Cherry Grove vs. Fire Island Pines

[2013 Update at end of post...]
 
Growing up as a Long Island beach bum, Fire Island was never too far away, and for many years I worked up a full-body tan at Lighthouse Beach in Kismet. But this Memorial Day Weekend, my boyfriend and I decided to make the ultimate gay men’s beach pilgrimage to the more ‘fabulous’ communities on the island, and took an early morning ferry over to Cherry Grove. What follows are the experiences and reactions of two middle-aged Fire Island ‘virgins.’

After disembarking, we followed the boardwalk to the Grove Hotel, a complex that includes the Ice Palace dance club, pool and poolside bar, beach store, and pizza parlor. We had no reservations, but walked into the ‘lobby’ and were rented a room. The office staff introduced themselves by name, and set the ‘atmosphere’ for what would be a very laid-back, ‘no-problem,’ relaxed location. While the hotel itself bears the salt-blasted, foot-worn, not-quite-level, and dry-rotted evidence of an old wooden family resort, our room was clean, roomy, bright, and we thought, quite a bargain.

That day, there were several drag-queen lead events taking place at poolside. We tend to be more ‘at home’ with a Bear-crowd, and decided to skip the Queen events and head out to the beach for the day. But I need to add that while there is a century-long love affair between The Grove and its Drag Queens, the population that weekend was entirely diverse: Queens, bears, twinks, young, old, black, white, hippies and preppies, lesbians, and liberal-minded straight couples with their children all mingling together on the narrow boardwalks and the beachfront for the weekend. Our nakedness on the beach in the middle of all this was pretty much ignored and accepted…although we discovered later that day that a remote stretch between The Grove and The Pines was a more popular with nude sunbathers.

Everywhere we went, people – both visitors and Island employees – were friendly and laid-back, but quick to laugh. At the hotel bar, we quickly learned the bartenders names (Todd, John, Ken, Chuck), and hanging out at poolside quite literally meant hanging out with our new bartender-friends, as well as other guests who joined in the ‘party’ and bought rounds of shots.

The friendliness continued everywhere we went – at Floyd’s, we enjoyed the most incredibly delicious breakfasts and great conversations with the Irishwoman who owns the place, and when I went into the Island Breeze to order some dinner and a drink, the bartender greeted me – like so many people here – by introducing himself with a handshake.

In walking around the Grove, we detected a very strong sense of community – a sense created, in part, by the tightly-clustered patterns of modest-sized homes that ‘fit’ into, and became part of, the beachside landscape, and by the narrow (five feet max?) boardwalks that forced eye contact and a bit of physical maneuvering between those out for a walk.

In one of our conversations, a well-meaning woman suggested that we head down to Fire Island Pines for a day. She added, “…there’s got to be about 200 Chelsea boys down there…,” a reference to the young muscle boys from the Chelsea gyms in Manhattan. Since we were just ‘taking the island in,’ we figured that should be our next stop, and we headed off through the trails in the “Meat Rack” and wound up in Fire Island Pines.
The physical difference between the two communities impacted us immediately. Upon arriving in the Pines, we found narrow boardwalks as in the Grove, but we also found ourselves on an actual dirt/sand roadway that would have accommodated two-way vehicular traffic. And in fact, those would be large vehicles: dump trucks and service trucks, filled with landscaping tools and bags of compost, used to service huge houses which exploded out of the landscape. In one of the most brutal landscaping assaults I have ever seen, one homeowner had sited his home at the back of his lot, and cleared the entire yard of the native sand, beachgrass, and beach flora. Instead, the bulldozed plot was planted with unnatural-looking birch trees and covered with – of all things – wood chips. Wow. How to stick out like a sore thumb and import your suburban mindset onto a barrier island….

As we walked this ‘road’ towards the harbor, others past us buy, but they generally avoided eye contact and conversation. We were clearly visitors – or perhaps seen as imported ‘help’ – in someone else’s kingdom.

Upon arrival at the Harbor, we hoped to have a few drinks and lunch, but first stopped at a small retail shop, Jalston’s, to buy a hat for my boyfriend, who was beginning to feel the effects of the sun beating down on his uncovered head. With the exception of a woofy man doing some plumbing work there, the visit to buy a hat was a complete disaster. They had no clue as to their prices, and flipped indiscriminately through folders and papers to find a price. After more than 15 minutes of waiting, the sales clerk (Owner? I don’t know – we never learned his name) – said, ‘take the hat…go have some drinks…give me $60 as a deposit…we’ll settle up later.”

Frustrated with waiting, we agreed. The clerk then insisted that he personally walk us to a pool and bar on the harbor, and “set us up.” Off we went to poolside…along a walk littered with garbage and debris. We were then set up under a desert-tent-looking shelter, which, in the sun, simply retained heat, and our clerk/host took off. I went up to the bar to order, and realized that some shaded tables at dockside were actually much cooler than at poolside, so we switched tables, and I ordered our drinks.

I would learn that I could not wait at the bar and get my drinks…rather, they had to be ‘delivered’ to me by the bartender – who never once said hello, or introduced himself, or established eye contact, or spoke to us after delivering the drinks – drinks that cost us $32.50 for TWO (yes, TWO) Jack Daniels & 7-ups.

We decided this was not the place for us. We returned to Jalstons where they had not yet uncovered the price, and then suddenly exclaimed, “Oh, here it is! $54.00 and change! See how close we estimated?!” I was handed back a $5 bill as change. My boyfriend promptly tweeted: “Jalstons: Overpriced, disorganized, poor service, not a recommendation at all, steer clear.” With that, we decided to head back to the Grove by trying a different path, hoping to leave with a better impression than the one created upon our arrival.

No such luck.

We passed an older gentleman in a negligee who chose not to respond to our nods of “hello” as we passed him. The woman (the only woman we’d seen in The Pines) with whom he was walking, however, commented on a ‘flock’ of plastic pink garden flamingoes, calling them “geese.”

Danny and I looked at each other and couldn’t even begin to deconstruct this odd encounter. We quickened our pace, and returned to the Grove.

Our first stop? Our hotel.

“Can we stay an extra night?,” we asked.

“Of course!” our friends responded.

And so, for $60, we had another day in Cherry Grove (as opposed to that same amount buying us three drinks, or a hat in The pretentious Pines).

So, back to our new friends Todd, and John, and Ken, and Chuck, at the Poolside Bar in Cherry Grove, and Floyd’s, and the Island Breeze,

We’ll return to Fire Island again and again, that’s for sure.

To Cherry Grove.
--------------------
 2013 Update:  SO, we have done more than simply 'return' to the Grove.  We have become summer residents. 

Throwing in on a house-share arrangement, we are fortunate to have a rental just a few steps from the dock.  We are now here at the end of April, and the last weeks of May, June, July, August, and September, and a five day stretch in October. When the weekend party crowds dissipate, we ae surrounded by "known" faces - other summer residents who already know our names, or at least recognize us.  We have "our" barstools at Cherry's On The Bay (my new favorite bar), where I can drink all day if I want, wear no shirt, and smoke my pipe, all while watching the boats arrive and depart at the dock.  We spent Memorial Day weekend 2013 chasing clueless people off of the sand dunes, erecting "Stay Off The Dune" Signs, and pining back the National Park Service's ears for overzealous enforcement.

It feels like "home," and, for me, retirement is a mere 2 years away.

Justice, 10 years later. Osama bin Laden is Dead.

Unions Should be Stronger, not Weaker

In Wisconsin, in Massachusetts, in my home state of New Hampshire, and indeed, across the country, a battle over the rights of unionized labor is playing out in state legislatures. In the last half century, as we have moved from a manufacturing economy to a service and information economy, union membership has fallen from 40% of the workforce to barely 10%...and these members are highly concentrated in certain industries - automakers, steelworkers, mining, health care, and public services such as firefighters, police, and teachers.

It has been fashionable in many political circles to blame unions for the nations economic woes: when auto makers sought government bailouts, unions were blamed for the company's poor cash flows, and Tea Party advocates have criticized the success of public employee unions for obtaining pay and benefit packages that they claim are better than most Americans get. When workers show up to protest legislation aimed at eliminating their right to negotiate the terms of their employment contracts, their detractors call them 'union thugs' and 'mobs,' and often throw in cheap shots about the power of 'union leaders.' This name-calling and rhetoric does little to add to objective public debate about the proper role of unions.

Others have more reasonably questioned the status of unions, suggesting that since the days of sweat-shops and dangerous working conditions are over, unions are no longer needed. It is to these 'thinking people' that I would like to respond, drawing on basic economics.

Any one of us knows that when driving about, even in unfamiliar territory, about what to expect to pay for a cup of coffee at a roadside coffee shop or gas station. No one expects to pay a quarter, but no one expects to pay $5.00 either. I recently took a quick survey of 30 students, and asked them to write down what they'd expect to pay in such a situation for a medium-sized coffee. With a single exception, everyone wrote down a number between $1.00 and $2.00, with an absolute majority between $1.25 and $1.75.

This, in spite of the fact there is no law anywhere dictating the price of coffee. It is the result of the natural interplay of the forces of Supply and Demand: thousands of consumers, and thousands of sellers of coffee interacting in the marketplace, with the natural result that a functional price exists. Consumers know that if they stop in a coffee shop and the price is outrageous, they can go elsewhere; and if the price is too low, they may suspect the quality of the product. There is much transparency in a market such as this, as even my students who are not coffee drinkers were aware of the general price level of the product. This is an example of a market that functions well, and it functions well because there are many consumers, with much information, and many suppliers in competition with one another.

But what happens when these perfect market conditions do not exist?

Consider a hypothetical case where hundreds of farmers sell their chickens to any number of processing plants, which in turn package the meat and then sell it to supermarkets. But now consider the results if all the processing plants decided to merge, so that only one chicken processor existed.

If there was only a single Processor, they would constitute a Monopoly insofar as they would be the sole seller of packaged chickens to supermarkets. As most consumers know, when you desire a product that is sold by only one firm, that firm can demand a price far higher than they would be able to if they had to compete with other producers. Consumers paying electric bills to Monopolistic providers know this all too well. However, in our example, we shouldn't presume that the higher prices paid by the supermarkets means that the chicken farmers will get a higher price for their chickens.

In fact, the truth is just the opposite.

The relationship between the Processor and the farmers is called a Monopsony - not a word that is as popular in the public mind as Monopoly. A Monopsony - rather than being the sole provider of a product - is the sole Purchaser of a product. In other words, with only one Processor, the chicken farmers can only sell their product to one buyer. If that buyer should say, "We're paying .25 per chicken - take it or leave it," the farmers have no place to turn. In such a case, the price the farmers receive will be less than under normal market conditions where there are a variety of both producers and consumers.

As a result, our Monopoly/Monopsony Processor is able to depress the price it pays the farmers, and increase the price it charges to supermarkets, and ultimately, the consumer. This is due to unequal bargaining power (or concentrated "Market Structure") of the Processor...and it would simply be erroneous to blame the farmers or the high prices the consumer was ultimately paying.

There are two solutions to this imbalance of market power: the Processor's power can be reduced or divided; or the farmers power can be increased. In the former, the state would use anti-trust laws to 'break up' the Processor into several smaller companies, thus restoring balance in the negotiating of prices; or, the farmers could band together and speak with one voice to negotiate a price for their product with the Processor (This is precisely what cranberry growers have done, by creating the farmer's cooperative known as Ocean Spray).

Now, let's apply these principles to Labor Markets.

Individual Workers, rather than raising and selling chickens, sell their labor to Employers (which could be private employers, or to governing structures). Those employers then sell the final products (whether goods or services) to consumers. In the case of public employment, the consumers are taxpayers, who have little say: they 'purchase' these services with their tax dollars, and face legal repercussions if they refuse. Understandably, from time to time these consumers may complain about either the price or the service...but just as chicken farmers are not the natural enemy of the consumer, neither are public employees the enemy of the taxpayer.

In fact, just as the Processor in the above example wields market power to increase prices to consumers while simultaneously depressing the prices the farmer gets, so too do the structures of government (and many private corporations) increase the price (or tax) they charge to consumers, while wielding the ability to depress the price (or wages) it offers to its employees. Unlike private industry where employment contracts are enforceable in a court of law, government can - and does - change the terms of its employees compensation through a mere act of the legislature. The terms of employment that labor counted on can be changed with a legislative vote and a pen stroke, with few legal rights of recourse. The unilateral power of governing structures to dictate the terms of employment means that, left unorganized labor is in no better condition than the farmers in the above example.

Unlike the example of the Monopoly/Monopsony Processor, however, there are fewer solutions available to public employees to 'even the playing field.' Anti-trust laws can not be applied to government structures, and government can not be 'broken up.' No one seriously suggests that there should be multiple State Troopers, or competing Registries of Deeds, or three different fire departments competing to provide service in one city. No one seriously believes that there should be multiple public school systems in the same town, with the resultant duplication of administration and buildings.

The only solution, then, to create equivalent market power, is to permit those at the bottom of the chain - the laborers - to organize and speak with a single voice. And that is what unionism is all about. It is the only option available to create equivalency of bargaining power between those seeking to sell their labor and the governing structures hiring them, and to counteract the arbitrary and raw power those institutions can exercise if unchecked.

And for those who claim that public employees, or any other employees, 'make too much,' or have 'extravagant' benefits as a result of union agreements - perhaps they should turn that question around:

What has happened to the average Americans pays and benefits as a result of the decrease of unions in this country over the last half-century?

By most measurements, Americans are now losing purchasing power. Their health benefits are less than at any time in the last 50 years. Their vacation, sick, and personal time lags behind every major industrialized nation in the world.

Those who complain about the effects of unions remind me of the 1971 song recorded by "Ten Years After" titled, "I'd Love to Change the World." One of the more memorable lyrics in that song went,

"Tax the rich, Feed the Poor,
'Till there are no Rich no more..."

I have always believed that the writer, Alvin Lee, got that all wrong. Rather, it should be:

"Tax the rich, Feed the Poor,
'Till there are no Poor no more..."

Our goal as a nation should not be to make everyone equally miserable by impoverishing everyone...but to ensure that all our citizens share in the wealth our society creates.

Irish Foreign Minister: end ban on gays in NY St Patrick's Parade

"...They need to celebrate Ireland as it is, not as people imagine it. Equality is very much the center of who we are in our identity in Ireland," said Irish Foreign Minister Eamon Gilmore, speaking yesterday with prominent New York Irish gay community leaders and groups at the Irish Consulate on Park Avenue in NYC.

"This issue of exclusion is not Irish, let's be clear about it. Exclusion is not an Irish thing..... I think that's the message that needs to be driven home."

After a financial debacle more serious than America's, Irish elections last month catapulted Fine Gael into the leadership of Ireland. They replaced Fianna Fail (relegating them to third place status), which had been the largest party in Parliament since 1932. The winds of change are strong according to Gilmore: The new government is committed to a constitutional convention to draw up a new constitution for Ireland in time for the 100th anniversary of 1916 Easter Rebellion. The government plans to introduce a provision for same sex marriage. (Civil Unions are currently available for legal for same-sex and heterosexual couples in Ireland)

"Ireland has changed," said Gilmore. "..For the majority of Irish people being gay is no longer an issue."

While often perceived as having a very conservative approach to sex and gender issues, the Irish actually have a very 'progressive' past: in medieval Ireland, women had the right to divorce their husbands, own property, and figured prominently in Irish legend and history, including Queen Maeve and St. Bridget. The 12th century historian Gerald of Wales records ceremonies for same-sex male unions taking place as early as the 1100's. The 16th C. English Poet Edmund Spencer was appalled by Irish men, writing that they were "a bunch of lascivious bisexuals who offered themselves freely to both women and men." Spencer recommended the extermination of the Irish race but was himself burned out of his famous castle in County Cork.

The imposition of a strict Puritan code under the Elizabethans, Cromwell, and the Victorians; the loss of 1/3 of the population during an Gorta More (the Great Hunger); and the resultant alliance of independence-minded Irish with the Catholic Church against Protestant Ulstermen resulted in a strong social ethos of conservatism in matters of gender and sex - at least on the surface.

But those of us who really know the Irish, know that the real Ireland is emerging once again...

Michele Bachmann: Ignorance knows no bounds....

In previous posts, I have complained about young people’s lack of grasp of history, and thus, their inability to place current events and political proposals into some sort of context. As serious and problematic as that is, it’s even worse when a current Member of Congress and Presidential aspirant repeatedly displays a thorough ignorance of American history.

Many news outlets have picked up on Tea Party darling Michele Bachmann’s recent trip to New Hampshire. Speaking to the Republican Liberty Caucus in Manchester, NH, Bachmann addressed her crowd by stating,

“You’re the state where the shot was heard around the world at Lexington and Concord. And you put a marker in the ground and paid with the blood of your ancestors.”

I know that when I was in school, I learned that Lexington and Concord were in Massachusetts. That Paul Revere rode out from Boston, Massachusetts. That the early Revolutionary War skirmishes – the Tea Party, the Boston Massacre – were in Massachusetts. How does a Congressman and Presidential wannabe get this wrong?
One could be charitable and assume she misspoke – but this was the second time in two days she made that claim. Speaking a day earlier in Portsmouth, she said the same thing.

When called out on her lack of grasp of basic American history, she responded on her Facebook Page by saying,

"So I misplaced the battles Concord and Lexington by saying they were in New Hampshire. It was my mistake, Massachusetts is where they happened. New Hampshire is where they are still proud of it!"

Her cavalier dismissal of her own ignorance is disturbing…as is her unnecessary and snide insinuation that somehow Massachusetts is not proud of its heritage.

If this was a one-time occurrence, or occurred late in the campaign season when candidates are exhausted, it would be easy to write it off as a simple error. But Bachmann exhibits a scary tendency to rewrite history over and over in order to whip up passion among her base.

In a speech given to “Iowans for Tax Relief” in January of this year, Bachmann included these incredible statements:

“For 21 generations in America we have listened to Lincoln’s words…”

“We republished the Mayflower Compact in the Declaration of Independence…"

"[In our first years as a nation]…it didn’t matter the color of their skin, it didn’t matter your economic background– once you got here, we were all the same”

Is this woman serious?! Is she completely ignorant of American history, or does she simply not care what she says in order to attract the votes of the under-educated?

Since Lincoln was President in the 1860s, 150 years have passed. Squeezing 21 generations into 150 years would result in a new generation every SEVEN years. I realize that the age at which girls are becoming fertile is dropping, but even this is a little hard to grasp.

There is not a single phrase from the Mayflower Compact included in the Declaration of Independence.

And when African slaves came here, they were considered 3/5 of a person. Catholics were forbidden from holding office in New Hampshire, and non-property owners were forbidden from voting in many states. The Irish were greeted with NINA signs, and American citizens of Japanese ancestry were put into concentration camps. Native Americans in the east were marched to Oklahoma.

We were not “all the same” once we got here.

Bachmann acknowledged that slavery took place, but she countered that,

“… we also know that the very founders that wrote those documents worked tirelessly until slavery was no more in the United States”

Huh? You mean the founders who (a) owned slaves, (b) specifically voted DOWN an anti-slavery clause drafted by Jefferson in the original Declaration, and (c) who were all DEAD when the Civil War was fought?

I’ve collected a series of Bachmann quotes that establishes a pattern of ignoring or rewriting facts to fit her political goals. Below are some of the most astonishing for their shear stupidity:

“Unelected bureaucracies will decide what we can and cant get in future health insurance policy. Thats why theyre called death panels.” (They were not called death panels – that’s what Sarah Palin called them)

”And what a bizarre time we’re in, when a judge will say to little children that you can’t say the pledge of allegiance, but you must learn that homosexuality is normal and you should try it.” (No Judge has ever said a child could not say the Pledge of Allegiance, and no Judge has required that children should learn about and ‘try’ homosexuality)

”I’m very concerned about the international moves they’re making, particularly … moving the United States off the dollar and onto a global currency, like Russia and China are calling for.” (Neither Russia nor China are calling for an international currency. In fact, our current trade situation with China is difficult precisely because China tightly controls the value of its currency)

”I find it interesting that it was back in the 1970s that the swine flu broke out under another, then under another Democrat president, Jimmy Carter. I’m not blaming this on President Obama, I just think it’s an interesting coincidence.” Ummm….if you’re not blaming this on Democrats or Obama, why did you say that?

“The President of the United States will be taking a trip over to India that is expected to cost the taxpayers $200 million a day.” (Bachmann does not understand that the original report was expressed in Indian currency – rupees – where the exchange rate is 45:1)

And my favorite:

“I just take the Bible for what it is, I guess, and recognize that I am not a scientist, not trained to be a scientist. I’m not a deep thinker on all of this. I wish I was. I wish I was more knowledgeable, but I’m not a scientist.”

Taken together with her previous quotes, Bachmann reveals her hand: Theology, not science or facts or history, drives her program. She parrots a re-written version of American History that has been developed by a narrow fundamentalist agenda seeking to portray America as a Divine Gift to the world, and the GOP tea partiers as the righteous remnant battling the socialists, the ungodly, the blasphemous, the homosexual, and all who think ‘differently.’

If this is the new and representative face of GOP, scary times are indeed ahead.

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!)