect of the holding, to create a national holding. The 10th Amendment specifically grants to the States the right to legislate in those areas not given Federal jurisdiction, and this was the legal basis for yesterday's decision: States, not the Federal Government, are the entities with authority to define Marriage. DOMA attempted to allow the Federal Government to ignore State Marriage laws that recognize same-sex unions.

Meanwhile, on the West Coast, another decision looms. California's Proposition 8 overturned same-sex marriage in that state, and the Proposition has been challenged on other federal grounds: this one, however, is not based on "State's Rights," but on the Equal Protection Clause of the 14th Amendment to the US Constitution. The specific holding of that trial - which could be released any day - may very well provide a second Federal ruling requiring clarification or appeal...which could accelerate the process.

I expect that, if appealed, the two cases would be joined at the Supreme Court.

Back to yesterday's DOMA ruling: This puts Obama in a very difficult position. On one hand, he could decide to support the Massachusetts District Court decision nationwide; this would be highly unusual, maybe even unprecedented. District Court level Judges issue rulings all the time, often contradictory with each other and almost never with national application overnight.

On the other hand, Obama's Justice Department could Appeal the Massachusetts ruling, thus angering the less-than-critically-thinking gay blogosphere that understands that it *won* at the District Court level.

Whatever Obama decides to do, he must articulate his reasoning WELL both publicly and "within" party and GLBT leadership so its clear what is going on.

BREAKING NEWS: Federal Court overturns DOMA!

From the Boston Globe:

Judge declares US gay-marriage ban is unconstitutional
July 8, 2010 05:21 PM
By Michael Levenson, Globe Staff

A federal district court judge in Boston today struck down a 1996 federal law that defines marriage as a union exclusively between a man and a woman, according to the office of state Attorney General Martha Coakley.

Judge Joseph L. Tauro, in a 36-page ruling that touched on the history of marriage laws, found that the federal Defense of Marriage Act violates Massachusetts’ right to recognize same-sex unions.

“This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status,” Tauro wrote. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the Tenth Amendment.”

We have argued in this blog strenuously and continuously that the Defense of Marriage Act is a violation of the 10th Amendment of the US Constitution. Family law, and the laws surrounding eligibility for Marriage, have ALWAYS been issues reserved to STATE governments, not the federal government.

Some states permit cousins to marry, while others do not; the federal government has historically and routinely accepted each individual state's declaration of what constitutes a valid marriage, even if that changes from state to state. DOMA was a clear violation of this principle...it also meant that legimately married same-sex couples were forced to lie on their Federal Income Tax, were ineligible for federal survivors benefits, and had to pay additional income tax if they places their spouse on their health insurance.

Ironically, conservatives - who normally support 10th Amendment States Rights arguements - ignored this violation....While Liberals - such as the regular posters on blogs such as Joe.My.God...constantly called me a "Tea-Partier" and "Right-Winger" because I used a 10th Amendment arguement against DOMA.

Well, Massachusetts Attorney General Martha Coakley made this arguement, and won her case in district court.

To be certain, this is not the end of the issue: this was a ruling at the Federal District Court level, which opens up the possibilities of appeals and wrangling before the Appeallate Court and even the US Supreme Court itself if the US Justice Department chooses to pursue this.

But time is in the side of Justice.

The Dark Side....

Waterboarding. The Patriot Act. Suspension of Habeus Corpus. Guantanamo Bay. National ID Card Legilsation. Arizona requiring 'papers' for internal mobility. Suspicionless searches. Civil "forfeiture." Kelo vs. New London. Victimless "crimes." Deep Water Drilling without emergency plans. Wall Street Bailouts. Foreign entaglements in Iraq and Afghanistan.

Anakin: "I think this war is destroying the principles of the Republic."

Padmé: "Have you ever considered that we may be on the wrong side?"

Anakin: "What do you mean?"

Padmé: "What if the democracy we thought we were serving no longer exists, and the Republic has become the very evil we've been fighting to destroy?"


Padme: "So this is how liberty dies... with thunderous applause."