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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!

 

http://www.aclu.org/sites/all/plugins/jwflvplayer/player.swf

 

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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Tennessee Governor Slammed After ‘Praying’ for Nashville School Community Without Mentioning Mass Shooting

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Governor Bill Lee quickly drew tremendous outrage in the wake of a school mass shooting where six people including three young children were shot to death. Social media users criticized the Tennessee Republican, who had signed a permit-less gun carry law, for declaring he was “praying for the school, congregation & Nashville community,” without posting any mention of the mass shooting.

Tweeting he was “closely monitoring the tragic situation at Covenant,” Gov. Lee said, “As we continue to respond, please join us in praying for the school, congregation & Nashville community.”

There was no mention of any loss of life, and, as Moms Demand Action founder Shannon Watts passionately noted, the “situation” was a mass shooting.

“If thoughts and prayers alone worked to stop gun violence, there wouldn’t have been a shooting at a Christian elementary school. It’s your actions – including weakening the state’s gun laws – that’s killing kids in Tennessee,” Watts also tweeted. “SHAME ON YOU.”

Gov. Lee signed a permit-less carry bill into law in 2021, at a Beretta gun manufacturing plant.

According to the CDC, as of 2020 – one year before the permit-less carry bill was signed into law – Tennessee ranked tenth in the nation in per-capita firearm mortality.

READ MORE: ‘Our Children Deserve Better’: First Lady Jill Biden Speaks Out After Six Die in Nashville School Mass Shooting

Meanwhile, others took notice of the gun culture Gov. Lee has fostered in “The Volunteer State.”

MSNBC analyst and Bulwark writer Tim Miller commented, “Tennessee governor Bill Lee issued a statement recently about how the drag ban in Tennessee ‘protects children.’ If only he would have instead focused on laws that might have prevented the mass murder of children in his state today.”

Historian Kevin Kruse pointed to an article from last year, after the Uvalde, Texas school shooting, titled: “Rep. Clemmons Seeks Renewed Gun Laws, Gov. Lee Requests Prayer.”

“You chose prayer over gun reforms last year after the Uvalde massacre,” Kruse wrote. “And now here we are.”

The progressive website Tennessee Holler pointed out that Gov. Lee, along with GOP lawmakers, “just appointed Jordan Mollenhour to the [state] board of education— whose company was sued for selling ammo to an underage mass killer (SANTA FE) and sold ammo to at least one more (AURORA) He has ZERO education experience.”

Let’s Give a Damn founder Nick Laparra tweeted, “We are 86 days into 2023. So far, 9859 people have died by gun violence and there have been 128 mass shootings. Meanwhile, @GovBillLee spends his days being outraged over drag queens and CRT and book bans. This is Bill Lee’s and the GOP’s fault.”

See the tweets and video above or at this link.

READ MORE: New WSJ Poll Is Devastating for DeSantis and His ‘Anti-Woke’ Policies

 

 

 

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Mystery Grand Jury Witness in Trump Hush Money Probe Is Former ‘Enquirer’ Publisher and Trump Ally

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Avid followers of the Manhattan District Attorney’s moves noted the grand jury had been called into service for Monday, and soon news leaked that yet another witness would be testifying in the probe into Donald Trump’s alleged hush money payment to Stormy Daniels.

Monday afternoon, NBC News’ Garrett Haake reported live on MSNBC that the mystery witness was David Pecker, the former tabloid publisher of the “National Enquirer,” who reportedly had been looking for stories in 2016 to protect Donald Trump’s presidential campaign. Haake notes Monday was Pecker’s second appearance before the grand jury in the hush money case.

The New York Times also reported David Pecker as the grand jury witness, calling Pecker “a key player in the hush-money matter. He and the tabloid’s top editor helped broker the deal between the porn star, Stormy Daniels, and Michael D. Cohen, Mr. Trump’s fixer at the time.”

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“While the focus of Mr. Pecker’s testimony is unclear, he could provide valuable information for prosecutors. A longtime ally of Mr. Trump, he agreed to keep an eye out for potentially damaging stories about Mr. Trump during the 2016 campaign,” The Times reports. “For a brief time in October 2016, Ms. Daniels appeared to have just that kind of story. Her agent and lawyer discussed the possibility of selling exclusive rights to her story of a sexual encounter with Mr. Trump to The National Enquirer, which would then promise to never publish it, a practice known as ‘catch and kill.'”

Former Deputy Assistant Attorney General Harry Litman weighed in, noting, “nothing about that decision [to have Pecker testify] suggests any change of heart on Bragg’s part to indict Trump.”

Former Dept. of Defense Special Counsel Ryan Goodman, an NYU professor of law, notes that Pecker’s “testimony can show the [hush money] scheme was designed to affect outcome of election.”

“He reportedly communicated directly with Trump on payment,” Goodman adds.

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‘Our Children Deserve Better’: First Lady Jill Biden Speaks Out After Six Die in Nashville School Mass Shooting

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First Lady Dr. Jill Biden, speaking Monday afternoon at a National League of Cities conference, told attendees, “Our children deserve better,” as she broke the news of the Nashville school mass shooting at Covenant Presbyterian School where three children and three adults were shot dead.

“You know,” Dr. Biden, herself an educator and clearly pained by the news, began her remarks by saying, “I hate to say what I’m gonna say next because you know you’re so enthusiastic and with so much energy and hope and I feel it.”

“But while you’ve been in this room, I don’t know whether you’ve been on your phones but we just learned about another shooting in Tennessee, a school shooting and I am truly without words and our children deserve better, and we stand – all of us – we stand with Nashville in prayer.”

READ MORE: New WSJ Poll Is Devastating for DeSantis and His ‘Anti-Woke’ Policies

The First Lady, a former public high school English teacher and currently a professor of English at a community college, was speaking at the organization’s Congressional City Conference.

Watch Dr. Biden below or at this link.

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