Can the President refuse to defend a law?

After it was announced that the Obama Administration would no longer defend DOMA in court, Republican Massachusetts Senator Scott Brown had the following comment today:

"...We can't have presidents deciding what laws are constitutional and what laws are not. That is a function of the judicial branch, not the executive."

Brown is echoing what many Republicans have said. He is also betraying his own ignorance of the American political system. As a sitting United States Senator, that is rather sad.

In reality, *no* branch of government has been designated the specific function of declaring laws unconstitutional - not even the Judiciary. While it is often said the Judiciary fills that role, the fact is that nowhere does the US Constitution authorize the Supreme Court to do so. The seed of that 'authority' was planted in 1803, when the Court decided in Marbury vs. Madison that a Congressionally-enacted law was invalid due to its unconstitutionality.

However, the development of that authority within the Judiciary does not mean that other branches of government are free to ignore issues on Constitutionality. When the President takes his oath of office, he specifically swears the following:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

The President takes an oath to defend the US Constitution. He is not defending the Constitution if he or his administration are trying to preserve laws which violate that same Constitution.

The error Scott Brown makes - and one which many critics of Obama's decision are making - is the adoption of a simplistic view of government that ignores the overriding importance of the concept of the separation and balance of powers between the three branches of government.

On a simple level, it is often said that the Legislature "makes" the laws, and the Executive "carries out the laws." But that view skews the balance of power and makes it appear as if the President is merely a servant or administrator to Congress, whose only function is to do as he is told. Such a view sees the Legislature as superior to the President, and able to order him about to carry out their orders.

That is NOT how the structure of our national government was envisioned. Rather, it was conceived as being comprised of three separate branches, co-equal, each providing checks and balances to the others...and deliberately inefficient and inexact in the exercise of its powers. The ability of one branch to "check" another branch is one of the most basic features of the American System.

In 1788, within months of the adoption of the Constitution, James Madison, quoting the great political philosopher Baron de Montesquieu, wrote in Federalist Paper No. 47,

"When the legislative and executive powers are united in the same person or body," says he, "there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner."

In other words, when these two branches 'merge' - or when one branch of government has the authority both to create laws AND force them to be carried out - tyranny may result.

It IS the President's responsibility to defend the Constitution...just as it is the Legislature's responsibility, AND the Judiciary's responsibility. No branch of government is 'superior,' and none is merely a servant to carry out the wishes of the other.

We see this all the time in less controversial settings:

Congress passes a law, and the Supreme Court refuses to convict someone under it.

The President authorizes a program, and Congress refuses to authorize spending to carry it out.

A Legislature passes laws against smoking marijuana, and the Executive branch (Mayors, Police Departments) choose NOT to enforce that law during a huge rock concert.

A president nominates Judges and Cabinet Appointees, and the Senate refuses to vote them up or down.

This happens on a regular basis. There is nothing different in the present case. Congress passed a law, DOMA, that is clearly Unconstitutional on multiple levels. Several Courts have already held that DOMA is Unconstitutional. The President is merely carrying out his responsibilities under the US Constitution to defend that document against laws which violate both its letter and spirit. It is a messy system, but it is messy on purpose...and any effort to insist that the President merely do as Congress tells him is certainly as un-American as it gets.

BREAKING: Obama will not defend DOMA

US Attorney General Eric Holder has announced that the US will no longer defend Sec 3of DOMA (“Defense of Marriage Act”) in court. This section prevented the Federal Government (and is agencies, such as the IRS) from recognizing the legitimacy of same-sex marriages validly performed in the 5 states and District of Columbia where such marriages are legal, and resulted in tax and survivorship inequities. This means that for all practical purposes, the recent rulings by Federal Courts in the northeast holding DOMA to be an unconstitutional overreach of federal authority into state matters will stand.

From Holders statement:

“...After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit. We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation. I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option. The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation...”

Humanity, Love, and Heartbreak...

This post is for all who believe that "Gay Marriage" is not "real marriage," who believe that people with AIDS "get what they deserve," and who are so devoted to free markets in health care that they lose sight of humanity. If you read it prepare to have your heart ripped out. It was authored, and is reposted annually on this day, by Joe Jervis of Joe.My.God. (The Village Voice's choice as Best Blog in NYC)


I Will Hold You Ten Times

1. I will hold you, Daniel.

2. The lesions don't bother me, I will hold you.

3. I will pretend nothing is wrong when you want me to pretend and when you want me to hold you, I will hold you.

4. I will make plans with you to go to your favorite places that we both know you can no longer go and I will sit with you and look at your pictures of these places and I will hold you.

5. I will ride with you on the train to your doctor's office and when you get sick in the station, I will hold you.

6. I will see the Post-It notes you put all over the house reminding yourself to do everyday things like "Turn off stove" and "Lock front door" and I'll pretend the disease isn't robbing your mind and when you tell me something for the third time in ten minutes, I won't let you know, I will hold you.

7. I will go to Safeway with you because you need to get out into the world, and when the diarrhea overwhelms you and you shit your pants in the middle of the store, I will call us a cab and in the cab, I will hold you.

8. I will make you mix-tapes of our favorite songs from last summer, just like you asked me to, and when the memories make you sad instead of happy and you throw the tapes in the trash, I won't get angry, I will hold you.

9. I will sit up all night with you because the fevers and night sweats won't let you sleep. In the morning, I will change your drenched sheets and help you out of the shower and when you weep from the sight of your withered body in the mirror on the bathroom door, I will hold you.

10. I will hold you, Daniel.

Making sense of the NH Republicans...and the UNPUBLISHED poll....

In the wake of yesterday's election of Jack Kimball over Juliana Bergeron as New Hampshire State Republican Chair, many news articles have attempted to present this as a battle between "two sides." And in America, we tend to simply battles into just two sides: Republicans vs. Democrats, Packers vs. Bears, Yankees vs. Red Sox, Toby Keith vs. The Dixie Chicks. But the reality behind the scenes is that the state GOP can be divided into at least three different factions, and the direction the party - and the State - will take is a function of how those coalitions come together - or fall apart - on individual issues.

In brief, the three main factions are The Establishment Yankees, The Theocrats, and the Libertarians.

The Establishment Yankees are best represented by the House of Sununu and the House of Gregg, two Republican families that have dominated NH politics for 40 years. These two families provided State Party Chairs, Senators, Governors, and White House Advisors (Sununu The Elder was Bush the Elder's Chief of Staff). And while the Sununus tended towards very conservative politics, their base has been the old tyme Republicans who worked the polls in the past, provided the votes, and had moderate tendencies (The McCain - Romney faction)

The Theocrats are a vocal, blistering minority of social conservatives, most of whom have moved in from out of state. They belong to Bible, Pentecostal, and Independent Churches. The Home Educate in droves. They are Pro-Life. And they have found their voice in the Cornerstone Policy Institute and its mouthpiece, Ken Smith. They are both fiscal and social conservatives, but it is the social issues that inflame their passions and drive them to organize and campaign and vote. When choosing candidates, they are the ones most likely to ask in a knowing whisper, "Is he saved?"

The Libertarians draw from two sources: young, fresh blood, drawn to the Granite State by its traditional bent towards libertarianism and publicity from organizations such as the Free State Project and the New Hampshire Liberty Alliance (Not to be confused with the House Republican Alliance); and from old tyme Yankees who have rejected some of the 'entrenched' politics of the Establishment Houses (see above). This group is fiscally conservative...but quite socially tolerant, if not liberal. This is the faction within the GOP seeking to preserve Marriage Equality through a variety of approaches (including getting government out of marriage all together), and support medical marijuana (as well as outright decriminalization).

To muddy the waters, there are many news reports trumpeting the success of Tea Party favorite Jack Kimball. But the Tea Party movement, while united on fiscal issues, is extremely fractured on social issues, and does not speak with one voice (a mistake often made by those on the left when commenting on the Tea Party).

And so, the recent election fell along these lines:

Julia Bergeron, Chair of the Cheshire County GOP, who rose through the ranks working within and for the party. Unsurprisingly, she had the support of The Establishment, including most of the GOP Senators, 4 of 5 Executive Councillors, and the House of Sununu.

Jack Kimball, former candidate for Governor, businessman, and Tea Party activist.

But where did they stand on the issues?

Juliana Bergeron was seen by some as a 'moderate,' by others as a conservative...and Marriage Equality was the lightning rod issue. Bergeron was not very clear where she stood: she voted against including an anti-same-sex marriage plank in the state GOP platform, and afterwards stated, “I’m 100 percent for our platform, but we have to respect those who don’t agree with every portion of it..." But she also made statements such as, “I have never been a proponent of gay marriage; I support traditional marriage." Her attempt to negotiate a bitter feud between pro-Equality and Anti-Equality Republicans in the Town of Swanzey resulted in her being seen as 'liberal' on this issue: she lost the support of Cheshire Republican strongman (and former NH Christian Coalition Chair George Fellendorf), and could not secure the support of one of five Executive Councillors, David Wheeler of Milford, a hero of the Theocrat faction.

Kimball, on the other hand, who cut his teeth on fiscal, not social, issues, came out with this beaut: “I won’t tolerate our party deviating from its conservative platform,” he told NHJournal.com. “I plan to get involved in activities at the Statehouse if and when I think we are straying from our platform."

In getting elected, Kimball attempted to make his agreement with the socially conservative platform very clear.

However, his actions belie his words: He then said Thursday he would name abortion rights supporters and U.S. Senate candidates Bill Binnie, of New Castle, and Jim Bender, of Hollis, to co-chair the GOP Finance Committee. Binnie openly appealed to abortion rights supporters in his unsuccessful campaign for Senate, and while news reports claim that he supports the the state’s same-sex marriage law, he told your Blogger, to his face, that he opposed it.

In the end, Bergeron had the Establishment. Kimball had the Libertarians (who were suspicious of Bergeron's moderation on fiscal issues) and the Theocrats, who were unimpressed with the strength of her support for the social issues in the Platform...though it's not certain that Kimball's action will support his words.

It was a close vote: 222-199.

Now, the straw poll...the media are announcing Mitt Romney's win among the delegates (an Establishment win), even if they are ignoring Ron Paul's second place showing (a Libertarian win).

But the "other story" is the poll that is not being reported. Delegates were asked, in a second poll, to indicate ALL the candidates they could support. Here are the results:

Tim Pawlenty 46
Michele Bachmann 44
Mitt Romney 42
Rick Santorum 41
Sarah Palin 38
Ron Paul 38
Jim Demint 34
Mike Huckabee 29
Mike Pence 24
Paul Ryan 24
Gary Johnson 20
Rudy Guiliiani 20
Haley Barbour 19
Newt Gingrich 19
John Bolton 15
Judd Gregg 15
Joe Arpaio 12
Donald Trump 11
John Thune 10
Mitch Daniels 9
Herman Cain 8
Jon Huntsman, Jr. 6
George Pataki 5
Scott Brown 4
John Cornyn 2
Tom Tancredo 1
Steven King 1

Notice the cluster of hard-line social conservatives at the top of the list: Pawlenty, Bachmann [shudder], DeMint, Huckabee, Santorum, Palin.

Notice the Libertarians in the second tier: Paul, Johnson

Notice no one gets more than 1/3 of the delegates voting.

Any appearance of a united, monolithic NH Republican Party is a news media invention. Any announcement that the "Tea Party" has taken over is premature and unhelpful. The NH GOP remains divided between its three camps. In the short term there will be an unpredictable dance between these camps..in the long term, as The Establishment dies off and loses ground....we will see a war between social conservatives and social libertarians. Who knows how far off that was is...

The Ceilidh House: a personal retrospective on a special Pub

This past weekend, I got to take a brief trip to Albany, NY, to participate in an event sponsored by Bear Albany. "Bears," for those of you who may not know, are a 'subset' of the gay male 'community': a little (or a lot) heavier and hairier than the models you find on the cover of Mens Fitness or dancing in a g-string. "Bear Runs" take place just about every weekend of the year, all around the world, and each one serves as sort as a 'reunion-party.' Having been to many of these, I can say that "Bears" are the nicest, most 'normal,' accepting, easy-going, non-judgemental bunch of gay men you could ever meet.

Two bars, ROCKS, and the Water Works, served as host locations for this weekend, and at one of them, a familiar looking face came up to me and said,

"You know, the Ceilidh House changed my life."

Now, the Ceilidh House was a Celtic Pub that I co-owned in Westmoreland, NH from 2007-2008. It swiftly developed a very loyal, wonderful "fan base," people I still consider some of my best friends in the world. Friends who would clear tables if necessary, help new patrons figure out the quirks of the place, spend their money, and offer their support and friendship. They helped set up our musical events, and prepared party favors for New Years Eve. The Ceilidh House "regulars" became sort of a private 'Club,' and the Ceilidh House was their clubhouse. In the single instance where we had trouble with some young drunk punks who came in and gave me a hard time...it was a combination of employees and patrons who actually beat the crap out of them and sequestered them in the parking lot until the police - and the ambulance - arrived. I am incredibly grateful and have wonderful memories of that Pub.

The clientele was an eclectic mix: friends, singing compatriots, collegiates, local "townies," karaoke enthusiasts, celtophiles, music-lovers, rugby clubbers, an afterwork crowd from the city of Keene, and snowmobilers and cross-country skiiers who would happen upon our pub. And on one Wednesday evening a month, we sponsored Bear Night: with no gay bar anywhere within a 90 minute radius, The Ceilidh House became a meeting and reunion center of sorts for gay men from a three state area.

He continued:

"I never realized there were other guys out there like me. I used to drive 75 miles just to come on Bear Night, and stay over. It has changed the course of my entire future."

We hugged, and he and his friends disappeared among the 250+ men dancing to technoversions of Lady Gaga on the dance floor...

I can never quite figure out how to sort out my emotions when things like that happen. And it wasn't the first time. I often hear my friends refer to the "Ceilidh House" gang...and I am at a loss for words to describe the bittersweet mix of deep pain and fondness I instantly feel.

As the Ceilidh House entered its first winter, it was quite clear that its financial survival was very much in question...and equally clear that my business partner and I had less and less of the common vision we had when the Pub was launched.

The revenue was no where what had been represented to us as typical in the past before we signed the lease, even on our best nights.

The cost of rent and heating oil (for a three story uninsulated barn with living quarters in the basement) ate up a third of the monthly intake. It's location on a hilly, rural stretch of road often made winter weekend visits treacherous: a single freezing rain storm on the weekend would destroy our ability to make ends meet for that month.

My partner's approach to management was more that of a "landed proprietor" than a "working partner." I could not get him to arrange for the beer tanks to be filled, to put up a simple employee schedule, or to open or close on time. On our explosively packed opening weekend...he took off with a friend and left me alone to work the crowd. I would bartend or cook; he would learn neither, but insisted on hiring others. On our single most profitable party - Mardi Gras - he chose not to show up to help at all. He cut short a training session I arranged with him to balance the financial books, to go on a date. He refused to allow me to sell ownership shares to our loyal clientele to raise capital to get through the winters. Eventually, as revenues fell, costs increased, and the task of keeping the Pub afloat took its physical and emotional toll on me, it was clear we were not going to be able to work together.

And so, in March 2008, I relinquished my ownership position and never returned. Most of my patrons were shocked, and many of them continued to try and help the Ceilidh House survive.

And I was left in a terrible, no-win situation: I could explain to each and every person why I needed to leave, and why it would eventually close, and what the problems were - - but what would that accomplish? Sure, I could 'justify' my decision to leave, but I would be bad-mouthing a place that people loved, and which, to be honest, I hoped would survive. I had no right to hasten the Pub's demise by talking poorly about it, and I did not want to be blamed for seeking to destroy it through such talk.

And so, I said nothing to anybody.

It was one of the hardest things I have ever done. And in my mind, my friends - all those who had helped me for months and enjoyed the Ceilidh House - must have been hurt, insulted, and bewildered, wondering why I walked out on it all without so much as an explanation. But what could I say? It hurt, and still does, but I felt that the short-term pain would eventually give way to longer-term understanding.

Three months after I left, the Ceilidh House closed.

I have seen my recipes - some of which were unique to the Ceilidh House - show up in the menus of other area restaurants, and have smiled. Every former patron I meet, whether an 'old friend' or not, still speaks fondly of 'what we had.'

I lost money, and I left many good friends hurt and bewildered. But every once in a while, I have an unexpected experience like the one I had this weekend...and I realize, in the long run, in spite of the difficulties...it was all very, very good. I think the healing is finally complete.

The Tucson aftermath, civility, and freedom...

I don't expect many people to agree with this post...but that's never stopped me before.

Growing up, I remember some of the icons of the news reporting industry: Walter Cronkite. Peter Jennings. Edwin Newman. Ted Koppel. Chet Huntley. David Brinkley. John Chancellor. Roger Mudd. Tom Brokaw.

These reporters, though they they had their personal opinions, attempted to report news - information - with objective facts. Though often accused of being 'slanted' one way or another, they saw their jobs as providing information, and not entertaining or outright campaigning.

Today (with notable exceptions such as George Stephanopoulos and Robin Roberts), Americans don't seem to want to hear 'news.' We prefer to hear partisan, angry finger-pointing...and we are entertained by this. On the right, Fox News is stacked with talking heads who use anger and alienation to attract viewership. Glenn Beck, Bill O'Reilly, and Ann Coulter never let an opportunity pass to offer their opinion on the news without a good dose of outrage.

But the left is not immune from this. Keith Olberman is just as prone to name-calling and passionate rants as O'Reilly, and Rachel Maddow drips with disdain and self-righteous superiority as she discusses the right. Bloggers (and their reader's comments) on both the left and right regularly say things in print they would hesitate to say in a face-to-face situation.

The Internet has insulated us from the need for civility.

We have decided that we would rather be entertained by comedians posing as newscasters or have our opinions and passions "confirmed," than actually be informed by news and information.

In the wake of the Tucson shootings, many blogs and commentators have retreated into the Blame Game. Blogs on the left have ripped the right for the anger and hate that has emanated from some right-wing sites. But in so doing, they are blind to the fact that they themselves are engaged in the same thing: Divide, Blame, Marginalize, Disdain. Define "The Other Side" as evil, and affix the blame on THEM.

A child who taunts a dog every day is not blameless when one day the gate is open and the dog chooses to bite in return.

Partisan Division is a Two-Way Street, and BOTH the Left and the Right are equally guilty. The problem with the lack of civil discourse is not the "Other Side"....The problem is the Man in the Mirror.

But equally as troubling as this irresponsible, childish move away from "real news" are the recent calls to 'clamp down' on basic freedoms as a result of the shootings. Stricter Gun Control. Restrictions on "Hate Speech." Pima County, Arizona Sheriff Clarence Dupnik was right when he recognized the atmosphere of hate and division that the media has engendered...but the suggestion that free speech needs to be monitored or prohibited runs counter to the most basic of American freedoms.

The efforts to 'control' Americans have a parallel in "Star Wars": Senator Palpatine, speaking to the Senate, convinces them that the Republic is under attack...and to give him extraordinary powers to answer that threat. The eventual result, of course, is that Senator Palpatine becomes Emperor Palpatine, and the Republic becomes the Evil Empire...leading to the Rebellion.

The United States has always been a disorderly, raucous, free-wheeling nation. To quote Ben Franklin from the musical 1776, "we're less refined, more vulgar" than Europe. "We require a new nation."

It was a bad enough blow to liberty when the Patriot Act was enacted. Current calls to restrict speech and firearms ownership to preserve order at the expense of liberty is the slippery slope that moves us towards The Evil Empire. And once the Evil Empire is in place, the 'rebellion' will grow.

I fear we may be in a no-win situation here:

Calls grow for greater security.

Freedoms are reduced.

That encourages black-market and 'under the radar' activities. And it encourages Defiance.

Defiance speaks the language of Violence and Resistance.

Calls for Resistance increase the calls for greater security.

Those desiring Security and those desiring Liberty demonize the other side, and draw hard and fast lines.

The first American Civil War has clear geographic lines. I'm not sure how the next lines will be drawn.

I *do* know that I am tired of Republican AND Democratic partisanship, and the rhetoric of BOTH the left and the right...and am destined, I think, to wander an in an Independent wilderness for the rest of my life while my country decides who and what it wants to be, and how its going to get there...Ive had it with both "sides."

Birds...Fish...and John P. Wheeler.

[Update at end of post]

As a general rule, I'm not a conspiracy theory enthusiast. But I have to admit to some degree of uneasiness here.

New Years Eve, and 5,000 blackbirds and starlings fall from the sky in Arkansas. I don't buy the explanations that have been offered. "High Level" hail wouldn't be able to kill birds that roost in trees at night. Lightning might be the culprit...but meteorologists confirm that there wasn't any. Fireworks scared them all?! All 5,000? When Boston's 4th of July Esplanade cannons never killed one bird? Please, give me a break.

They were scooped up by guys in Hazmat suits, and spirited away to labs. Preliminary results are 'blunt trauma to, and bleeding of, their internal organs.' Of course, rat poison acts the same way: it causes bleeding of the internal organs.

New Years Eve, and the first of 100,000 fish begin washing up on the banks of an Arkansas river. Strange thing is, the fish kill is limited to a single kind of fish.

Yeah, it could be a coincidence. In fact, its quite likely. Except.....

New Years Eve, and the body of John P. Wheeler is found in a dump in Delaware. The cause of death is ruled a homicide. Wheeler was returning from Washington, D.C. His family didn't know precisely why, or when to expect him to return.

Who is Wheeler? A respected Army Officer and Vietnam Veteran who served as the guiding force and Chair of the Vietnam Veterans Memorial Fund from 1979 - 1989. Not only was that the time period during which "The Wall" was being planned and implemented...it was the height of the Agent Orange Trial.

By the mid 1980s, a class-action suit launched by Vietnam Vets against Monsanto, Dow, Diamond Shamrock, anda few smaller chemical companies had hit the federal court system. All these companies were involved in producing Agent Orange, a defoliating agent designed to strip the jungle of vegetation. In the process, the breakdown of the constituent chemicals of the substance (Di- and Trichlorophenoxiacetic Acid, otherwise known as 2,4 D and 2,4,5 T for short) crated Dioxin. Vietnam Vets exposed to the substance suffered everything from severe skin rashes (chloracne) to cancer and death...and their children experienced a range of horrible birth defects.

John "Jack" Wheeler was instrumental in demanding medical treatment for, and focusing attention on, Veterans health issues - especially those affected by Agent Orange.

I know. I worked for Dean, Falanga & Rose, one of the law firms that represented the Veterans at the time. My job involved reading through the deposition of Monsanto officials...and tracing how much the company officials actually knew about the poison they were selling. And how much the government knew about the poison they were buying and dumping on American soldiers. It was Ugly.

Jack Wheeler went on to serve multiple Presidential administrations. At one point, he authored a document on the US Military's use of Biochemical weapons.

The document concluded that the US must never engage in this type of warfare.

Sometime after Dec 28, Jack Wheeler left Washington DC on a train for his home in Delaware. He never got home. The experienced Army officer was ambushed, killed, and dumped in a landfill.

Did he know something? Was he warning Washington?

Was he threatening to blow a whistle on another government chemical 'experiment?,' or another Chemical Corporation-Government endeavor gone awry?

Perhaps. I have no way of knowing.

But I know I sure as hell will not accept pathetic stories about high-level hail or fireworks.

UPDATE:

Pine Bluff Finishes Chemical Weapons Disposal
Tuesday, Nov. 16, 2010

"...The Pine Bluff Arsenal in Arkansas on Friday finished destroying the very last of its chemical weapons stockpile, completing a five-year disposal process, the Associated Press reported.

Depot officials said a mustard blister agent-filled ton container was the last item to be incinerated.

"For more than 60 years, the Pine Bluff team stored approximately 3,850 tons of the nation's original chemical agent stockpile," U.S. Army Chemical Materials Agency Director Conrad Whyne said in comments released Monday. "Today the Pine Bluff stockpile has been safely disposed of. From the very beginning, employees at Pine Bluff and throughout the (agency) made safety the cornerstone of our chemical weapons stockpile storage and destruction missions."

Pine Bluff originally stored VX- and GB-filled rockets and VX nerve agent-filled land mines as well as mustard agent. The arsenal's chemical warfare materials at one time amounted to 12 percent of the nation's total chemical weapons stockpile. The weapons were destroyed in accordance with the Chemical Weapons Convention, which mandates that all chemical arms be eliminated by April 2012.

The depot will now turn to the work of retiring and rendering safe all chemical weapon destruction equipment, a process that is anticipated to last roughly two years. The depot also manufactures and assesses chemical agent protective gear.

Approximately 82 percent of the country's chemical arsenal has been eliminated, the Chemical Materials Agency said (Associated Press/Times Union, Nov. 15).

Does anyone think it is at all possible that there may have been an accident in the disposal process, or the burial process, of these biochemical weapons...located in the same place as the bird and fish kills...and that the military expert most likely to understand the events and repurcussions was demanding action from Washington (the expert who has been murdered)...while we continue to get pitiful explanatons about noise and hail causing these events?

2011: The Year for GLBT Federal Income Tax Civil Disobedience

For as long as there has been a federal income tax (1917), the federal government has asked taxpayers to indicate their marital status on their tax forms. Taxpayers need not prove their status, they need only swear that all the information contained on the form is true.

And so, come April 15, I, along with other gay and lesbian couples in New Hampshire and other states permitting same-sex marriage, will have a choice: we can check off "married" on page 1 of our 1040, and sign the bottom of page 2 in good conscience that our return is truthful, or we can call ourselves 'single,' and sign that statement, knowing that calling ourselves 'single' would be a patent lie under state law.

The choice, of course, has both legal and financial consequences: two people filing as married pay far less in federal income tax than those same two people filing as single, especially if there is a large income disparity between them. It is even worse when one spouse adds the other to their health insurance: gay and lesbian couples get taxed on "imputed income," the amount of the "additional income" that the federal government pretends we have based on the value of our spouse's health insurance policy. For an average middle-class working couple, this amounts to more than $3,000 annually in federal income tax.

The problem stems from "DOMA," the so-called "Defense of Marriage Act," a 1996 law that privides a federal government definition of marriage as only between a man and a woman.

Constitutionally, it is not the federal government's jurisdiction to define marriage. There is no federal Constitutional provision permitting a federal law in this arena. Marriage laws are very specifically creatures of state jurisdiction. In Rhode Island, first cousins can marry; In Illinois they can as long as they can not bear children; in Oregon they can if one was adopted; while in New Hampshire and Pennsylvania there is no first-cousin marriage permitted at all. The rules for who can and who can not get married are state-specific, and the federal government has always accepted the definitions of the states, even though they differed from state to state. By imposing DOMA, the federal government has involved itself in a sphere that is clearly not within it's own jurisdiction, but, under the 10th Amendment, "reserved to the states or to the people." At least one federal judge, in a case brought by the Commonwealth of Massachusetts, has ruled that DOMA is Unconstitutional for precisely the reasons we have been arguing in this blog.

And so, I am choosing to engage in an act of civil disobedience under federal law, because this year I will choose to answer my marital status honestly under state law, and I am asking other married gay and lesbian couples to join me.

One can only wonder how the Feds will choose to pursue this:

Nowhere on the federal income tax form do they request 'gender'.

Millions of Americans file Joint Income Tax returns annually.

Any effort by the IRS to root through millions of tax returns and try to determine genders would be a cost-prohibitive nightmare for them.

If every gay married couple that gets 'caught' files objections with the IRS and then takes them to court, citing the Unconstitutionality of DOMA, it is likely that the IRS court calendar with result in a logjam...and time is on our side as all the existing suits wind their way through the courts.

So, on April 15, I will be checking "married," and I will be signing a sworn oath that I have told the truth.

Let the feds argue in court that I was wrong for so doing. And while I will do it alone if necessary, I invite other couples in our situation to join us.

A Radical Christmas....

They crossed the border and snuck into another country. They did this, if course, because they were fleeing the law. She was an unwed mother with a 3-year old in tow; the man accompanying her, a cradle-robber many years her senior. As could be expected, they lived under the radar in poverty.

When her son grew older, his tendency was to hang around rough-talking, hot-headed fishermen and befriend prostitutes. He walked comfortably with lepers, more interested in shooting the sh*t with them than he was afraid of catching their disease. Clearly, he was not the product of Polite Society.

He would call respected religious leaders 'vipers,' and use physical force to destroy their business. He, and his cousin, and his band of vagrants would wander, homeless, from place to place living on handouts. A political radical, he brought attention to the plight of the poor, the diseased, the homeless, the immigrant, the single parent, the fatherless child. He embarrassed good people everywhere.

The government found him to be an anarchist, a revolutionary, a subversive, a malcontent, a trouble-maker.

Proper religious leaders rallied their followers in opposition to this disturber of the status quo and of sound theology.

And so, in accordance with civil order, and national security, and common decency, and the Rule of Law, he was executed.

Nonetheless...every warrior's boot used in battle and every garment rolled in blood will be destined for burning, and will be fuel for the fire. For unto us a Child is born; unto us a Son is given, and the government will be upon his shoulders. And he will be called Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace. (Isaiah 9:5, 6)

May you all have a Radical Christmas.

Open Letter to the US: Wikileaks & Free Speech

Open Letter to U.S. Government Officials Regarding Free Expression in the Wake of the Wikileaks Controversy

December 22, 2010

Dear Public Officials:

Last week, the House Judiciary Committee heard testimony from legal and free speech
experts about the possible application of the Espionage Act to the recent publication of secret documents by the whistle-blower website Wikileaks, as well as to traditional media outlets, Internet companies, and others who have also distributed and reported on that information. All seven witnesses cautioned against attempts to suppress free speech and criticized the overwhelming secrecy that permeates the United States government. We write to echo these concerns and applaud those who have spoken out against attempts to censor the Internet. We urge caution against any legislation that could weaken the principles of free expression vital to a democratic society or hamper online freedoms.

Unfortunately, some government officials have already attacked newspapers’ rights to
report on the releases by Wikileaks. Other government actors have made official and
unofficial statements casting doubt on the right of government employees and others to download, read, or even discuss documents published by Wikileaks or news reporting
based on those documents. Others have rashly proposed legislation that could limit the free speech of legitimate news reporting agencies well beyond Wikileaks.

These actions have created an atmosphere of fear and uncertainty among the general
public, leading them to question their rights with regard to the documents posted by
Wikileaks. As you continue to discuss these critically important issues, we urge you
to do so in a way that respects the constitutional rights of publishers and the public that have been recognized by the Supreme Court.

Specifically:

• Publishers have a First Amendment right to print truthful political information
free of prior restraint, as established in New York Times v. United States.

• Publishers are strongly protected by the First Amendment against liability for
publishing truthful political information that is lawfully obtained, even if the
original disclosure of that information to the publisher was unlawful, under
Bartnicki v. Vopper.

• Internet users have a First Amendment right to receive information, as repeatedly
endorsed by a series of Supreme Court cases, including Stanley v. Georgia.

• The public has a First Amendment right to voice opinions about government
activities. This is core political speech, which receives the highest protection
under the Constitution.

It will be especially critical for members of Congress to keep these rights in mind as they consider any future legislation that may impact freedom of expression. In a free country, the government cannot and does not have unlimited power to determine
what publishers can publish and what the public can read. As the robust public
debate about Wikileaks continues, please make sure that it includes the rights of all
involved.

Sincerely,

American Booksellers Foundation for Free Expression
American Civil Liberties Union
American Library Association
Arizona First Amendment Coalition
Association of Research Libraries
Bill of Rights Defense Committee
Bob Barr, Former Congressman and Chairman, Liberty Guard, Inc.
Center for Constitutional Rights
Center for Democracy and Technology
Center for Digital Democracy
Center for Financial Privacy and Human Rights
Communication Is Your Right!
Courage to Resist
Electronic Frontier Foundation
Feminists for Free Expression
First Amendment Coalition
Government Accountability Project
Liberty Coalition
Muslimah Writers Alliance
National Coalition Against Censorship
New America Foundation
New Media Rights
OpenTheGovernment.org
Privacy Activism
Privacy International
Privacy Rights Clearinghouse
Privacy Times
Progressive Librarians Guild
Sunlight Foundation
Tully Center for Free Speech at Syracuse University

DADT: It's Done. Vitriolic Theocrats: Exit Stage Right

Finally...after blogging about Lt. Dan Choi, Victor Fehrenbach, and dozens of other patriotic American service men and women who lost their jobs and pensions (if they didn't get killed or lose limbs first)....it's FINISHED. THANK YOU to the Democratic Leadership, and the 6 Republicans who voted to end debate and bring this to an end.

And of course, as expected, the anti-gay fund-raising letters and right-wing haters are just bubbling over with vitriol.

My favorite so far:

"...We will no longer be able to bail out these other emasculated armies because ours will now be feminized and neutered beyond repair, and there is no one left to bail us out. We have been permanently weakened as a military and as a nation by these misguided and treasonous Republican senators, and the world is now a more dangerous place for us all." - American Family Association hate group radio host Byran Fischer.

Mr. Fischer, I hope when you google your name and my blog pops up with your ignorant quote...that you take a long hard look at the accompanying picture. If these gay men are your definition of "feminized and neutered," you better take a long look in the mirror, buddy...

And oh, while you're at it...you can apologize the the thousands of women who have ably served our military and sacrificed for our nation...all without weakening our military one iota.

In fact, I'll bet any one of them could kick your ass.

Senate Choice:

House Roll-Call on "Don't Ask, Don't Tell"

Total Roll Call vote to repeal DADT: 250 Yes to 175 No, and 9 not voting.

Breakdown by Party:

Democrats: 235 Yes, 15 No, 5 Not Voting

Democrats Voting No: Boren, Bright, Childers, Critz, Davis (AL), Davis (TN), Marshall, McIntyre, Ortiz, Peterson, Rahall, Ross, Skelton, Tanner, and Taylor.

Democrats Not Voting: Baird, Berry, Cardoza, McCarthy (NY) and Woolsey.

All unnamed Democrats voted Yes.


Republicans: 15 Yes, 160 No, 4 Not Voting

Republicans Voting Yes: Biggert, Bono Mack, Campbell, Cao, Castle, Dent, Diaz-Balart, Djou, Dreier, Ehlers, Flake, Paul, Platts, Reichert, and Ros-Lehtinen.

Republicans Not Voting: Granger, Marchant, McMorris-Rodgers, Wamp

All unnamed Republicans voted No.

House approves repeal of Dont Ask Dont Tell: on to the Senate

By a vote of 250-175, The U.S. House of Representatives voted Wednesday afternoon to approve a measure to repeal “Don’t Ask, Don’t Tell.”

The House had previously approved repeal of DADT, but as part of a larger Defense Funding bill. The Funding bill is bogged down in the Senate, which by a vote of 57-40 last week was unable to cut off debate to take a vote. In a last-ditch effort, Rep. Patrick Murphy (D-Penn.), re-introduced DADT Repeal as a 'stand-alone' bill yesterday, and it was approved about an hour ago.

And while gay rights has been more controversial in the African-American community than among whites, Rep. Al Green (D-Texas), an African American, declared on the House floor,

“I don’t need a survey to tell me what’s right when it comes to human rights...We cannot have a first-class military with second-class soldiers...I will not ask people who are willing to die for my country to lie for my country.”

The same stand-alone bill will be debated in the Senate, where it has been introduced by Susan Collins (R-Maine), Joe Lieberman (I-Connecticut), Mark Udall (D-Colorado), and Kirsten Gillenbrand (D-NY). Supporters believe 60 votes for passage have been secured...and Dont Ask Dont Tell will come to an end.

As soon as we can verify the roll-call vote, we will post it

Tea Party Leader: Require Property Ownership for Voting

In my blog and in message board discussions concerning the Tea Party, I have been consistent in my predictions: The Tea Party has had strength because they have been unified in what they have opposed; but, when the time comes when they are forced to agree on what they are actually in favor of…, well, it is then, I predict, that the movement will fracture. It is far easier to agree on a common bogeyman than to agree on the solution or replacement for the bogeyman.

Tea Party Nation President Judson Phillips’ comments over the last two weeks on voting rights might just convince many Tea Partiers that they have signed on with a lunatic, and precipitate that fracture.

On the other hand, if the Tea Party rallies to his defence, we are in bigger trouble as a nation than I had ever dreamed.

On his Tea Party Nation internet radio program on November 17, Phillips said:

"The Founding Fathers originally said, they put certain restrictions on who gets the right to vote. It wasn't you were just a citizen and you got to vote. Some of the restrictions, you know, you obviously would not think about today. But one of those was you had to be a property owner. And that makes a lot of sense, because if you're a property owner you actually have a vested stake in the community. If you're not a property owner, you know, I'm sorry but property owners have a little bit more of a vested interest in the community than non-property owners”

I kid you not. His comments can be heard here:

http://www.youtube.com/watch?v=4j7yD94F9y4&feature=player_embedded#!
These comments are devoid of reason. Has he ever been to Manhattan, and seen city block upon city block of apartment buildings…places where thousands of people live in units rented from absentee landlords who live somewhere “roomier?’

Can he truly believe that these thousands of people have no interest in their communities? In their children’s schools, their garbage pickup, the traffic patterns in their neighborhoods, crime in the streets and subways they use to go to and from work, and their fire and police protection?

Who does he thinks serves on community boards and Parent-Teacher organizations and Parks Commissions? Landlords? Or the mere residents, the renters whom he feels have a lesser stake in their community?

Does he think they don’t pay sales taxes and income taxes and meals taxes every day?

It is unfathomable to me that a political leader would actually suggest this as a rational policy. This is the kind of thinking that lead to the Scottish Clearances and the Irish Famine in another century – the notion that ‘tenants’ were merely ‘problems.’

In an effort to make sense out of his statements, I thought perhaps he was simply putting himself in the place of an 18th century aristocrat, and explaining why they may have included property requirements for voting in the late 1700s.

But then, two days ago, Phillips sent out an e-mail designed to rally his supporters in response to the outcry about his comments. In it, he referred to a Property-owning requirement as a “wise idea”:

"A couple of weeks ago, on the Tea Party Nation radio show, I was talking with David DeGerolamo of NC Freedom about the Founding Fathers and the original Constitution. During the course of our discussion, I mentioned that the founding fathers limited voting rights to property owners. I commented this was a wise idea."

He made no retraction. No clarification. In fact, he confirmed his position. He then went on to criticize those who objected to his comments, saying that the “left went nuts,” “spastic” and “into hysteria.”

Not just the left, Mr. Phillips. Seniors in Nursing homes. College Students. Renters. Single parents living in shelters for the abused. Native Americans on Reservations. Grandparents living with their children. None of whom would qualify for voting rights in Mr. Phillips’ world.

Mr. Phillips seeks a wholesale evisceration of American democracy and the US Constitution, which permits no other qualifications for voting other than being a citizen 18 years of age or older.

No poll tax. No literacy test. No Property-ownership requirements.

And hopefully, no successful Tea Party efforts to change this.

Health Care: Can the GOP Prove it still has a Soul?

With Republicans poised to take control of the House of Representatives, there is little doubt that the recently-passed health care bill is up for, shall we say…”discussion.” The fact that Democrats continue to hold the Senate and White House also means that there is no run-away train here when it comes to passing – or repealing – legislation. A ‘divided’ government means that we can have two years of gridlock...or we can have statesmen from both sides of the aisle who actually work together to address the nation’s ills.

Eric Cantor, set to become the new Republican House Majority leader, has suggested in the last few days that the Republican Party, while looking to repeal “Obamacare,” may also offer revisions and additions to the bill rather than just repealing it and walking away. In this statement, there is the faintest glimmer of hope that America could actually end up with a better law.

Tea Party darling (and complete lunatic) Michele Bachmann (R-MN) has already gone on the offense, stating to the Christian News Service,

“…I think there needs to be an insurrection here in Washington, D.C., against our own [Republican] leadership, because that is the message that's come loud and clear out of this election: a full-scale repudiation and rejection of the federal government takeover of private industry…If we want to replace ["obamacare"] with Obamacare-lite where the government comes in and tries to have interventionist policies, we are going to continue to see failure…”

Bachmann represents everything that has gone wrong with the Republican Party: extremism, ignorance, mean-spiritedness, an elevation of ivory-tower theory over people and reality, and a slash-and-burn, rule-or-ruin style of governance.

For all its flaws, the Democrats got several things very right with the Health Care Bill: A new McClatchy Newspapers/Marist survey found that 68% of respondents favor allowing people under the age of 26 to be covered by their parents' plans, and 60% want to deny insurance companies the right to turn people down for coverage on the basis of pre-existing conditions. Permitting insurers to refuse coverage for pre-existing conditions is a pocket-lining win for corporate insurance at the expense of struggling families.

The entire theory behind insurance is that everyone goes into the ‘pool’, and those at greater risk are subsidized by ratepayers who pay more than they take from the system.

Seven hundred years ago, ship merchants in the Baltic Sea were besieged by Vikings; they got through that period by pooling their risk and cargoes, thus creating the first known insurance pool (The “Hanseatic League”). Those merchants who were set upon by Vikings were not ‘ruined,’ but rather, participated in the profits of the ships that did successfully reach port. That is the theory behind insurance: sharing the risk increases the chances that all will survive horrible mishaps. When Insurers are permitted to cut off newborn babies born with birth defects, or refuse to cover spouses with crippling diseases, they are throwing the ‘bad risks’ overboard; it is no longer an insurance pool, but a cartel of the healthy for the profit of the insurer.

Contrary to Bachmann’s blind quasi-religious belief in the existence of perfect markets in health care, we must acknowledge that there *is* a problem in terms of affordable access to health care for many Americans. With 10% of the Labor Force out of work, an additional 10% “underemployed,” and youth, stay-at-home parents, part-time workers, the disabled, many immigrants, and the homeless not included in those figures, estimates range from 30 to 50 million Americans living without health insurance. That means somewhere between 10% and 15% of Americans living on the edge of ruin or death at the instance of a single serious mishap or disease. The compassion of a civilized society rejects, "hell, tough on them!" as an acceptable response.

Republicans must be convinced to keep these two provisions of the health care bill, as well as an end to lifetime caps, or suffer the consequences at the ballot box two years hence.

In addition, this is an opportunity to make improvements to the existing bill. Those improvements could include the following:

1) Permit non-profit regional or state groups to form for the purpose of buying health insurance. Sounds simple, isn't it? But it's illegal under IRS Rule 501(m). Individuals can *not,* under existing law, form 'groups' whose primary purpose is purchasing group health insurance. (Groups may form for business or fraternal purposes, and then choose to buy insurance as an incidental benefit, but they can not form for no other reason than to buy insurance). End this prohibition, let competition ensue, and there will be no need for the single Federal Government Insurance company the Republicans fear.

2) End State-granted Insurance Monopolies. The Federal Government has the authority to regulate Interstate Commerce, and since people may get sick *anywhere* and request their insurer to cover it, this is clearly federal jurisdiction. Blow open the lid on Insurer Competition across state lines.

3) Enact Tort and Medical Malpractice Reform. It was reported 6 years ago that an OB-GYN doctor in Massachusetts has to deliver EIGHTY-FIVE babies just to cover malpractice insurance premiums for a year. Worse, 5% of doctors are responsible for 95% of malpractice claims, raising all doctor's and hospital's premiums. Limit Malpractice Awards, raise the negligence standards (so hospitals don’t need to run costly and unnecessary tests), and relieve the 95% of decent doctors from paying the premiums of the 5% convicted of malpractice.

4) Eliminate the FDA's Efficacy test, especially for terminal patients. Currently, the FDA requires that pharmaceutical companies prove that their drugs meet two tests: they must prove safe, and they must be 'efficacious,' that is, they must be proven to cure the condition they claim to address in virtually 100% of patients. This is a costly and inconclusive standard: people react differently to different substances. The peanut butter that fed me through high school will kill someone with an allergy; let *Doctors* decide what to prescribe, with the understanding that the idiosyncrasies of individual patients means that results WILL be different with different drugs. And while we’re at it, permit the medical production, possession, and use of cannabis.

5) Engage in Multi-national agreements with other nations to accept their pharmaceuticals and increase competition. The refusal of the US FDA to permit the importation of Canadian pharmaceuticals is insane. An individual can come to the US from France, or Britain, or Mali, or India, and providing only a driver's license from their own nation, get behind the wheel of a 6,000 pound rental car and take off minutes after landing - even if they don't speak English or have never driven on the right side of the road. And yet, if a pharmaceutical company goes through hundreds of thousands of test subjects in Germany, or Britain, or Canada, the results are not considered 'valid' in the US. Now, realistically, which is more dangerous: the driver, or a drug produced in Canada?

6) Permit every American to have a Medical Savings Account. Currently, Government workers and some self-employed people can utilize a Medical Savings Account which permits them to cover medical costs using a credit-card-like card. These citizens have a certain amount of money deducted from their paychecks, and go into an account for medical expenses: prescription drugs, eyeglasses, dental work, and even over the counter remedies. These deductions are pre-tax, meaning it lowers the person's gross income, lowering their tax and even possibly dropping them into a lower tax bracket. Better yet, these workers can 'borrow' against future deductions if they incur expenses early in the year at no interest expense. If government workers are allowed these accounts, why not ALL Americans?

7) Repeal DOMA and the Internal Revenue Service Imputed Income provisions. The Internal Revenue Service requires that employers report the value of health insurance benefits provided to non-traditional partners: registered domestic partnerships, civil unions, and some marriages. The value of this 'benefit' results in greater employee taxes - often as much as $3,000 annually. This creates a disincentive for employees in the majority of states where thee benefits exist to actually cover their partners...who then go uninsured, or who qualify for taxpayer funded low-income health programs in the states. ALL of these partners can be better served, with better insurance, at no taxpayer expense, if the IRS would stop punishing otherwise economically viable households based on their formal definition of 'federal marital status.'

The PROBLEM with the Pentagon's DADT Report...

Upon the release of the Pentagon's survey of military men and women, President Obama commented:

"...Today's report confirms that a strong majority of our military men and women and their families - more than two thirds - are prepared to serve alongside Americans who are openly gay and lesbian..."

Those who have supported the repeal of the "Don't-Ask-Don't-Tell" rule have pointed to this study as some sort of Holy Grail, proof that our enlisted men and women themselves are in support, by a wide margin, of ending the policy. And, I suppose, those who have always opposed ending DADT will argue that the survey was not worded correctly, that one-third opposition is still an enormous number of people, that things should not change until after "the war." (Which war? Iraq? Afghanistan? The war Against Terror? the War against Drugs? The brewing one in Korea? A strike against Iran's nuclear reactor?)

But all of this media spin and cheering and questioning of the Pentagon Report seems to ignore one central, critical fact:

Since when are civil and human rights in the United States determined by popular vote?

In the 1940s, President Harry S. Truman, as Commander-in-Chief of the Armed Forces, ended racial segregation in the military with a single pen stroke (not an act of Congress, not a public debate, not a Special Study by the Pentagon) - but in his Constitutional capacity as Commander-in-Chief. And this, during a time when housing, and restaurants, and hotels, and even public schools, in both the south AND the north - were still racially segregated.

Imagine if he had waited for a Popularity Poll to come out of the Pentagon before acting. I expect he could have made an Obama-like announcement:

"Today's report confirms that a strong majority of our military men and women and their families - more than two thirds - are not prepared to serve alongside Americans who are Black or Latino. Therefore, we will keep segregated barracks and bases as they are."

At least one Federal Court has already ruled that DADT is clearly Unconstitutional.

“The act discriminates based on the content of the speech being regulated...It distinguishes between speech regarding sexual orientation, and inevitably, family relationships and daily activities, by and about gay and lesbian service members, which is banned, and speech on those subjects by and about heterosexual service members, which is permitted,” wrote Justice Virginia A. Phillips, in an 85 page ruling in a case that took six years just to be heard.

Well, dammit, if it's Unconstitutional, I really don't care about popular opinions or Pentagon Polls.

We didn't poll white water-fountain patrons before deciding that separate Water Fountains for Whites and Colored was unconstitutional.

We don't poll pacifists to find out how they would 'feel' if someone in their neighborhood wants to own a rifle.

We don't ask permission from a largely Christian community to build a synagogue in their town.

We don't seek majority approval before agreeing to give an accused rapist the right to take the 5th Amendment.

Ahhhh, you say..."but the military is different!"

No, it's NOT.

In the Declaration of Independence, our founding fathers carefully set out their grievances with the British Crown. One of the prominent complaints they had against King George was this:

"...He has affected to render the military independent of, and superior to, the civil power."

In other words, our founders were clear in their desire that the Military not be independent of, nor superior to, civil authority...something we have routinely ignored in the name of "national defense," and something which has enabled us to send our young men and women around the world in a fools errand at policing and empire building.

I really don't care what the Pentagon survey said. It is immaterial. Constitutional Rights in this country are based in Law for the purpose of securing Liberty, and NOT in popular opinion or mob rule.

"My Obama" (LaBamba Parody)

via WickedGayBlog (Thanks Dave!)

Judge: American GIs should "convert" Lesbians

I've heard the hate spewing from the megaphones of NOM and off of the fundraising letters of "Focus on the Family." And just when I thought I couldn't possibly read or hear anything worse than I've already heard...along comes part-time Hamilton County (TN) magistrate Joseph Rehyansky. Writing in a column for the "Daily Caller" titled, "Don't hint, Don't wink: An Immodest Proposal," Rehyansky argued for the inclusion of lesbians in the military, but the exclusion of gay men. His 'reasoning' (I shudder to even use that word) sets a new low in the conversation on Don't Ask Don't Tell...and is nothing short of horrifying coming from the pen (it wasn't even a verbal slip) of a man who is a Judge.

Regarding lesbians in military service, Rehyansky wrote, "...it is an open secret that they [lesbians] do well in the calling, especially in medical and administrative specialties. I am certain that I knew some during my 20 years in the Army, although I didn’t ask and they didn’t tell..." But then he offered his final solution to the 'problem' of having these positive public servants: "...My solution would get the distaff part of our homosexual population off our collective ‘Broke Back,’ thus giving straight male GIs a fair shot at converting lesbians and bringing them into the mainstream.”

In other words, if we can stop all those gay men from whining about equality, we can let our red-blooded straight American Soldiers screw all those confused lesbians straight.

Corrective rape. How utterly....18th Century. If that.

On the other hand, Mr. Rehyansky sees no hope for Gay Men at all:.

He writes, "...gays spread disease at a rate out of all proportion to their numbers in our population and should be excluded from the military..."

Ummm...Did Mr. Rehyansky forget about what actually went on the medics office during the decades he himself served in the military? Did he forget the warnings and 'protection packs' offered to military members before going on leave? Is he unaware that syphilis, followed by other STDs, is the number one 'condition' treated by Navy Medics? And that vasectomies are the number one outpatient operation performed at military hospitals? And that these, generally, all involve those red-blooded, straight American soldiers (the same ones he wants to go rape the lesbians into submission and straightness?)

Not willing to deal with military heroes like Col. Victor Fehrenbach and Lt. Dan Choi who stand to lose their pensions and careers, Rehyansky then goes on to attack gay mens' contributions in the military.

"Kinsey’s notorious World War II-era study concluded," he writes, "that about 10% of adult males in the United States were homosexual. Never considered in his study was the fact that most able-bodied American male heterosexuals were elsewhere, serving as part of The Greatest Generation...

Ah. Straight Warriors. Gay Pansies. Straight men go to war and gay men stay home. If that's the case, why are 'gays in the military' any issue at all? There wouldn't be any, would there?

Finally, he brings up the locker room.

"It’s been a long time since I was required to shower among 40 or so friends, acquaintances, and virtual strangers...Forty-two years after the fact, I no longer have a clear recollection of the experience, so it must not have made much of an impression on me. I’m certain I would have vivid memories of the experience if my shower-mates had been potential sexual partners....shouldn’t the overwhelmingly straight warriors who answer their county’s call be spared the indignity of showering with other men who achieve lascivious enjoyment from the sight of those lithe naked bodies...?"

The point, Mr. Rehyansky, is NOT that there were no gay men in your locker room. The point is that there most likely were, and it was no big deal - not then, not now.

And let's face it, Judge...some of those very straight men engage in some very lascivious conduct in those very locker rooms. Perhaps that's why "Dont Tell.." is such a threat to so many....

This "Judge" can't figure out whether gay men in the military are few and far between (because they are not inclined to military service), or whether they are so numerous that they may spread a health risk throughout the service (because they are having sex with ....who?)

He can't explain why stating one is gay makes one more likely to spread disease while keeping it hidden will also keep the STD hidden.

He can't explain the logical inconsistency of an article where he writes for three paragraphs about gay mens' promiscuity, while at the same time concluding that straight GIs be promiscuous with lesbians to 'correct' them.

This man represents Blind Justice? This man delivers judicial decisions from the Bench?

God help the citizens of Hamilton County, Tennessee...

My Annual Thanksgiving Post

A brief video clip of my all-time favorite Thanksgiving story...and an absolute MUST for anyone who has adopted children from abroad, anyone who immigrated to America, anyone whose ancestors immigrated to America...and anyone conscious of the current immigration controversies in American politics. This is a short video, but the entire book is readily available in stores and online, and is titled, "How Many Days to America: A Thanksgiving Story," by Eve Bunting.

Happy Thanksgiving, everybody!!!


The New Colossus
Not like the brazen giant of Greek fame,

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

"Keep ancient lands, your storied pomp!" cries she

With silent lips. "Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!"

3 Lessons from the TSA Horror Stories

The stories have gone viral, and we hardly have to repeat what has been covered by every major news channel: The pleas of Thomas Sawyer, a 61-year old Bladder Cancer survivor with a Urostomy (an external bag collecting urine), are ignored by TSA agents who break his bag and leave him in tears and covered in his own urine. Cathy Bossy, a 32-year old Breast Cancer survivor, is forced to remove her prosthetic breast. A three year old is subjected to a full-body pat down because she cried when Agents attempted to take her teddy bear away from her to go through the metal detector. Gurdeep Bawa, a religious Sikh, is forced to remove his turban and watch it manhandled, even though he had passed both a metal detector and a detectives trace detection test.

In an effort to prevent terrorism on the airlines, the 'experience' of airline travel has clearly changed in the last decade...and the public debate between those who would preserve privacy, and those who would insist on security, is at fever pitch. Now, to be 100% honest, I have a perverse desire to wear some type of leather-and-metal masochistic contraption on my 'junk' just to watch some TSA agent have to deal with it. But many Americans (more Normal than me) have called for a massive protest on Wednesday ("National Opt-Out Day"), to overwhelm the government security operations on one of the busiest travel days of the year. As expected, the TSA, and some news commentators, are warning against such an action.

We draw 3 conclusions from this entire episode:

1) American officials need a lesson in Marginal Analysis (Microeconomics 101).

On the first day of Micro class, I ask my students if they think that protecting children is important. Of course, they respond in the affirmative. Then I ask them if ski slopes that permit children to ski should be forced to bubble-wrap all the trees on the slope...after all, if children's lives are important, shouldn't we do everything in our power to make it safer...even just a little bit? Eventually, students come around to reconciling their concern for children with their recognition of the innate, if unstated, concept of Marginal Analysis: the question is NOT "Don't you want children to be safe?," but rather, "What are the costs and benefits of the next proposed action?"

This applies to *every* public policy debate. Yes, children's education is important...that doesn't mean every school should have a 1:1 teacher-student ratio. Yes, fire protection is important...that doesn't mean there should be a firehouse on every block. Yes, rescuing fishermen whose boats have gone down is important...that doesn't mean the Coast Guard should be searching 6 months later.

And the same reasoning applies to Airline Security. The question is NOT, "Is airline security important?" (Of course it is). The question is, "What are the costs and benefits associated with this additional step." People who defend the TSA's actions based on the broad concept of "the importance of security" are simply not thinking this through.

According to the TSA, only 3% of airline passengers are subjected to "enhanced" security searches. How much additional safety do we all experience as a result of a process that is only used on 3% of passengers?! The fact is, the additional benefits are dwarfed by the additional costs associated by this procedure: costs in equipment, personnel, delays, and public outrage. Standard Marginal Analysis would suggest that the TSA's efforts are a sure loser (and while children are being stripped at the gates, al qaeda is circumventing this process entirely by planting bombs in cargo holds).

2) The Terrorists have Won. Beginning with waterboarding and continuing through Guantanamo Bay, the suspending of habaeus corpus, and the Patriot Act, from Bush through Obama, constitutional guarantees have been shredded.

The Fourth Amendment of the Constitution reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Patting down a 3-year old is now "reasonable?" Removing a prosthetic breast is "reasonable?" Breaking an American's Urostomy bag is consistent with being "secure in their persons?"

In the name of Security, the Fourth Amendment has been rendered 'voidable' by our federal government. The Terrorists, who have a deep-seated hatred for American civil liberties, have succeeded in eliminating one of our most important rights...and sadly, many Americans go along in the name of 'security.'

3) Obama is Clueless. President Obama's detached, passionless leadership style has hurt both his Presidency and the Democratic Party. The high-falutin,' tortured, bureaucratic gobbledy-gook emanating from the White House in response to the public outcry is remarkable for its total lack of any hint of empathy. The President should have immediately joined in the outrage over the abuse to cancer survivors and children named above, and declared that he was ordering changes to TSA policy...instead, what we received was an into-the-air comment about 'evolving policy.'

Sigh.....Where is the sign up sheet for "Hillary in 2012?" A

And in the meantime, dammit - if you're flying on Wednesday - get there early, stand up for reason and for your rights as an American, and join the National Opt-Out Day

Icon of St. Columba

This is my first attempt at painting a religious Icon. St. Columba (or "Colmcille," in Gaelic) lived from 521-597 AD and founded the monestaries at Kells, Ireland, and on the Island of Iona off of the western coast of Scotland. Both monestaries were known for their production and protection of early Christian illustrated manuscripts, including the Book of Kells which is currently housed at Trinity College in Dublin.

This icon was initally fashioned after an original prototype by Maria Elchaninov-Struve. I began it in March of 2010 under the tutelage of Iconographer Kerry Wiederspahn, and finished it today. It is painted using egg tempera on a gesso-covered board, and the water used throughout was water I had collected from St. Columba's well in Kells, Ireland about six years ago.

The entire process was an incredible moving, spiritual experience. The Saint "emerged" as Icon transitioned from a'blank slate,' to pigments floating on water ("the Spirit of God hovered over the waters...") , to the initial shapes, final colors, and addition of "light" emanating from the rocks and Saint himself. This was only the first Icon of what I hope will be a life-long endeavor.

I did feel led to make some changes to the initial prototype:

Columba's staff has been made into a rustic crozier, symbolic of his status of Abbot;

He is holding an illustrated manuscript under his arm;

The traditional Greek letters "IX CX" (Jesus Christ) have been replaced with Gaelic "T I C" (Tighearna Iosa Criosd, or "Lord Jesus Christ");

Visible Celtic knots have been 'carved' into the Standing Cross;

I have added the name "Naomh Colmcille" at the top (Gaelic for "Saint Columba");

I have kept 'pock-marks' in the gesso surface, representative of the rocky ground and rock structures on the Island of Iona; and

The entire icon is framed in green, the traditional iconographic color for nature and growth.

While deeply appreciative of the eastern orthodox spiritual exercise of 'writing' icons, I am a western Christian, and feel a bit less contrained by Byzantine, Greek, and Russian rules. My apologies to those who may find offense in this.

Prayer of Saint Columba

Let me bless almighty God,
whose power extends over sea and land,
whose angels watch over all.

Let me study sacred books to calm my soul:
I pray for peace,
kneeling at heaven's gates.

Let me do my daily work,
gathering seaweed, catching fish,
giving food to the poor.

Let me say my daily prayers,
sometimes chanting, sometimes quiet,
always thanking God.

Delightful it is to live
on a peaceful isle, in a quiet cell,
serving the King of kings.

James Carville on DADT...

Sometimes I have to have my Cajun husband translate what Carville says, but I needed no help with this one!:

"If Hillary gave up one of her balls and gave it to Obama, he'd have two." - Democratic strategist James Carville, speaking about the president's commitment to the repeal of DADT. After Carville's comment was widely criticized, he fired back: "If I offended anybody, I am not sorry and I do not apologize."

GO JAMES!!!!

via WickedGayBlog, via JMG

Jeff Sheng's poignant DADT exhibit

The Federal Reserve and Goldman Sachs.....

The Debt Reduction Commission, Part 2: Social Security

In a previous post, we addressed this commission's proposals for changes to the federal income tax. We generally agreed with them, and suggested they should even a bit bolder. In this post, we will revisit a topic I have blogged on at least twice before...the "social security" system.

Facing the prospect of a bubble of "baby-boomer" retirees, longer life expectancies (with higher medical costs), and fewer young workers paying taxes to support them...addressing this looming crisis is long overdue. The Obama Commission, in it's preliminary stages, has suggested the following:

1) Cost-of-living increases would be reduced for seniors (these increases are currently tied to the Consumer Price Index, which measures inflation. This year seniors received a big fat zero.)

2) Social Security benefits would be adjusted based on recipients’ incomes. Most retirees would receive less, but those with lower overall incomes would receive more.

3) Gradually raising the retirement age for full benefits from 67 to 69 — though not until 2075 (It would appear that this element is drawing the most fire so far)

4) More of workers’ incomes would be subject to Social Security taxes. Currently, workers are only taxed (at 7.65%) on their first $106,000 of income. In order to close the funding ga, the Commission is likely to propose raising this to $190,000. While this might seem prudent at first glance, many forget that businesses must match their employees social security contributions...and in the current economy (hell, ANY economy), this is a price too high for many businesses to absorb.

On this set of recommendations, we must disagree with the Commission's suggestions. To be fair, they deserve applause for tackling perhaps the most sacred of all sacred cows in the US. However, their approach still amounts to treating a compound fracture by wrapping it up in gauze.And so once again, we are lead to ask:

"If the Social Security System is such a good deal, why are thousands of federal and state government employees exempt from being involved in it? Why have they chosen federal and state pension systems, and private retirement options instead?"

And why haven’t the rest of America’s workers had that right? If we can cut through the political rhetoric, we might just be able to give our kids and grandkids better choices than we have had.

Social Security is a financial time bomb as a natural result of changing demographics. And the single biggest problem is how it is funded: current workers pay for current retirees. When today’s worker pays social security tax, it does not go into a ‘safe place’ to be held for his future retirement; rather, it is used to fund the checks of current retirees. As the Social Security system currently operates, that means that today’s workers will have to rely on their grandchildren’s taxes for retirement income.

When this system was devised more than eighty years ago, there were forty working people for each retiree. Today, as family size shrinks, that ratio is approaching only two young workers for every retiree. In the 1930s, the average life expectancy was only sixty-five; today, we have two generations of retirees living into the eighties and nineties. That means that as originally conceived, forty young people supported one senior for a relatively short period of time. It was seen as a caring social responsibility. But in today’s world, that means two young workers will need to support themselves, their family, and a retiree for almost twenty years. That’s neither ‘caring’ nor ‘socially responsible.’

In fact, it is the opposite: it is socially irresponsible because we are turning our grandchildren into indentured servants with a tax burden that can not be sustained, while asking our seniors to work longer and live on less.

In addition, one of the most distressing trends in America is the growing wealth disparity between the wealthy and poor. The Federal Reserve has found that the difference in median net wealth between the richest and poorest jumped 20% between 1998 and 2001 alone...and that was before the current unemployment mess.

Worse is the dirty little social security 'secret': The gap between whites and blacks has grown 21% , and the social security system has played a significant role in that widening gap. 52% of Americans invest privately, but the poorest, after paying for clothing, housing, food, transportation and medical care, have little or nothing left to invest. Yet, they are forced to pay 7.65% of their income as a social security tax. This worker may pay this tax for 40 years, but if he dies without minor children or a spouse over 65, none of that money passes to his heirs.

In essence, the current system robs the poor of their ability to get ahead. One in three African-American men will die without ever collecting a cent of social security, and with no investment inheritance to pass along, in spite of paying a compulsory retirement tax his entire life.

Personal Lifelong Investment Accounts are the answer to these inequities.

Workers should have the right to invest their own money, long-term, in their own accounts, so they may collect interest and bequeath their funds should they predecease their spouse. Retirement should be something that people work for and save for throughout their lifetime...not a tax on the next generation.

We are not suggesting that people place all their retirement funds in a single gamble (the “Enron” scare tactic.) Rather, investments should be placed in a highly-diverse, long-term, broad basket of stocks, bonds, and mutual funds that easily survive even should one company have trouble – precisely the plan that I, as a State employee, have the right to do.

Yes, the market has ups and downs. But no one planning to retire in 2010 begins by starting to invest in 2005. Long-term investments in the market have always yielded significant results, and retirement is a long-term process. Just as workers currently must pay a tax today to fund a check tomorrow, so may they be required to save today in an IRA that will garner growth, interest, and dividends over the course of the next 30 years. And yes, the federal government could and should continue to provide a safety net to guarantee a minimum income for ALL seniors.

Those who would seek to ‘save’ the current social security system always choose to accomplish that task through using coercion: they would tell you when you may retire, what your benefits would be, how much you would pay in taxes, and how much you would receive and on what schedule when you retire. It presupposes that government can somehow decide what is best for you. In a nation like Chile, workers decide how much they will put aside, when they will retire, where and how their money is invested, and what payment schedule they would prefer upon retirement. If they should pre-decease their retirement, their account still belongs to their estate, and their family is not left at the mercy of government payments. Returns on Chilean workers’ money has averaged 13%, far more than Americans can ever hope to make back on their social security contributions.

No wonder US government workers have permitted themselves to opt out of Social Security. It's time that right was given to the rest of America as well.