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The Ennead Awards: Nine Justices, Nine Prizes

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Well, folks, before the arguments to the Supreme Court on Prop 8 and the Defense of Marriage Act are erased from your memory tapes to make room for “Thrift Shop” (clean version only, please!), we present the First-Ever Ennead Awards. There are — conveniently — nine categories, to wit:

Most Willfully Clueless Award: To Justice Antonin Scalia, for his remarks that sociologists were in disagreement about the effects of gay and lesbian parenting on children. OK, they’re not. The most one can say is that more evidence would be helpful, but this position is usually taken by those who are trying to avoid the implications of the studies that do exist — and show that kids do just fine across all measures when raised by same-sex parents. It might be that Scalia was sending out one of his increasingly high-pitched dog whistles to the far right, a sonic treat that was prominently featured during his otherwise-inexplicable excoriation of the Obama Administration for not doing enough to deal with illegal immigration. But it might also be that, once again, the opera-loving oenophile just didn’t do his homework. As Maureen Dowd pointed out, he didn’t even seem to know how many states have full marriage equality. (He might have just been posing, though.) And last year, he seemed to lament the suggestion that he should actually read the Affordable Care Act before deciding its constitutionality. Try that in your job.

 

Best Performance by an Actor in a Fantasy: To Chief Justice John Roberts. When the Justices agreed to hear the case, some of us hoped that they would finally take up the issue of whether discrimination based on sexual orientation should be judged by what the Court calls “heightened scrutiny.” It doesn’t look like the Court’s going to do that. In fact, I doubt they’re even going to get into the vast equal protection problems at all. And one reason for their declining to do so was voiced by the Chief Justice, who suggested that gays and lesbians don’t need the suspect classification designation that’s reserved for groups that lack political power. According to Roberts, the reason same-sex marriage laws have passed is because of our powerful lobbying. Then he added:

As far as I can tell, political figures are falling over themselves to endorse your side of the case.

OK, this is a valid point (and one I made, in a somewhat different way, in this Slate piece). But here’s the much more persuasive response of Roberta Kaplan (representing Edie Windsor, the DOMA plaintiff):

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.

[A]nd 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 [the Court found women to be a “suspect class.”]

Just to make sure no one else might claim this award, the Chief Justice also expressed mild incredulity that the 84 Senators who voted for DOMA might have been motivated by a dislike of lesbian and gay people. Sustaining this particular fantasy requires ignoring the contribution of our next award winner…[1. Justice Roberts would also have won the “Oops!” Award if the Academy had recognized the category. At one point, he let slip the obvious point that Congress wasn’t really concerned with uniformity in enacting DOMA, but in something else: “Do you think Congress has the power to interfere with the [oops!!]…to not adopt the state definition….”]

 

Best Audiobook Reading Performance: To Justice Elena Kagan. Her sparring with Paul Clement, who was trying to defend the indefensible DOMA, was devastating. When Clement kept insisting that the real purpose of DOMA was to ensure uniformity, she confronted him:

JUSTICE KAGAN: Well, is what happened in 1996 — and I’m going to quote from the House Report here — is that “Congress decided to reflect an honor of collective moral judgment and to express moral disapproval of homosexuality.”

Is that what happened in 1996?

MR. CLEMENT: Does the House Report say that? Of course, the House Report says that. And if that’s enough to invalidate the statute, then you should invalidate the statute.

Yes, it does. And yes, you should.

 

The Lactose-Intolerance Award: To Justice Ruth Bader Ginsburg, who delivered this dairy product:

It’s — it’s — as Justice Kennedy said, 1100 statutes [that confer federal advantages], and it affects every area of life. And so he was really diminishing what the State has said is marriage. You’re saying, no, State said two kinds of marriage; the full marriage, and then this sort of skim milk marriage.

Well, we know what she thinks of DOMA. But I don’t want to milk the point any further.

The Billy Preston (“Nothin’ from Nothin'”) Award: To Justice Stephen Breyer. Always prolix (he had more “air time” than any other Justice in both of these arguments) and often entertaining, here’s how he explored the somewhat counterintuitive claim that states that give same-sex couples all the same rights as opposite-sex couples, but without the name, have a harder time defending their exclusionary laws than states that fence gay and lesbian couples out completely:

I mean, take a state that really does nothing whatsoever. They have no benefits, no nothing, no nothing.

Anything but that!

Best Performance of 1999: Belatedly awarded to Justice Samuel Alito, who bemoaned the possibility that the Court might be able to find a constitutional right for same-sex couples to marry on the ground that such marriages weren’t even as old as cell phones or the internet. After receiving the award, the Justice sped away in a Ford Granada.

 

The George Burns Award: To the woman playing the “straight man” during the arguments, Justice Sonia Sotomayor. Among her most unfunny but penetrating series of exchanges involved whether any other kind of discrimination against gays and lesbians might be justified. The attorney defending Prop 8, Charles Cooper, couldn’t think of any. The exchange reflected how far the nation has moved from the Justice Scalia position, expressed in cases like Romer v. Evans and Lawrence v. Texas that discrimination against gays and lesbians is still as American as apple pie. The exchange also points up the need to identify a real harm to society from same-sex marriages. None was identified during two-plus hours of argument.

 

Most Important Player in a Dramatic Role Award: As always, to Justice Kennedy, who will almost surely be the swing vote in both cases. It looks like he’s ready to join with the four sort-of liberals on the Court to strike down DOMA — but on states’ rights grounds, rather than on the basis that DOMA denies equality under the law — which it ever so plainly does. (Windsor’s estate tax bill upon the death of her wife: $363,000; hypothetical husband’s bill: $0.) It also looks like he wants Prop 8 gone, but doesn’t know quite how to get there. Two quotes, one epigrammatic and one moving:
[To a flabbergasted Charles Cooper]: “And you might address why you think we should take and decide this case.” (Really? Now? Over at Slate, I offered a possible reading of this statement.)

[T]here is an immediate legal injury…and that’s the voice of these children. There are some 40,000 children in California, according to the Red Brief, that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don’t you think?

The Marcel Marceau Lifetime Achievement Award: To Justice Clarence Thomas. ‘Nuff said.

 

John Culhane is the co-author of the new book,  Same-Sex Legal Kit for Dummies. He is a law professor who writes about various and sundry topics, including: disaster compensation; tort law; public health law; literature; science; sports; his own personal life (when he can bear the humanity); and, especially, LGBT rights and issues. He teaches at the Widener University School of Law, and is also a contributing writer for Slate.

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Trump Had Two Hours to Decide on Iran’s Fate — He Punted

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President Donald Trump concluded his executive time Friday morning with a statement announcing he would end the U.S. naval blockade of the Strait of Hormuz, and laid out his requirements for a deal with Iran, before declaring, “I will be meeting now, in the Situation Room, to make a final determination.”

After a two-hour meeting with his advisors, Trump left without making a decision.

“It was not clear why Mr. Trump did not reach a decision,” The New York Times reports.

“In recent days, the sides have exchanged fire, and Mr. Trump has repeatedly threatened a return to full-scale war,” the Times added.

Among Trump’s demands were that the Strait be reopened “immediately,” with no tolls imposed on traffic, and all water mines removed — although he noted, “we have removed, through detonation, numerous such mines with our great underwater mine sweepers.”

“Ships caught in the Strait due to our amazing and unprecedented Naval Blockade, which will now be lifted, may start the process of ‘heading home!’ Say hello to your wives, husbands, parents, and families from me, your favorite President,” he wrote. Trump added: “No money will be exchanged, until further notice.”

READ MORE: Judge: Trump Cannot Rename Kennedy Center

Were an agreement to be reached, the Times noted, “it could give Mr. Trump an off-ramp from a war that has driven up oil prices and grown deeply unpopular at home. It could also eventually allow Iran to regain access to frozen overseas assets and provide a route for Tehran to get billions of dollars of oil revenue flowing again.”

Even if the Strait reopened immediately, experts warn, replacing the lost oil could take months.

“The spokesman for Iran’s foreign ministry, Esmail Baghaei, said in a telephone interview with Iranian state media on Friday that current negotiations were limited in scope and did not include ‘the nuclear issue,'” the Times reports. Trump did specifically state that “Iran must agree that they will never have a Nuclear Weapon or Bomb.”

He also mentioned “nuclear dust,” writing that it “is buried deep underground with virtually collapsed mountains, caused by our powerful B2 Bomber attack 11 months ago, sitting on top of it.”

The president said that it “will be unearthed by the United States (which, it is agreed, is the only Country, along with China, with the mechanical capability of doing so!), in close coordination and conjunction with the Islamic Republic of Iran, plus the International Atomic Energy Agency, and destroyed.”

READ MORE: Where Are Trump’s Health Results?

 

Image via Reuters 

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Judge: Trump Cannot Rename Kennedy Center

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A federal judge has ordered that President Donald Trump cannot rename the John F. Kennedy Center for the Performing Arts, nor may he close it for what the Trump administration said were two years of renovations.

“The Kennedy Center’s organic statute makes crystal clear that the Center is to be named for President Kennedy, and it cannot bear any other formal name or public memorial based on the Board’s unilateral say-so,” the judge wrote, CNBC reports. “Congress gave the Kennedy Center its name, and only Congress can change it.”

Just weeks after he was sworn into office, Trump removed members of the board of the Kennedy Center and replaced them with allies and administration officials, including Richard Grenell, Pam Bondi, and Susie Wiles. The new board then voted for Trump to become chairman of the Kennedy Center.

In December, after the White House announced that the board of the Kennedy Center — the official, “living memorial” to the late president — had voted to rename the iconic cultural institution the Trump-Kennedy Center, several members of the Kennedy family took the opportunity to denounce the move.

Maria Shriver, the former First Lady of California, wrote: “The Kennedy Center was named after my uncle, President John F Kennedy.”

She called the renaming “beyond comprehension,” “beyond wild,” “downright weird,” and “obsessive in a weird way,” while explaining that the Kennedy Center was named in honor of a man who was interested in the arts, culture, education, language, and history.

“Next thing perhaps he will want to rename JFK Airport, rename the Lincoln Memorial, the Trump Lincoln Memorial,” she said. “The Trump Jefferson Memorial. The Trump Smithsonian. The list goes on.”

May 17 is President John F. Kennedy’s birthday, he was born in 1917.

 

This article has been updated.

Image via Reuters 

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A Letter From Deep Red Trump Country Scorches MAGA

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The Villages in Florida is deep red Trump country — it’s called the “largest retirement community in the world,” where nearly seven out of 10 county residents voted for Trump in 2024. It’s roughly four hours to President Donald Trump’s Mar-a-Lago residence and resort, and it’s not unusual to see Trump flags on the backs of residents’ golf carts.

Trump visited The Villages just a few weeks ago, where one resident told BBC News, “we’re as red as red gets.”

“The Village are very Republican and very Trumpster,” said another.

“Trump 2028!” declared another, waving his fist.

But the tide appears to be turning in Florida, where several polls spell bad news for Trump. His approval is underwater in one poll from April, and one released on Thursday shows a majority of Florida voters hold a negative view of the president.

Still, some may find a letter to the editor in The Villages local news declaring “MAGA has abandoned core Republican principles” surprising.

The letter declares MAGA is “not conservatism,” but rather a “betrayal” that has “embraced indulgence.”

“The irony is cruel,” says the letter writer, Carl Young. “Those who once railed against ‘big government’ now defend its excesses when it serves their side. The philosophy of restraint has been replaced by the politics of spectacle. Rome is burning, and the arsonists call the flames freedom.”

Young scorches Trump’s “Big Beautiful Bill” that he says “produced the highest deficit spending in history.”

Citing dystopian and totalitarian works by George Orwell, Ray Bradbury, and Ayn Rand, he writes: “This is not renewal but regression. America has been dragged into an alternate 1984, where responsibility collapses and chaos parades as strength. The political temperature has risen to 451. The pigs now rule the farm.”

These were never meant as prophecies. They were warnings,” he continues. “Atlas has finally shrugged.”

 

Image via Shutterstock

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