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Law, Unwrapped: The Illinois Civil Union Experiment

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Civil unions – they’re not just for gays any more. (I know, I just paraphrased Anita Bryant. But read on anyway….)

On June 1 of this year, Illinois became the first state to allow opposite-sex couples to form civil unions. And some couples are doing just that. During the first three month period of the new law, about 100 opposite-sex couples in Cook County (Chicago) alone decided to forgo marriage in favor of this odd statutory creature.

But why would they do this? After all, despite states’ best efforts to create marriage without the name, civil unions can’t do that. For one thing, those in a civil union aren’t married for federal purposes any more than we are. This would be true even if the Defense of Marriage Act (DOMA) were repealed, because there’s no federal civil union.

Yet opposite-sex couples are starting to flee marriage while same-sex couples continue to demand it. What’s going on here?

We’re coming at the civil union from opposite directions. Our reasons for demanding marriage are simple, clear, and powerful, and our biggest complaint about civil unions isn’t that they don’t confer federal benefits. It’s that they’re not marriage.

For a same-sex couple, the civil union turns out to be both a necessary expedient and a sharp slap in the face. Some of us want or need the limited benefits, status, and obligations that civil unions confer, but – darn it! – we can’t help noticing that the main reason for their creation is to keep us out of marriage. It’s a paradox: by giving us the rights and benefits of marriage while withholding the title, the state makes clear that it’s still OK to discriminate against us. That’s why marriage equality – in name as well as in substance – is such a priority.

But the matter looks quite different to opposite-sex couples. Since they’re not being excluded from anything, a few progressive folks have taken a hard look at marriage and decided: “Thanks, but no thanks. I’ll take a civil union instead.” Freed from the yoke of second-class citizenship that same-sex couples labor under, straight couples might be likelier than many of us to ask a bunch of really good questions about marriage:

  • Do I want to be part of an institution that’s so bound up in patriarchy?
  • How do I feel about the religious association that seems to be a part of marriage (even though it is, legally, a civil event)?
  • And do I want to participate in a legal institution that excludes same-sex couples for no good reason?

I’m not speculating here. These are some of the answers I’ve gotten through interviewing some of these couples for my book on civil unions. I’m getting an education on the complex reasons for their decisions, and a broader sense that marriage is in deep trouble unless it catches up with societal changes. As straight folks start civilly uniting, their example will doubtless spread to others who will start to ask the same questions, thereby further deconstructing marriage.

This is a welcome development, whatever one thinks of the marriage equality issue. It’s one thing to seek equality and another to accept that the institution we’re struggling so hard to get into should maintain its vast privileges.

As one of the interviewees – herself a lawyer – said to me recently, we need to think about laws that support all kinds of families that actually exist. Civil unions are an important step in that direction.

It’s small wonder, then, that many on the right oppose the civil union, perhaps especially when it’s offered to straight couples. Because marriage is for them the only adult relationship that deserves support, for reasons they don’t often need to defend. But reality upsets their orthodoxy, and will one day force them out of their complacency.
Were he born 10,000 years ago, John Culhane would not have survived to adulthood; he has no useful, practical skills. 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 a Senior Fellow at the Thomas Jefferson School of Population Health.

He is also a contributor to Slate Magazine, and writes his own eclectic blog. You can follow him on Facebook and Twitter if you’re blessed with lots of time.

John Culhane lives in the Powelton Village area of Philadelphia with his partner David and their twin daughters, Courtnee and Alexa. Each month, he awaits the third Saturday evening for the neighborhood Wine Club gathering.

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

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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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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.

READ MORE: ‘Antisemitism Is Wrong, But’: Marjorie Taylor Greene Pilloried for Promoting Antisemitic Claim

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

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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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