Connect with us

The Ennead Awards: Nine Justices, Nine Prizes

Published

on

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.

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Congressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds

Published

on

U.S. Rep. Mike Collins, Republican of Georgia, is under fire after praising University of Mississippi students, some wearing American flag outfits, mocking a Black woman protester by making monkey sounds and shouting, “lock her up.”

“Counter-protestors at the University of Mississippi made racist remarks — including monkey noises and comparisons to Lizzo — towards a Black woman who was part of a planned protest against the war in Gaza,” Los Angeles Magazine reported Friday.

Collins, who tried to defund Vice President Kamala Harris’ Office in November, declared his support for the counter-protesters at “Ole Miss,” as the University is called.

“Ole Miss taking care of business,” he wrote on social media, atop the video (below).

The counter-protesters, as evidenced in the video, appear to be mostly white.

A large number of users on the social media platform X responded, accusing the Congressman and the counter-protesters of racism.

“When is the inevitable ‘I don’t have a racist bone in my body’ tweet coming,” wondered Rewire News Group editor-at-large Imani Gandy.

“Which part is your favorite, Mike?” asked Fred Wellman, the former executive director of The Lincoln Project. “Is it the white kid acting like a monkey at the black woman or the white security guy acting like she’s a threat? I’m trying to figure out which flavor of racism has you all excited the most?”

READ MORE: MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

Harvard Law Cyberlaw Clinic clinical instructor Alejandra Caraballo responded to the Georgia GOP congressman, “Thanks for confirming you’re a massive racist piece of sh*t.”

Mississippi Free Press news editor Ashton Pittman wrote: “Rep. Mike Collins, R-Georgia, praises a video showing a University of Mississippi frat boy dancing like a monkey and making monkey noises near a Black woman student who was protesting for Palestine while other frat boys chant ‘lock her up.'”

In a separate post describing a separate video taken of the same group Pittman wrote: “Frat bros at @OleMiss chant, ‘Lizzo! Lizzo!’ and shout, ‘F**k you fatass, f**k you b*tch’ at a Black woman who was protesting for Palestine. Do people really think these counterprotestors are doing it to support Jews?”

Journalist John Harwood did not mince words, writing, “Congressman proud of the racism.”

“Okay, Mike. We get it,” wrote podcast host, documentary director, and author W. Kamau Bell. “You want to be famous for being a racist. Fine. I’ll help you become a famous racist. You’re welcome.”

The original video is here.

See Rep. Collins’ post and the video below or at this link.

Caution: the video is disturbing.

READ MORE: Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

Continue Reading

News

Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’

Published

on

Amid more damning revelations from her soon-to-be released book, embattled South Dakota Republican Governor Kristi Noem will head to Mar-a-Lago this weekend as ex-president Donald Trump auditions potential vice presidential picks in front of high-dollar donors. Noem was also slated to attend a Republican fundraiser in Colorado this weekend but it was canceled over alleged safety concerns after news broke she had bragged about shooting her 14-month old dog.

While Noem’s shooting to death of her wirehaired pointer, Cricket, which she detailed in the book, is still making headlines overnight a new revelation made news: Noem falsely claims in her book she met with North Korean dictator Kim Jong-un.

A spokesperson for Noem “seemed to concede that the Kim story was false Thursday night,” and notified her publisher, Politico’s Ryan Lizza reported in his exclusive.

But less noticed appears to be the actual text of Noem’s false story, in which she brands children she ministered in church “little tyrants,” and compared them to the murderous North Korean dictator.

READ MORE: RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties

“Through my tenure on the House Armed Services Committee,” Noem wrote, according to Politico, “I had the chance to travel to many countries to meet with world leaders. I remember when I met with North Korean dictator Kim Jong Un. I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor, after all).”

CNBC reported this week Trump “will mingle with potential vice presidential running mates and wealthy Republican donors at the Republican National Committee’s spring donor retreat. The meetings are likely to act as informal tryouts for a short list of politicos in the running to join the Trump ticket.”

The list of Republican “special guests” includes U.S. Senators Marco Rubio, Tim Scott, and J.D. Vance, Rep. Elise Stefanik, North Dakota Governor Doug Burgum, and South Dakota Governor Kristi Noem.

Also expected to attend are House Speaker Mike Johnson, U.S. Reps. Byron Donalds of Florida and Wesley Hunt of Texas, former GOP presidential candidate Vivek Ramaswamy, and other elected Republicans along with RNC co-chair Lara Trump.

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

NBC News, which says Rep. Donalds is also under consideration, on Friday added there will be “a fundraising retreat that could serve as a screening session” for potential vice presidential running mates.

Meanwhile, the Jefferson County, Colorado Republican Party chair announced a fundraising dinner Noem was slated to attend was canceled after threats were made, The Denver Post reports.

“We understood there was a planned organized protest outside of the hotel, led by Progress Now,” Nancy Pallozzi said. “I felt that our event would be negatively impacted, and we could not take the risk that those who made threats would cause physical harm.”

 

 

Continue Reading

News

RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties

Published

on

Over the weekend independent 2024 presidential candidate Robert F. Kennedy, Jr. spoke at a fundraiser for a far-right anti-government group in Erie County, New York – a slice of the country that had a large proportion of residents arrested and charged for crimes related to the January 6 insurrection. Kennedy, a conspiracy theorist and vaccine denialist, increasingly is embracing the far-right.

“That group, Constitutional Coalition of New York State, has founders who not only have ties to Donald Trump but are also connected to the stop-the-steal movement through their activist network, which includes groups that had a presence at the Capitol on Jan. 6,” The Daily Beast reported Friday. “It’s yet another instance of Kennedy—who is mounting one of the most well-funded third-party presidential threats in decades—serving as a peculiar bridge between his own anti-establishment movement and Trump’s.”

The Southern Poverty Law Center includes the Constitutional Coalition of New York State (CCNYS) on its page of anti-government groups. Political Research Associates, which detailed the high proportion of January 6 residents arrested and charged, included the Constitutional Coalition of New York State in its February report on “The Rise of the Far Right in Western New York.”

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

“If you don’t think the government is lying to you, you’re not paying attention,” Kennedy told attendees at the CCNYS fundraiser, The Buffalo News reports.

“CCNYS founders Nick and Nancie Orticelli are also affiliated with the Watchmen, a nearby militia who Nick has encouraged his social media followers to join. The Watchmen had several members at the Capitol on Jan. 6, and one member, Pete Harding, is still facing charges for violent entry and disorderly conduct on Capitol grounds,” The Daily Beast noted. “Nancie Orticelli has also hosted the Watchmen’s founder, Charles Pellien, on her weekly radio show on several occasions.”

One of Kennedy’s goals in traveling to New York was to get on the ballot for the November presidential election. Various polls show him taking votes from both President Joe Biden and ex-president Donald Trump, but Kennedy currently has only qualified to be on the ballot in three states, Utah, Michigan and Hawaii, the newspaper reported.

But The Washington Post on Thursday reported The American Independent Party of California, which has a history of “far-right ties,” and “backed segregationist and former Alabama governor George Wallace in 1968, nominated Kennedy for president.”

Kennedy “said this week that he has qualified to be on the ballot in California and will accept the nomination of the American Independent Party, which has a history of associating itself with far-right figures and individuals who have expressed racist views.”

Some news reports and RFK Jr. himself say the Trump campaign was actively courting Kennedy, attempting to convince him to consider being the ex-president’s 2024 vice presidential running mate.

“That MAGA dalliance with Kennedy could be coming back to bite the Trump campaign, some Republicans close to the former president worry,” The Daily Beast also reported.

“’They can only blame themselves,’ a Trump-aligned strategist told The Daily Beast, requesting anonymity to speak candidly about private conversations about the risk Kennedy poses, ‘because they cozied up to him and thought it was funny.’”

Watch WIVBTV’s report on Kennedy’s trip to New York below or at this link.

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

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.