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DOMA: Maggie Gallagher Needs To Actually Read The First Amendment

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Maggie Gallagher, Chuck Grassley, heck, maybe all conservatives (including Sarah Palin!) and anti-equality fear-mongers need to actually read the First Amendment. I’m sure if you’re reading this, you have, but since Gallagher has been known to stop by here, I’ll post it here for her to see:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

See? It’s short — only 45 words. Not hard to read, right? How long did it just take you?

So why is it that Maggie Gallagher — certainly a learned woman — felt the need yesterday to pen, “The Chilling of Our First Amendment Rights,” over at the National Review, in response to Senator Chuck Grassley’s mistaken testimony? (A great deal of the senior Senator from Iowa’s testimony Wednesday at the DOMA hearing was mistaken.)

“I’d like to note that one of our witnesses describes the serious threats that were made against ordinary citizens who exercise their First Amendment right to petition the government for redress of grievances when California judges forced that state to adopt same-sex marriage,” Grassley said at Wednesday’s DOMA hearing. “The minority very much hoped to call a witness today, at this hearing, to testify in support of DOMA. I’m sure she would have done an excellent job. She declined, however, citing as one reason the threats and intimidation that have been leveled against not only her but her family as a result of her support of DOMA. She will continue to write on the subject but will no longer speak publicly. This chilling of the First Amendment rights is unacceptable.”

Clever how Grassley sticks First Amendment in there, first plausibly, since it states, as you well know now, that,

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances,”

then totally incorrectly.

If someone is invited by Congress to testify in front of Congress, are their First Amendment rights violated if they choose to not testify, for whatever reason — be  it fear, perceived threats or perceived intimidation? No.

Is it wrong — possibly a crime — if someone is threatened to not speak in front of Congress? Of course!

But is this a “chilling of their First Amendment rights?” No.

Gallagher, and Grassley, should know better, just as should Sarah Palin, who infamous claimed in 2008,

“If [the media] convince enough voters that that is negative campaigning, for me to call Barack Obama out on his associations, then I don’t know what the future of our country would be in terms of First Amendment rights and our ability to ask questions without fear of attacks by the mainstream media.”

And just as Palin was sadly mistaken in 2010, when she defended Dr. Laura’s right to be a hate monger, saying, via Twitter, “Dr.Laura:don’t retreat…reload! (Steps aside bc her 1st Amend.rights ceased 2exist thx 2activists trying 2silence”isn’t American,not fair”)”

(Dr. Laura herself needs to read the First Amendment. The embattled conservative radio show host, explaining her resignation, stated she was quitting to “regain my First Amendment rights.” She never lost them — just the good sense to treat people well, and to tell the truth. Sadly, those two attributes make for popular conservative talk show hosts.)

But Maggie Gallagher, the Chairman of NOM  — the National Organization for Marriage that works hard not to save or protect marriage, but to ensure same-sex couples are unable to be included in the institution — gets around all this, (just as she gets around anything she doesn’t like, by creating a false narrative,) stating,

“The First Amendment is more than a legal guarantee. It is a culture — a key American value — which holds that in a decent and free society, law-abiding citizens should not face reprisals for speaking up with civility for the moral good as they see it.”

See, just like Grassley sneaks the First Amendment reference into his comments, Gallagher likes to redefine the meaning — when it suits her purpose.

(Why is it conservatives, who generally claim to be strict Constitutionalists when it comes to the Constitution — and the Bible — like to interpret when it’s convenient? Redefine the First Amendment? Go ahead! “Redefine” marriage? Hell no!)

I certainly agree that Americans “should not face reprisals for speaking up with civility for the moral good as they see it,” as long as their “speaking up” doesn’t incite violence, or create a culture of fear and hate — which is what Gallagher’s pals like Bryan Fischer do, almost daily.

And yes, I’m aware courts disagree, most recently in fact, stating it’s OK to level a death threat on a presidential candidate under the guise of “free speech.”

“Sen. Chuck Grassley’s remarkable opening statement in today’s Senate hearing on a bill to repeal DOMA called attention to a very serious and growing intolerance directed at Americans who believe marriage is the union of husband and wife,” Gallagher claimed yesterday.

Is there “a very serious and growing intolerance directed at Americans who believe marriage is the union of husband and wife?”

There certainly is a growing embrace of same-sex marriage — now that we have six major nationwide polls over the past twelve months that find that a majority of Americans support same-sex marriage.

Is it intolerant to be intolerant of the Right’s intolerance?

(Speaking of tolerance and intolerance, I’ll take a moment to direct your attention to “I Do Not Deserve Your Tolerance,” my post years back on the very subject.)

“An unfortunate aspect of the church’s opposition to same-sex marriage in the civil forum is that it carries aspects of intolerance,” writes Roman Catholic canon lawyer and professor Nicholas P. Cafardi in the National Catholic Reporter. “Yes, I realize that the opposite is true. The church could say that those pushing same-sex civil marriage on those of us who, because of our faith, are unalterably opposed to it are also intolerant of our religious beliefs. But in the scales of intolerance, the weight will always go against those who would prevent rather than those who would permit.”

And make no mistake. Gallagher’s NOM may downplay its religious roots, but they’re deep — in culture and in finance. NOM states it is “a nonprofit organization with a mission to protect marriage and the faith communities that sustain it.” Those faith communities —  widely-believed to be both the Mormon Church and the Catholic Church — have sustained NOM, financially.

Gallagher has the audacity to state,

“The death threats and hateful mail New York state senator Rev. Ruben Diaz says he has received are not unusual. Whole professions are in the process of being closed to anyone who espouses — and acts — on the view that marriage is the union of husband and wife.”

New York State Senator and Reverend Rubén Díaz is the man who stood idly by while Maggie Gallagher’s NOM-sponsored anti-gay hate rally — prior to the New York State marriage equality win last month — featured a preacher who actually advocated for the genocide of the LGBT community.

Gays are worthy of death,” Reverend Ariel Torres Ortega preached, in Spanish, back in May.

Gallagher, whose organization sponsored the event, said little more than, “I whole-heartedly and unreservedly denounce any suggestion of violence against gay people, or anyone in the gay marriage debate,” — on my site, in the comments section, not in a press release — far the the eyes of most.

New York State Senator and Reverend Rubén Díaz refused to even acknowledge the genocidal raving, much less denounce it.

Like so many conservatives, Gallagher sees what she wants to see, ignorant of the concept of cause and effect.

Have there been incidents of angry verbal and written attacks on those who voted for Prop 8? Of course. Have there been incidents of angry verbal and written attacks on those who speak for or against equslity? Of course.

In a nation that embraces the right of a man to suggest he will put a .50 calibre bullet into the head of the nation’s first African-American president, and chalk it up to free speech, surely no one should be surprised if those on both sides of any question get verbally hostile. (Let me make perfectly clear, I find disgusting and morally offensive both someone threatening violence, and a ruling that says it’s OK to do so.)

But no one is “chilling” the First Amendment rights of anyone in the battle for marriage equality. To say so is just another of the right’s orchestrated campaign of falsehoods.

The bottom line is simple. You probably figured this out by now. Gallagher and Grassley and Palin, and Dr. Laura, and all the others, all claim First Amendment rights are being compromised, because they don’t like what their critics have to say — or because there are fewer people who are saying what they want to hear.

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News

Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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