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DOMA Case Analysis And Arguments: A Lesbian Love-In Small Screen Celluloid Moment

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It was lesbian heaven on the small screen celluloid world last night when Rachel Maddow kicked off her show with a loving treatise to Associate Justice Ruth Bader Ginsburg during a segment filled with and defined by  powerful women  who have changed our world for the better

Yesterday’s Defense of  Marriage Act (DOMA) arguments in United States v. Windsor were followed by a lovely lesbian evening which was kicked off by Rachel Maddow herself, at the top of her broadcast as she delivered an adoring ode to Ruth Bader Ginsburg, arguably the most incisive jurist at the Supreme Court during the Windsor arguments.

Indeed, Maddow was completely captivated by Ginsburg’s reference to same-sex marriages as “skim milk,” not “full,” or whole,  like heterosexual marriages, which benefit from approximately 1,100 different statutes, although effectively denied to gay couples by DOMA.  Her show plastered “Skim-Milk Marriage” at the bottom of the screen continuously throughout the DOMA segment.

I knew that Justice Ruth Bader Ginsburg would love Windsor, because of its intricacies of benefits and taxes and because of the blatant discrimination; and while a reverse would be hugely significant, it could be decided with a jurisdictional state’s rights argument, or maybe on the constitutional merits. We all hope for the latter.

But of course  Maddow played tape from the arguments, and who could have not been inspired by the arguments posed by the charismatic litigator Roberta Kaplan, who fought brilliantly for Edie Windsor’s claims (the ACLU filed the lawsuit against the government on behalf of Windsor).

Let me just admit to The New Civil Rights Movement readers that I am in love with Kaplan’s rigorous and brave defense of Windsor and her tete de tete with Chief Justice Roberts which ends the argument on behalf of Windsor:

Roberta A. Kaplan: The fact of the matter is, Mr. Chief Justice, is that no other group in recent history has been subjected to popular referenda to take away rights that have already been given or exclude those rights, the way gay people have.

And only two of those referenda have ever lost.

One was in Arizona; it then passed a couple years later.

One was in Minnesota where they already have a statute on the books that prohibits marriages between gay people.

So I don’t think — and until 1990 gay people were not allowed to enter this country.

So I don’t think that the political power of gay people today could possibly be seen within that framework, and certainly is analogous — I think gay people are far weaker than the women were at the time of Frontiero.

Chief Justice John G. Roberts: Well, but you just referred to a sea change in people’s understandings and values from 1996, when DOMA was enacted, and I’m just trying to see where that comes from, if not from the political effectiveness of — of groups on your side of the case.

Roberta A. Kaplan: To flip the language of the House Report, Mr. Chief Justice, I think it comes from a moral understanding today that gay people are no different, and that gay married couples’ relationships are not significantly different from the relationships of straight married couples.

I don’t think–

Chief Justice John G. Roberts: I understand that.

I am just trying to see how — where that that moral understanding came from, if not the political effectiveness of a particular group.

Roberta A. Kaplan: –I — I think it came — is, again is very similar to the, what you saw between Bowers and Lawrence.

I think it came to a societal understanding.

I don’t believe that societal understanding came strictly through political power; and I don’t think that gay people today have political power as that — this Court has used that term with — in connection with the heightened scrutiny analysis.

Chief Justice John G. Roberts: Thank you, Ms. Kaplan.

In straining to listen to Kaplan’s articulation and prevented from watching, I got in touch with my ‘inner lesbian’. I was wowed by her. Not able to watch her, I hung onto to every word, imagining her before the Chief Justice, hammering on the reality of our lives and the suffering as a result of this terrible law.

But the chief lesbian on this night is Maddow, who is not done with her examination of DOMA yet, before she interviews none other than Mary Bonauto, an attorney (and lesbian) and GLAD‘s director of the civil rights project  who made history in America when she successfully argued in the Massachusetts Supreme Judicial Court that civil unions were not constitutional, laying the legal groundwork for the DOMA challenge at the US Supreme Court.

So now we have two open lesbians talking to each other on the small celluloid screen of a major network, which I believe is unprecedented.  This just does not happen everyday, or on any day…and I was just loving it.  It was wonderful. I feel like I had died and arrived to  lesbian celluloid heaven for a women’s only party.

I freely admit that I am taken with all these powerful women.  And because it happens so infrequently, when we see just one lesbian on television, as in Rachel Maddow, we rightly celebrate.  And now there was two.  I just wanted to jump up and down and cheer on all these lesbians, who are powerful women in the ways that attracts all of us to one another!

 

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But the two lesbians that matter the most right now are Edith Windsor and Thea Spyer, who loved each other for 42 years and were married in Canada the last year before Thea died.  In Thea’s death, Edie was hit with a whopping $360,000 tax penalty on property inheritance because their marriage was not recognized by the IRS due to DOMA’s prohibitions. Edie chose to fight and it is because of her love for Thea and her compunction to fight back–that the oppressive walls of DOMA  may just come tumbling down in June.  All because of these two lovely lesbians. Who could not love and adore Edie Windsor?

So let me leave you with one more brilliant lesbian that people should follow, as we await the Prop 8 and DOMA decisions: Georgetown Law Professor Nan Hunter and the author of the engaging “Hunter of Justice blog  where she has analyzed the Prop 8 and DOMA cases (among many other issues).  Follow her regularly because of her trenchant legal analysis and know this about her as well:  Hunter has been a ground-breaking advocate for women and LGBT people throughout her storied and dedicated career of service to our community.

DomiheadshotTanya L. Domi is the Deputy Editor of the New Civil Rights Movement. She is also an Adjunct Assistant Professor of International and Public Affairs at Columbia University and teaches human rights in East Central Europe and former Yugoslavia. Prior to teaching at Columbia, Domi was a nationally recognized LGBT civil rights activist who worked for the National Gay and Lesbian Task Force during the campaign to lift the military ban in the early 1990s. Domi has also worked internationally in a dozen countries on issues related to democratic transitional development, including political and media development, human rights and gender issues. She is chair of the board of directors for GetEQUAL. Domi is currently writing a book about the emerging LGBT human rights movement in the Western Balkans.

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News

Breaking From Trump Republican Says Families Are ‘Struggling’ — But Points Finger at Biden

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A prominent House Republican is breaking with President Donald Trump on the state of the U.S. economy — which the president in recent months has called the “hottest” in the world and suggested that the inflation and affordability crises have been resolved. But she’s also placing the blame on former President Joe Biden, well over a year after he left office.

House Republican Conference Chair Lisa McClain “offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition,” Politico reported.

“Now, I know that even with bigger refunds, many families are struggling right now. And I get it,” McClain told reporters.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again. So let me be candid, and let me refresh everybody’s memories,” she said, declaring that the Biden administration “killed” the Keystone Pipeline on “day one.”

The pipeline was never completed — Biden revoked a permit for it.

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“Then,” she continued, “the Biden administration made it harder to ‘drill baby drill.'”

By the time President Biden left office, the U.S. was the world’s largest producer of oil and a net exporter of petroleum products and natural gas.

After praising the Trump administration for opening up more drilling permits, McClain scolded the press: “We need to tell the truth on truly what’s going on.”

“I’m not passing the buck, I’m giving you the facts,” she said.

“It’s crazy that Democrats closed the Keystone pipeline,” she reiterated. “It’s crazy to rely on our enemies for our oil and our natural gas. And it is crazy to sacrifice our national economic security for woke Green New Deal talking points.”

“So, no. Energy prices aren’t where any of us want them to be,” she acknowledged before praising Trump’s energy policies.

READ MORE: ‘What Evil Looks Like’: Columnist Says Trump Presides Over a ‘Circus of Death and Chaos’

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‘Dropping Like Flies’: Which of Trump’s Cabinet Secretaries Will Be Next?

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After more than a year with no Cabinet Secretary exits, President Donald Trump has now seen three leave under various circumstances — Kristi Noem, Pam Bondi, and Lori Chavez-DeRemer — in less than two months. The question now is: who might be next?

The Wall Street Journal says Trump’s cabinet secretaries are “dropping like flies,” and Politico reports that high-profile Trump officials are “sweating on their futures.” Politico also notes that the “Cabinet-level calm of the first 13 months of this presidency is over. Trump is in the mood for shaking things up.”

A president with approval ratings currently in the mid-to-upper 30s, Trump is “culling” those who have disappointed or are “distrusted” by his base, Politico writes, with an eye on the midterm elections.

“The campaign is not exactly going swimmingly, and the theory is that problematic members of the administration need clearing out now — still six months from the start of voting — to put sufficient distance between their departures and Election Day.”

The obvious common threads between those out the door — fired, forced, or otherwise leaving — are that all three are women, and were “embroiled in scandal” or distrusted by the base.

Politico suggests two officials who might be next to exit.

FBI Director Kash Patel has been embroiled in scandal and is distrusted by Trump’s base, according to Politico, making him a possible next contender.

“His reputation in MAGA world hasn’t recovered from his role in the initial handling of the Epstein files, while the list of colorful stories (and videos!) about his approach to the job of FBI chief gets longer every month,” Politico notes.

There is also Commerce Secretary Howard Lutnick, who has “faced fierce internal criticism from Day One,” and “now has an Epstein-shaped problem of his own.”

“The contrast between how Trump treats the men and the women in his cabinet is notable,” The Bulwark‘s Bill Kristol writes, noting that “Secretary of Defense Pete Hegseth has surely done as much damage to his department and to the nation as Kristi Noem did. But Pete’s still on the job, strutting around and displaying his machismo at the Pentagon.”

Kristol also mentions Secretary Lutnick, who “has profited on a larger scale from the Trump administration than Chavez-DeRemer did. But Lutnick is still there, grifting as men in the Trump orbit do.”

He also points to Director Patel, whom Kristol says is presiding “in all his male adolescent glory as director of the FBI.”

 

Image via Reuters 

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‘What Evil Looks Like’: Columnist Says Trump Presides Over a ‘Circus of Death and Chaos’

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Do President Donald Trump’s “clownishness” and “lack of ideology” make him less dangerous? A columnist at The Guardian says no.

“Trump’s seeming lack of vision or ideology are misread as attributes that make him somehow less dangerous than the authoritarians of the past who have become the template for what evil looks like,” writes Nesrine Malik. But, “Trump’s presidency is what evil looks like.”

She points to images she remembers from “movies not seen since childhood,” or art and literature, tied together by “kitschy evil.”

She writes that those images seem to be standing in for horrific current events: “the bodies pulled from the rubble in Gaza, a school full of young pupils blown apart in Iran. The more than 1 million people in southern Lebanon expelled en masse from their homes.”

Malik calls it “bewildering” how the “casualness” of the cruelty “has been allowed to pass,” as Donald Trump, who “defies attempts to make his actions cohere with any particular strategy … hovers above the circus of death and chaos.”

Trump and his threats, like those where he threatened “entire civilizations,” are “reshaping the world, but without him even having orchestrated some master plan.”

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Trump “does not adhere to the style or affect of the fascist model,” she argues, “he doesn’t hold rallies, wear uniforms or make fiery speeches from balconies to flag-waving throngs. He hasn’t (entirely yet) overturned the constitution and dismantled democracy.”

“He is an addled comic figure, a man whose very soul is bared in his angry outbursts on social media or in rambling speeches without self-awareness or self-consciousness. He talks about the war on Iran flanked by a gigantic Easter bunny, posts an image of himself as Jesus. He ‘always chickens out‘.”

And yet, Malik asks, “isn’t this what evil is? A projection on to the world not of overbearing and large intent, but smallness and fear?”

Evil creeps up on you, she writes, “because it’s hard for the human brain to encounter evil in ludicrous form, and still recognize it as such.”

“That’s why you ask how such crimes were allowed to happen in the past,” she says.

Composed of “frivolity and nonchalance and fragility, as well as relentlessness and insatiability and brutality,”  evil “rarely arrives with the intent and identifying hallmarks of a villain. It arrives in the form of broken people, whose power lies in their unquenchable desire to make themselves whole no matter the consequences.”

READ MORE: Why a Democratic Senate Takeover Has Become a ‘Real Possibility’: NYT

 

Image via Reuters 

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