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Happy Constitution Day!

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Gay Marriage Is Not A States’ Rights Issue

Unless you’re currently in school, where our “Socialist” government forces (gasp!) all federally-funded educational institutions to devote time and resources — yes, your burdensome tax dollars! — to educate (read: “indoctrinate”) students about the Constitution, you probably aren’t aware that today is Constitution Day.

Constitution Day, formally known as, “Constitution Day and Citizenship Day,” was created to recognize the ratification of our Constitution, and to acknowledge all those who have become citizens of our country. (One assumes Barack Obama, although he’s a Socialist and a Communist, will not be celebrating, of course, as he is not a citizen!)

OK. Enough with the sarcasm. Down to business.

The U.S. Constitution is an elegant, elastic creation that has guided and inspired us since it was signed into being 222 years ago, in 1787. And no, I don’t agree with it all, but, like Donald Rumsfeld might say, you don’t run a country with the Constitution you want, you run a country with the Constitution you have.

And yes, a lot has changed since it was written. But the principles in our Declaration of Independence – upon which our country were founded: life, liberty, the pursuit of happiness – haven’t.

So, let’s talk about gay marriage.

Gay marriage, same-sex marriage, marriage equality, whatever we want to call it, bottom line, it’s marriage. Someday, we’ll be able to say “marriage” unequivocally and without qualification.

The Supreme Court affirmed, in 1967, that marriage is, indeed, a civil right. In the unanimously-decided Loving v. Virginia, the U.S. Supreme Court stated,

“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”

Make the obvious switch from racial terms to identity and orientation terms and the result is, well, obvious.

The Fourteenth Amendment to the U.S. Constitution includes this passage:

“…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Surely marriage is both a “basic civil right” and a “protection of the law?”

The much-heralded, upcoming Supreme Court case, brought by Ted Olson and David Boies, will challenge California’s Prop 8 on two important Constitutional cases.

Romer v. Evans, the Supreme Court case that ruled against a Colorado constitutional amendment that had prohibited state protections for homosexual citizens. And Lawrence v. Texas, which struck down sodomy laws in Texas, and, therefore, in the United States.

So, where is all this taking us?

The battle for marriage equality has been fought at the state level, for several reasons. Many have said marriage is a states’ rights issue. Others have been disinclined to bring a case to the U.S. Supreme Court, concerned that a judgment against marriage equality by the conservative court would establish precedent that would be even more difficult to overturn.

Marriage is not a states’ rights issue. Marriage, as determined in Loving, is a civil right. Civil rights are not states’ rights, but federal. It is the FBI, for example, that investigates civil rights abuses. Civil rights are, simply, federal.

And we’ve been wrong to fight this battle at the state level. It is, in fact, a Constitutional issue.

Nevertheless, that’s what we’re stuck with. For now. Because at some point, and probably not in January, when the Boies-Olson case will be brought before the Supreme Court, but at some point enough states will offer full marriage equality to make Article Four — U.S. Constitution’s full faith and credit clause — the elephant in the room.

Repeal of DOMA will make this more likely, as DOMA allows (unconstitutionally, in my opinion) states and the federal government to ignore the legal and judicial proceedings of other states.

Which is all the more reason why it is critical we support, and work very hard to ensure that the “Respect for Marriage Act,” introduced into Congress on Tuesday, is passed and signed into law.

The Constitution is an elastic instrument. It is not a black and white document without room for interpretation.

We will win marriage equality. It may be via language already in the Constitution. It may be via Congressional legislation. It may be, sadly, one state at a time. The one thing I do know: it will not be via inaction.

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News

Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report

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5 hours ago

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May 2, 2024

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Since at least 2012 Donald Trump has been engaging in election denialism. Now, a tenet of the Republican Party, the refusal to accept official election results they don’t like is ingrained in a large number of his followers.

“I think that the powers that be on the Democratic side have figured out a way to circumvent democracy,” Darlene Anastas, 69, of Middleborough, Massachusetts, told NBC News. The network “spoke to more than 50 Trump supporters, most of whom said they don’t believe Biden can win legitimately in November.”

“Poll after poll,” NBC also reported, “has found that a large proportion of the Republican electorate believes the only reasons Joe Biden is president are voter fraud and Democratic dirty tricks, buying into former President Donald Trump’s baseless claims about the 2020 election.”

NBC spoke with 72-year old George Crosby, from Fitzwilliam, New Hampshire, who said, Democrats “cheat like crazy” (video below).

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“I think they cheated before, and I think they’re going to try to do it again, because they’re a bunch of communists,” Fitzwilliam added.

38-year old James Russon of Eagle Mountain, Utah told NBC, “There’s no way Biden could legally … win without unfair means.”

“He added that the only way Biden could prevail would be through ‘cheating’ or ‘a lot of deceased people voting.'”

62-year old Randall Minicola of Las Vegas said it would be “impossible” for Biden to win. “I don’t think he’s got a following. I mean, you look who’s behind him — the only thing he’s got is ghosts behind him. That’s what I believe. Where’s the supporters then? Are they in the basement with him? I don’t think so.”

NBC News did not report on where these particular GOP voters got their information or how they came to believe these claims, but it did note the “possibility of another election in which large numbers of Republicans refuse to accept a Biden victory has also been stoked by influential conservatives.”

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Trump’s election denialism is so strong that in 2020 CNN published “A list of the times Trump has said he won’t accept the election results or leave office if he loses.”

Election denialism continues to be spread throughout the right.

“A senile man is not going to get elected in the most powerful country in the world unless there’s fraud,” former Fox News host Tucker Carlson said in March, NBC noted. Carlson, a purveyor of conspiracy theories, has spoken very positively about Russia and its authoritarian president, Vladimir Putin, and against Ukraine’s President Volodymyr Zelensky.

Numerous studies and fact checks have found mail-in voting to be safe and secure, with little opportunity for fraud, yet just last week Carlson, like Trump, was claiming massive election fraud. Undermining Americans’ faith in democracy was a main goal of Russian President Putin’s 2016 attack on the U.S. elections, according to a 2017 report issued by a group of U.S. Intelligence agencies.

But just last week Carlson claimed, “About one in five mail-in ballots in the last election was fraudulent, handing Biden the presidency. We know this because the people who committed the fraud have admitted it in a new poll.”

A portion of NBC’s report from Thursday also appears in this January 2024 NBC News video.

Watch the video below or at this link.

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Trump Won’t Commit to Accepting Election Results if He Doesn’t Win State He Falsely Claims He Won

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9 hours ago

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May 2, 2024

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Falsely claiming he won the state of Wisconsin in the 2020 presidential election Donald Trump is now refusing to commit to accepting the 2024 results for the Badger State this November.

In an interview with Wisconsin’s Milwaukee Journal Sentinel Trump appeared to dance around the issue, declaring he would only accept the official results “if everything’s honest.”

“If everything’s honest, I’d gladly accept the results,” Trump told the paper’s Alison Dirr and Molly Beck in an interview Wednesday. “If it’s not, you have to fight for the right of the country.”

“But if everything’s honest, which we anticipate it will be — a lot of changes have been made over the last few years — but if everything’s honest, I will absolutely accept the results,” he said.

The Journal Sentinel reports Trump “offered similar conditions when asked the same question by news outlets in 2016 and 2020.”

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“I’d be doing a disservice to the country if I said otherwise,” he said.

In that interview Trump once again falsely claimed he won Wisconsin in 2020, a state President Joe Biden actually won by more than 20,000 votes.

“If you go back and look at all of the things that had been found out, it showed that I won the election in Wisconsin,” Trump told the newspaper. “It also showed I won the election in other locations.”

Trump’s “Big Lie,” that the 2020 election was “rigged” against him, along with his support for the January 6, 2021 insurrection, have been central to his 2024 campaign.

“Trump’s refusal to accept the results of the last presidential election in Wisconsin and his new comments placing conditions on when he would accept the results of the next election come as Republicans are seeking to persuade GOP voters to restore their trust in the state’s system of elections and embrace absentee voting,” the Journal Sentinel reported. “There’s no evidence to support that Wisconsin’s election was tainted by cheating or fraud in 2020. The results have been confirmed by recounts in Dane and Milwaukee counties that Trump paid for, court rulings, a nonpartisan state audit and a study by the conservative legal firm Wisconsin Institute of Law & Liberty, among other analyses.”

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In October of 2016, weeks before Election Day, during the final presidential debate, Trump was asked if he would make the commitment “that you will absolutely accept the results of this election?”

“I will look at it at the time,” Trump replied. “I’m not looking at anything now, I’ll look at it at the time.”

He then went on to sow doubt about the credibility of the election.

Trump’s refusal to accept election results stretches back more than a decade, even before he ran for president.

After he refused to accept his loss in 2020, ABC News reported “Trump has longstanding history of calling elections ‘rigged’ if he doesn’t like the results.”

“On election night in 2012, when President Barack Obama was reelected, Trump said that the election was a ‘total sham’ and a ‘travesty,’ while also making the claim that the United States is ‘not a democracy’ after Obama secured his victory.

“We can’t let this happen. We should march on Washington and stop this travesty. Our nation is totally divided!” Trump wrote on Twitter

One month later, in December of 2012, Trump tweeted, “The electoral college is a disaster for a democracy.” Ironically, four years later he became president after losing the popular vote to Hillary Clinton, but winning the Electoral College.

Watch the video above or at this link.

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‘No Place for Antisemitism’: Biden Denounces Violent Campus Protests, Hate Speech and Racism

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12 hours ago

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May 2, 2024

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President Joe Biden made rare, unscheduled remarks from the White House Thursday morning, denouncing the recent violent protests on college campuses, and telling Americans there is “no place” for antisemitism anywhere across the nation. He also denounced “hate speech” and “racism,” while declaring his support for the right to peacefully protest.

“There should be no place on any campus, no place in America for antisemitism or threats of violence against Jewish students,” President Biden declared. “There is no place for hate speech, or violence of any kind, whether it’s antisemitism, Islamophobia, or discrimination against Arab Americans or Palestinian Americans. It’s simply wrong. There’s no place for racism in America. It’s all wrong. It’s un-American.”

“Violent protest is not protected,” Biden said strongly. “Peaceful protest is.”

Stressing “the right to free speech,” and the people’s right “to peacefully assemble and make their voices heard,” President Biden also declared the importance of “the rule of law.”

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“We are not an authoritarian nation where we silence people or squash dissent,” the President also said, praising the ideal of peaceful protests, which he said are in the “best tradition of how Americans respond to consequential issues.”

“But,” he added, “neither are we a lawless country. We are a civil society and order must prevail.”

America is a “big, diverse, free thinking and freedom-loving nation,” Biden said, denouncing those “who rush in to score political points.”

“This isn’t a moment for politics, it’s a moment for clarity.”

“It’s against the law when violence occurs. Destroying property is not a peaceful protest. It’s against the law. Vandalism, trespassing, breaking windows, shutting down campuses, forcing the cancellation of classes and graduations. None of this is a peaceful protest,” he warned. “Threatening people, intimidating people. instilling fear in people is not peaceful protest. It’s against the law. Dissent is essential to democracy but dissent must never lead to disorder or to denying the rights of others so students can finish a semester and their college education.”

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“Look. It’s basically a matter of fairness. It’s a matter of what’s right. There’s the right to protest, but not the right to cause chaos. People have the right to get an education, the right to get a degree, the right to walk across the campus safely without fear of being attacked.”

“I understand people have strong feelings and deep convictions in America. We respect the right and protect the right for them to express that. But it doesn’t mean anything goes. It needs to be done without violence. Without destruction, without hate, and within the law. And I’ll make no mistake. As President, I will always defend free speech. And I will always be just as strong standing up for the rule of law. That’s my responsibility to you the American people. My obligation to the Constitution.”

The President also responded to reporters’ questions, including saying he saw no need to call up the National Guard.

Watch the videos above or at this link.

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