BREAKING: California Supremes uphold h(8), existing marriages

According to the SF Chronicle, the California Supreme Court ruled 6-1 to uphold Proposition 8, but also decided that the 18000 or so gay marriages performed are valid and will remain so.

This is exactly the slicing and dicing predicted by many commentators. The RWAs can remain happy in their ability to remove fundamental rights from an oppressed minority, the progressives can remain happy that nobody had their marriages annulled. A new constitutional amendment will undoubtedly be on the Cali ballot in 2010 and will remain so until it passes and sticks. Time and demographics are on the side of liberalism in this case.

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Jerry Brown Changes Position on Proposition (h)8

Associated Press Photo

Brief Opposing the Measure Filed With State Supreme Court

Friday, Jerry Brown filed a brief asking the State Supreme Court of California to invalidated Proposition 8. He states that he agrees with opponents of the measure that the path taken to the ballot was inappropriate for a measre that results in the stripping of already held rights and protections away from an already historically marginalized minority group. The result of the measure makes it a major revision to the State Constitution, therefore to reach the referendum ballot it would require a 2/3's vote in the state legislature before being put before the people.


From L.A. Times blog "L.A. Now:"

It is the attorney general's duty to defend the state's laws, and after gay rights activists filed legal challenges to Proposition 8, which amended the Constitution to ban same-sex marriage, Brown said he planned to defend the proposition as enacted by the people of California.

But after studying the matter, Brown concluded that "Proposition 8 must be invalidated because the amendment process cannot be used to extinguish fundamental constitutional rights without compelling justification."

Supporters of Proposition (h)8, including that chubby, smirking pissant, Rick Warren, are said to be enraged.

God Bless Jerry Brown, his opposition before the State Supreme Court will be Kenneth Starr.

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Not In My Name: No National Prayer By Rick Warren

(Robin Tyler and Diane Olson being married at the Beverly Hills Courthouse, Monday, June 16, 2008, in Beverly Hills, Calif. AP Photo/Kevork Djansezian)

Not In My Name: No National Prayer By Rick Warren

I'm not especially surprised that President-Elect Barack Obama has chosen to honor a Christianist fundamentalist like Rick Warren who earns his income and his standing by steadily endorsing hate beliefs against certain segments of American citizenship. Obama has seldom acted on his so-called belief in the human rights of lesbians and gays, not in a political sense. Him throwing us under the bus again was to be expected. I voted for him knowing he would.

What choice did I have? He knows that about us. Much of his gathered leadership knows it as well. If a point can be scored, a favor earned, by reiterating our expendability, they will do it. They're not progressives as I define the term, and this is part of the reason why.

But the choice to have Warren deliver his invocation at the inauguration is more than handing us shit on a plate with an extra-big spoon. It's a shocking mistake, I believe, for at least three reasons:

(1) It validates, in the grandest possible manner, the choice of Christian belief and behavior which seeks to punish anyone who does not agree with them. Validating those who preach intolerance does not promote tolerance and does not "turn them around" or encourage them to follow your example. He could easily have found another preacher who is just as devout, just as respected, who has not made a career from hate. Having a strong following should not constitute a right to lead prayer at an inauguration -- if that were the case, David Duke would be on the list.

(2) The November elections were a victory for progressivism in this country from coast to coast with one major exception, the passage of Proposition (h)8 in California which stripped newly won human rights from lesbians and gays in that state. Even as we celebrated Obama's victory, we mourned this simultaneous tragedy. One of the key figures in visiting this tragedy upon us was Rick Warren. He did everything he possibly could to pass Prop (h)8. How can Obama not comprehend the direct insult we feel at rewarding this man with personal access and a public pulpit? Is Obama that removed from our lives?

(3) The repressive events in California have created a backlash even among people who didn't necessarily support lesbian and gay marriage, but who now are uneasy at what they see as "going too far". That loss actually created MORE generic support for this human rights advance. Obama is pissing in the face of that groundswell, a tone deafness about public sentiment that is not usually demonstrated by him.

Warren is making the most of the limelight being handed him by Obama. He has again stated his equation of lesbian/gay marriage with incest and pedophilia. He claims that in 5000 years of human organization, marriage has never been defined as anything but a man and a woman, in every culture and every religion, which is a flat-out lie: Even early Christianity practiced polygamy. And countless cultures have not only endorsed polygamy (polygyny and polyandry both), but marriage between two people of the same gender. He is of course ignoring the marriage practices of brown people before Christian conquest (who are not really people to white evangelicals, because they carry the mark of Cain), but also the fact that same-sex marriage was sometimes done in Christian churches during the Middle Ages. There are books of reference material on the subject. He knows better. He's playing to the "We get to hate you because you're unnatural" crowd, which is what funds him.

THIS is the man who will lead the inaugural prayer?

I'm not attending the inauguration, but I can promise you that if I were, I would not participate in prayer led by a hate-monger. I would make my non-participation visible and vocal. We have the right to such protest in this country -- at least, we did until the Bush regime began stripping us of it -- and where better than at the swearing in of a man whose campaign vowed change and listening to others? I'm a pacifist, to my bone, so I advocate only legal and intelligent protest. Stand up and turn your back. Lead an alternative mass prayer in many languages. Sing the national anthem and drown out the voice of a man who seeks to forcibly impose his hate-based view of love and intimacy on others. These are a few ideas which come easily to mind.

And for those of us at home, watching on television: When the shameful prayer begins, stand and go to your front door to shout "Equal rights for all Americans!" until it is over.

But do not let Rick Warren speak for you in G*d's name. Not at the inception of this Presidency. Obama's mistake does not have to be ours.

Pass it on.

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Day Of Remembrance

Photo Downloaded from linked site, of Lawrence King

Memorializing Those Transgendered People

Who have been murdered in the United States and elsewhere around the world.

The Picture above is Lawence King, who was shot to death by a classmate because he liked to wear women's clothes. He was 15.

Many of the assualts, rapes, and murders of transgendered people go either unreported, or if reported, go uninvestigated. Police officers don't like looking into things that make them feel all icky inside.

Elsewhere, the amazing Earl Pomerantz writes in his voice of Uncle Grumpy on the subject of race. It also applies here. Like the discovery of Black Swans, centuries and millenia of custom and presumption can be overturned in an instant by a simple willingness to notice the obvious.

I will reproduce the short essay in full here. I encourage you to examine the writings of Mr. Pomerantz. He is one of the finest television writers who ever worked. You only think you do not know his writing. He wrote or created many of the classic shows. A brief listing: The Cosby Show, Major Dad, M*A*S*H*, and many, many others.

In today's post he writes:

Here we go, boys and girls. It’s Uncle Grumpy – on race. Please, always remember. It’s Uncle Grumpy talking. Not me.

Uncle Grumpy. Not me.

-----------------------------

My grandmother was left-handed. She told me how, when she was a kid, the teachers would strap her left hand to her side, and force her to write with her right hand.

Why did they do that? Because the culture of that time believed that left-handed people were biologically inferior. Worse than inferior. They were bad. Do you know what the Latin word for “left” is?

Sinister.

Left-handed people were considered to be sinister. Why? It was never explained.

Wherever you looked, the interests of left-handed people were ruthlessly ignored. The world belonged to the right-handed, and everything was tailored to their needs. Scissors. Can openers. Notebooks. (The coiled wire rubbed on the lefty’s arm.)

Negative messages insinuated themselves into the language. You’ve heard of a “left-handed” compliment? That is not a good compliment. “Southpaw?” I don’t know its derivation, but just the sound of it – “southpaw” – it doesn’t make you wish you’d been born one. In the reactionary culture of baseball, left-handed pitchers were viewed as unstable, bordering on crazy.

Left-handed children were stamped as a lower category of humanity, suffering treatment consistent with their status. Throughout in the culture, the message was crystal clear:

Right-handed. Good.

Left-handed. Bad.

At some point, maybe science had something to do with it, maybe folks just came to their senses, there was a liberating change. The “handedness” issue became irrelevant. It was as if a light had been turned on. “That stuff is all wrong!” People thought back on the demonization of the left-handed and it was like,

“What were we thinking?”

Finally they had realized the obvious: “Handedness” was something you were born with. Valuing one hand as being superior to the other hand was ridiculous.

After centuries of misbehavior resulting from a mistaken belief, the concept of “handedness” came to be seen as what it had always been:

A meaningless distinction.

------------------------------
I thought you were talking about race, Uncle Grumpy.

Uncle Grumpy?

Elsewhere:

The California Supreme Court moved swiftly Wednesday to tackle the latest legal showdown over gay marriage, agreeing to consider three lawsuits that challenge the legality of Proposition 8's abolition of same-sex weddings.

At the same time, the state's high court rejected a bid to put Proposition 8 on hold while the legal struggle unfolds, postponing indefinitely any new wedding vows for gay and lesbian couples. The Supreme Court indicated it is likely to rule by June.

Uncle Grumpy?
I thought you were talking about race?

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Sunday Morning Open Thread

Photo by John Gibbons San Diego Union/Tribune

20,000 March to Protest the Denial of Basic Rights

I wasn't there. I don't walk well enough to join in things like this. I also don't do very well in crowds. Lingering PTSD things. Rather than fight stuff bubbling up inside me, or expend the energy it takes to control my heartbeat and emotions when under that kind of stress, I spend my time in the kitchen with Dani. Her mom was picking up an extra shift at the prison today, I get Dani all to myself. I ain't sharing neither.

Today's plan is to watch the Charger's game, whip up some of my patented Buffalo Wings, maybe, if I can coerce the right pair of little hands into helping we might explore the wonderful mysteries of bread baking. . .

I love the way the smell of baking bread fills a house. When I was doing my single parent thing the highlight of my day was when the dogs and I would schlep on down to the bus stop and collect our young friends. I would always have something going, something that would send its smells right up their faces as they walked in the door. It not only said "We're having some great stuff on the table tonight." It said much more than that.

It said

"Dad's not going anywhere."
"He's staying right here with us."
"He's here, every, single day."
"He's doing this because we are important."
"Us kids matter."

It hadn't always been that way in our house. Before I took custody during my last divorce, as far as my kids were concerned I was this dude who showed up every three or four months, tossed a couple of presents on the couch and started yelling at their mom for a couple weeks. Then, I was gone again.

Anyway, what's ya'll's Sunday looking like? Done any rousing of rabble? Any chain pulling? Cage rattling?

What's for dinner at your house?

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Proposition (h)8 Post

Jurassic Pork at "Welcome Back to Pottersville"

Remembers the days of the Stonewall Inn.

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Random Name That Tune

Reader's Edition By Shaun


As usual, the answer key is posted at Harp and Sword with a bonus YouTube performance of song 1.

1. seventh sister gets Christine Kane's wonderful "(No Such Thing As) Girls Like That"

If you haven't heard it, here it is. . .




The woman on the TV set
Is clutching both her great big breasts
And she sure looks like
She is having fun

2. GabeNichols identified "Swinging on a Star" by Bing Crosby

A mule is an animal with long funny ears
he kicks up at anything he hears
His back is brawny but his brain is weak
he's just plain stupid with a stubborn streak

3. prof fate knows David Crosby's "Triad" and remembered the Jefferson Airplane cover.

You want to know how it will be
Me and him or you and me
You both stand there your long hair flowing
Your eyes alive your mind still growing

4. Marek knew "On The Radio" by Donna Summers

Someone found a letter you wrote me, on the radio
And they told the world just how you felt
It must have fallen out of a hole in your old brown overcoat
They never said your name
But I knew just who they meant.

5. GabeNichols also identified "Do Re Mi" by Woody Guthrie, this version is Nanci Griffen and Guy Clark (get better soon hoss, I know you be googlin' your own self)

Lots of folks back East, they say, is leavin' home every day,
Beatin' the hot old dusty way to the California line.
'Cross the desert sands they roll, gettin' out of that old dust bowl,
They think they're goin' to a sugar bowl, but here's what they find --
Now, the police at the port of entry say,
"You're number fourteen thousand for today."

6. Myrtle June nails it with Mighty Merle Haggard "Mama's Hungry Eyes"

A canvas covered cabin in a crowded labour camp
Stand out in this memory I revived;
Cause my daddy raised a family there, with two hard working hands
And tried to feed my mama's hungry eyes.

7. Rez Dog knew "The Wreck of Old 97" Shaun's version was by the Stonemans, which is pure ass unreconstructed bluegrass.

Well they gave him his orders at Monroe Virginia
Saying Steve you're way behind time
This is not 38 but it's old 97 you must put her into Spencer on time
Well he turned around and said to his fireman shovel in a little more coal
And when we cross this big White Mountain we'll watch old 97 roll

8. Myrtle June also names "Ain't Hurtin' No One" by John Prine

I'm a walkin' down the street like Lucky Larue
Got my hand in my pocket I'm thinkin' 'bout you
I ain't hurtin' nobody
I ain't hurtin' no one

9. bald headed hussain dork recognised "Here I Am" by Lyle Lovett

Hello
I'm the guy who sits next to you
And reads the newspaper over your shoulder
Wait
Don't turn the page
I'm not finished
Life is so uncertain

10. prof fate also named "Willie and the Hand Jive" this was The Youngblood's version.

Now I know a cat name of Way Out Willie
He got a crazy old lady name of Rockin' Lily
They can walk and stroll, they can Suzy Q
Do that crazy hand jive too


The response to my invitation for posting the random tens of others has been generous enough that this game ain't just for Fridays anymore.

It gives me something to do now that the election is over.

And remember, we are still fighting Proposition (h) 8 out here.

For one of the better breakdowns of how things played out as far as demographics are concerned.

Prop 8 Myths

By the uncannily accurate Nate Silver of fivethirtyeight.

significant quote:

The good news for supporters of marriage equity is that -- and there's no polite way to put this -- the older voters aren't going to be around for all that much longer, and they'll gradually be cycled out and replaced by younger voters who grew up in a more tolerant era. Everyone knew going in that Prop 8 was going to be a photo finish -- California might be just progressive enough and 2008 might be just soon enough for the voters to affirm marriage equity. Or, it might fall just short, which is what happened. But two or four or six or eight years from now, it will get across the finish line.

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Der Governator Says "Don't Give Up." On Proposition (h)8

Photo downloaded from Arnold's Website

As The Fight Goes On

The governor expresses hope that Proposition 8 would be overturned as protesters continued to march outside churches across California.

Speaking in Sacramento on Sunday, Arnold Schwarznegger said

It's unfortunate, obviously, but it's not the end," Schwarzenegger said in an interview Sunday on CNN. "I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area.

He also said that he, along with California Attorney General Jerry Brown, had every confidence that those who were married before the measure passed would remain married.

On Sunday, hundreds of protestors lined up outside Mormon and Catholic churches, also at Rick Warren's Saddleback Church. Martijn Hostetler, 30, of West Hollywood held a sign that read "Purpose Driven Hate," a dig at Warren's bestseller "The Purpose Driven Life."

But for Sally "Sal" Landers, 52, a Saddleback Church member from Lake Forest, her participation in the protest was a deeply personal matter. Landers and her female partner of three years plan to marry and adopt children. When she received an e-mail from Warren urging a "yes" vote on Proposition 8, she said, "I felt like I was kicked in the stomach by someone who loves unconditionally.

Friend of the Court Briefs were also filed by members of the California State Senate and State Assembly, saying that the authors of Proposition (h)8 erred in bypassing the role of the State Legislature. They argue that a measure which fundamentally alters the "equal protection clause" of the California State Constitution is far too radical a step to be accomplished by a simple majority vote.

Jerry Brown pointed out that the supporters of Proposition (h)8, by suing to invalidate legal marriages, have already moved farther than they said they would go.

He also said that this was typical of their behavior.

From Arnold again:

I learned that you should never ever give up. . . . They should never give up. They should be on it and on it until they get it done."

Nanadaag onlka'ad




ya'll.

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Backlash Happening In L.A. Against African Americans

Slurs And Hostility Abound

You can read another excellent post at Pandagon by the wonderful Pam Spaulding.

I understand the frustration, and the anger that folks are feeling right now.

This is not the way. The African American community, and the Latino communities are not the ones that financed, or slammed Proposition (h)8 down the throats of our people.

Look in on San Diego, no wonder I love this city so deeply. There is a decency there.

“Do you see what we can accomplish by standing together, gay and straight?” the nurse from North Park asked. “We can make a difference, and our voices will be heard.

“We will send the message to California that although Prop. 8 passed, we will not give up. We will fight this fight until we have our civil rights.”

Kristen Smith, who rested in the park with her husband, compared the grass-roots movement to other historical civil rights battles, such as the right for women and blacks to vote.
“We have the right to marry, and we want all our friends and family who are gay to also have that right,” Smith said. “Rights have never been just handed over to people. It always takes protests and fights.”

Go. Do ye likewise my friends.

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