That was quick

Reading the Sunday papers was really quick today. I skipped over all the articles that had anything to do with 9/11, which resulted in almost the entire front and the forum sections being eliminated, along with good chunks of the others. Even the comic section, my favorite, took less time because some of them took the occasion to voice some sappy sentiment.

I was interested in seeing how the paper would deal with the first game of the football season for our team but in this one area, they did not let the anniversary get in the way and produced a full sports section and a supplement on the coming season.

The paper may wallow in manufactured grief but it has its priorities. Nothing gets in the way of football.

The ACLU on the state of civil liberties

Glenn Greenwald’s discussion on the ACLU report on the steep decline of civil liberties in in the US in the wake of that event is well worth reading.

The preamble to the ACLU report highlights the four major ways in which freedoms have been seriously compromised.

Everywhere And Forever War

The report begins with an examination of the contention that the U.S. is engaged in a “war on terror” that takes place everywhere and will last forever, and that therefore counterterrorism measures cannot be balanced against any other considerations such as maintaining civil liberties. The report states that the United States has become an international legal outlier in invoking the right to use lethal force and indefinite military detention outside battle zones, and that these policies have hampered the international fight against terrorism by straining relations with allies and handing a propaganda tool to enemies.

A Cancer On Our Legal System

Taking on the legacy of the Bush administration’s torture policy, the report warns that the lack of accountability leaves the door open to future abuses. “Our nation’s official record of this era will show numerous honors to those who authorized torture – including a Presidential Medal of Freedom – and no recognition for those, like the Abu Ghraib whistleblower, who rejected and exposed it,” it notes.

Fracturing Our “More Perfect Union”

The report details how profiling based on race and religion has become commonplace nationwide, with the results of such approaches showing just how wrong and ineffective those practices are. “Targeting the American Muslim community for counterterrorism investigation is counterproductive because it diverts attention and resources that ought to be spent on individuals and violent groups that actually pose a threat,” the report says. “By allowing – and in some cases actively encouraging – the fear of terrorism to divide Americans by religion, race, and belief, our political leaders are fracturing this nation’s greatest strength: its ability to integrate diverse strands into a unified whole on the basis of shared, pluralistic, democratic values.”

A Massive and Unchecked Surveillance Society

Concluding with the massive expansion of surveillance since 9/11, the report delves into the many ways the government now spies on Americans without any suspicion of wrongdoing, from warrantless wiretapping to cell phone location tracking – but with little to show for it. “The reality is that as governmental surveillance has become easier and less constrained, security agencies are flooded with junk data, generating thousands of false leads that distract from real threats,” the report says.

‘Campaign Obama’ returns

After selling out to the oligarchy during his presidency, now that election season is back, expect to see Obama return to his feisty populist campaign mode and try to fool ordinary people once again that he really cares about their interests.

In January 2010, my disgust with Obama had reached the point where I said the following:

It used to be the case that I would detest hearing or watching George W. Bush speak. The disjunct between his smug and lofty words about democracy and freedom and the reality of his crass polices was simply too much to take. During the campaign I enjoyed hearing Obama’s speeches because he seemed to be making thoughtful statements about important issues and appealing to the best in people. But now I cannot bear to listen to him either. I find galling the unctuous hypocrisy of his words. If anything, the gap between his words and his deeds is even greater than that of Bush, because he promises more and delivers less.

Now Matt Taibbi has also reached that stage. Recently at an airport he was forced to choose between sitting at a crowded gate with lots of screaming children and another area that was nearly empty and quiet except for a TV showing Obama giving his Labor Day speech. He says he chose the former:

Listening to Obama talk about jobs and shared prosperity yesterday reminded me that we are back in campaign mode and Barack Obama has started doing again what he does best – play the part of a progressive. He’s good at it. It sounds like he has a natural affinity for union workers and ordinary people when he makes these speeches. But his policies are crafted by representatives of corporate/financial America, who happen to entirely make up his inner circle.

I just don’t believe this guy anymore, and it’s become almost painful to listen to him.

I wonder how many people have come to the same realization.

Undeserving poor

In Act 2 of George Bernard Shaw’s play Pygmalion (which became the hit play and film My Fair Lady), Eliza Doolittle’s father Alfred complains to Henry Higgins how ‘middle class morality’ tends to shun poor people like him because they are the wrong kind of poor.

“What am I, Governors both? I ask you, what am I? I’m one of the undeserving poor: that’s what I am. Think of what that means to a man. It means that he’s up agen middle class morality all the time. If there’s anything going, and I put in for a bit of it, it’s always the same story: “You’re undeserving; so you can’t have it.” But my needs is as great as the most deserving widow’s that ever got money out of six different charities in one week for the death of the same husband. I don’t need less than a deserving man: I need more. I don’t eat less hearty than him; and I drink a lot more. I want a bit of amusement, cause I’m a thinking man. I want cheerfulness and a song and a band when I feel low. Well, they charge me just the same for everything as they charge the deserving. What is middle class morality? Just an excuse for never giving me anything.”

I was reminded of this when reader Norm sent me this news clipping.

freefoodbringshomeless.jpg

Pinning down opponents of same-sex marriage

One of the questions that opponents of same-sex marriage never satisfactorily answer is why it matters to them if gay couples have the same rights as heterosexual couples. Why do they care? What harm do they suffer? It is not as if marriage is some limited resource that allowing more people access to would reduce the general availability.

As far as I can see, the opposition to same-sex marriage seems to be almost entirely based on ancient religious texts and their associated homophobia but of course few, other than the religious nutters, want to concede that for fear of being seen as religious bigots. (That distancing from religion is a small sign of progress). Instead they dance around the issue with vague rationalizations that somehow marriage has always been between one man and one woman and has thus acquired the force of tradition or that the purpose of marriage is procreation or that changing the definition of marriage would open the door to polygamy, bestiality, or otherwise destroy civilization as we know it. Of course, none of these ‘arguments’ stand up to scrutiny but few people are willing to press opponents on this, usually out of the ‘respect for religion’ trope that assumes that people’s faith-based speech and actions should not be questioned. But the legal case involving Proposition 8 in California may finally force them to put up or shut up.

If you recall, in May 2008 the California Supreme Court ruled that same sex couples have, under the state constitution, a right to marry. Opponents then brought Proposition 8 that banned same-sex marriage as a ballot initiative and, heavily backed by the Catholic and the Mormon churches and using lies that allowing same-sex marriage would lead to gay indoctrination of children in schools, they managed to narrowly pass it in November 2008 by a margin of less than 5%.

The constitutionality of Proposition 8 was challenged under the state constitution and its validity was upheld. But it was also challenged under the US constitution and in August 2010, a US District judge ruled that it violated the due process and equal protection clauses of the 14th Amendment, but allowed the ban to stand while the case was appealed to the US Ninth Circuit Court of Appeals.

Normally the governor and the attorney general of the state are the people who have the obligation to enforce the laws of California and they have the unquestioned right to appeal any verdict nullifying the laws. But opponents of the ruling were stymied because the then-governor of California (Arnold Schwarzenegger) and the then-attorney general (and now governor) Jerry Brown refused to appeal the district court ruling.

Because of this vacuum, various private parties who had sponsored Proposition 8 then appealed the verdict but this raised the question of whether they had standing to do so. In order to prevent an explosion of third-party lawsuits, one has to show that one has standing to bring about a legal case and one of the means by which standing is established by a private party is that the party has to show that they are directly affected by a law or a court ruling and would suffer direct harm if it were carried out.

The US Ninth Circuit Court of Appeals, in an unexpected move, ruled that before it could decide on the constitutionality of the issue, the issue of standing had to be resolved and they sent the case back to the California Supreme Court to rule on whether the challengers had standing. This has put the issue of what harm opponents of same-sex marriage suffer directly to the forefront. Ted Olson, one of the lead counsel opposing Proposition 8, puts the matters succinctly.

Olson will argue that to have legal standing the proponents have to show that they would suffer a direct harm if Prop. 8 is held to be unconstitutional.

“Here, the proponents were asked during the course of the trial, what damage would be done to heterosexual marriage if Proposition 8 was held to be unconstitutional and the lawyer for the Proposition 8 proponents said ‘I don’t know,'” Olson says. “You have to have a direct stake in the matter that’s being litigated.”

Court cases can very useful in clarifying issues because people have to answer specific questions that are narrowly focused and posed to them by people who have all the facts at their fingertips. They cannot make sweeping generalizations or filibuster or snow the listener the way they can in public debates or when answering reporters. This is what doomed so-called intelligent design. Its advocates managed to obfuscate the issue for quite some time but they came a cropper in 2005 in the US district court in Dover, PA because under cross-examination they were forced to admit many things they had tried to conceal, such as that under their definition of science, even astrology would have to be considered to be science.

So the question of standing that is going to be adjudicated by the California Supreme Court could be quite illuminating in pinning down exactly what harm opponents of same-sex marriage experience by allowing it. But unfortunately, unlike in lower courts where the merits of the case can be exhaustively examined, in superior courts the process is very brief and tends to be narrowly focused. At the hearing on Tuesday, the California Supreme Court judges seemed to be more concerned about allowing the governor and attorney general the sole right to decide what laws to defend rather than with the issue of what direct harm the sponsors of Proposition 8 suffer if same-sex marriage is allowed. Since they have ruled before that ballot initiative sponsors have the right to defend them in court, that seems likely to be the verdict here too, that they will be granted standing by virtue of being sponsors of the initiative rather than because they would suffer direct harm if same-sex marriage were allowed. You can see the full video of the hearing here.

It seems likely that both aspects of this case, the issue of standing as well as the constitutionality of same-sex marriage itself, will go all the way to the US Supreme Court.

But even if the opponents of same-sex marriage win this legal battle, they have lost the public relations war. It is only a matter of time, perhaps five years, before gay people win equal rights.

What happened to the others?

I did not watch yesterday’s debate, of course, but in reading the coverage today was startled by the fact that it seemed as if only two people, Mitt Romney and Rick Perry, took part. There was practically zero coverage of any of the other six though they presumably said things. Ron Paul, Jon Huntsman, Michele Bachmann, Rick Santorum, Herman Cain, and Newt Gingrich might as well have not been there, and Buddy Roemer was actually not there, not having been invited in the first place.

It looks like the media has started the winnowing process in earnest by deciding who is worth covering.

This must be particularly galling for yesterday’s media darling Bachmann who just a couple of weeks ago was sought after by every news talk show following her first place showing in the meaningless Ames Iowa straw poll. She is learning that media suitors are awfully fickle. She is not one to go quietly into the night so watch for her to ramp up the crazy to try and regain the spotlight.