Politics: Don't Tread on Me

It’s time we stopped worshipping the Constitution and our “founding fathers”

For our founding fathers, “people” was a euphemism” that meant “rich white men.” Sadly, the same is true for many of our current leaders.

It’s been a momentous couple of weeks. Obamacare won a key victory, and as a result it’s going to be much harder for Republican politicians to roll it back in the future. There is a great deal wrong with the Affordable Care Act, to be sure, but at least it represents the acknowledgment that the general health of the nation’s citizens is a legitimate government concern.

The Confederate flag – specifically, the famous Stars & Bars battle jack – and the deeply ingrained racism it represents took a major ass-whipping. No, striking a symbol of treason and prejudice won’t make racism go away – any more than electing a black president did – but it’s a meaningful symbolic victory in a long cultural war. If that flag flies on the grounds of the statehouse, it’s an express acknowledgement to everyone that it’s okay to celebrate a “heritage” built on slavery. Continue reading

WesSupremeCourt2

It will simply be marriage

WesSupremeCourt2On Friday June 26, James Obergefell, who was prohibited by the state of Ohio from listing himself as the surviving spouse on his husband, John’s death certificate, was granted a victory by the US Supreme Court in the case Obergefell v. Hodges. He spoke for about four minutes on the meaning of the decision for himself personally as well as for the country. My favorite part of his remarks was this explanation:

“It’s my hope that the term ‘gay marriage’ will become a thing of the past, that from this day forward it will simply be ‘marriage.’ And our nation will be better off because of it.”

Elsewhere in the crowd, in an Arkansas Razorbacks t-shirt and green John Deere baseball cap, my friend, Wes Givens, made a short post to Facebook:

WesWeWon

Continue reading

ArtSunday: LIterature

Jean Genet’s Treasures of the Night: once an outlaw…

The poems in the Genet collection Treasures of the Night will shock and offend those unprepared to accept love’s alternative practitioners. Genet would like that….

Treasures of the Night by Jean Genet (image courtesy Gay Sunshine Press)

The next work from the world literature section of the 2015 reading list is an early (and problematic) translation of the collected poems of French playwright, novelist, poet, vagabond, and professional ne’er-do-well Jean Genet called Treasures of the Night. Genet is one of literature’s most celebrated “bad boys,” having been sent to a reformatory as incorrigible when he was 15 and to the French Foreign Legion, an organization with a long history of making bad boys shape up, at 18.

They failed with Genet. If anything, he became even more of a bad boy. According to conflicting accounts Genet either deserted or was kicked out of the Legion for “indecency.” The indecency involved Genet and another Legionnaire. Over the two decades following his separation from the Legion, Genet would be arrested and jailed on numerous occasions for vagabondage, thievery, and prostitution. Finally, perhaps out of sheer desperation, he began to write and became a cause célèbre among France’s most distinguished literati and artists including Cocteau, Sartre, Gide, and Picasso. As his career progressed he enjoyed considerable success as a novelist, even greater success as a playwright. Perhaps his least known works are his poems. Continue reading

Alan Turing

Turing’s time

Last night we attended the world premiere of Sentences, Nico Muhly’s homage to Alan Turing, composed as a performance by counter-tenor Iestyn Davies. It was a lovely performance, consisting of seven sections, each relating to an aspect of Turing’s life. As Muhly said earlier in the week, they didn’t want to put together a typical gay tragedy, and in this they succeeded. Time will tell, of course, how durable of piece of composition it really is, but the Barbican crowd certainly enjoyed it, giving both Muhly, who conducted the glorious Britten Sinfonia, and Davies several standing ovations.

The libretto was by Adam Gopnik, whose day job is as a staff writer for The New Yorker magazine. In the program notes, Gopnik makes an interesting point—writing something new these days about Turing is like writing something new about Robin Hood. The myths have become so ingrained that’s it’s hard to come up with anything truly new. Turing has been not only rehabilitated, he’s nearly been canonized. Continue reading

CATEGORY: LGBT

#notalltranswomen, TERF’s, radfem hate, cotton ceilings, and more

All the caveats. Trigger warning. NSFW. Likely to offend many. Crass to make points.

It’s Friday, and I’m hyper-caffeinated, so I’m gonna stir the pot on a hot-button issue (at least to some folks). As it turns out, it’s not just MRA types that have a beef against a great many feminists, and especially radical feminists. There’s a segment of the population, and, don’t get me wrong, an important segment with as much right to those inalienable rights that we hold so dear as anyone else. But they have some ideas that I find more than a bit repugnant. I’m talking specifically about the sorts of trans women (‪#‎notalltranswomen‬, to be clear) who have decided that radfems who disagree with them on some none-too-fine points are somehow a hate group with a philosophy deserving of its own acronym: TERF (trans-exclusive radical feminism). This may be old news to some, but it’s new news to me, and apparently it’s a lingering sore spot so it’s still fair game.

Continue reading

Religion

Lost our way morally? Like hell, Mike.

In Huckabee’s America, all who fail to believe as he does are morally bankrupt

From Mike Huckabee’s announcement of his 2016 presidential campaign:
“But we’ve lost our way morally. We have witnessed the slaughter of over 55 million babies in the name of choice, and are now threatening the foundation of religious liberty by criminalizing Christianity in demanding that we abandon Biblical principles of natural marriage. Many of our politicians have surrendered to the false god of judicial supremacy, which would allow black-robed and unelected judges the power to make law and enforce it-upending the equality of our three branches of government and the separation of powers so very central to our Constitution. The Supreme Court is not the Supreme Being, and they can’t overturn the laws of nature or of nature’s God.”

Continue reading

CATEGORY: Guns

Rights and reasoning from first principles

I think both sides need to go back to the drawing table

I just saw a video that left me in a bit of a quandary. Unfortunately, it’s embedded in a Facebook post, so I’ll just have to link to it here rather than display it. The premise is simple enough. Kroger apparently permits open carry of firearms, at least in jurisdictions where that is legal. Upset gun control advocates would like Kroger to stop this practice.

Fair enough on its face. People want things to be different. They’re exercising their right to free speech to put pressure on the company. Fine.

Here’s what gets me though. Continue reading

Hillary announces, Progressives already getting thrown under bus

It’s not even damned if we do, damned if we don’t. It’s just damned.

Of course you’ve probably heard that Hillary has finally announced, on Twitter no less.

Continue reading

WordsDay: Literature

Andre Gide’s Corydon: Defending who you are…

“It is better to be hated for what you are than to be loved for something you are not.”                                                                                                                                                – André Gide

Corydon by Andre Gide (image courtesy Goodreads)

The complex and provocative André Gide is known for his unconventional examinations of morality in which he usually pits the conventions of accepted public morals against the  individual moral (sometimes amoral) views of his characters. In novels such a The Immoralist, Strait is the Gate, and The Vatican Cellars Gide explores alternate lifestyles, failed relationships, and Nietzschean acts of ubermensch-iness for both tragic and comic effect. These works won Gide the Nobel Prize in 1947.

I’ve read all of the above mentioned works by Gide. My favorite is The Vatican Cellars (Les Caves du Vatican), a comic adventure that crosses elements of The DaVinci Code sort of conspiracy theory nonsense with Dostoyevsky’s Crime and Punishment. In the hands of an arch satirist like Gide, a plot about saving the Pope from the machinations of the Masons goes sideways because of the actions of a Raskolnikovean sort of ne’er-do-well named Lafcadio who decides that what he really needs to do with his life is kill someone at random so that there is no motive at all to connect him to the murder. Unfortunately, the man he decides to kill turns out to be a vital cog in the aforementioned Pope v. Masons business. Hilarity of the darkest shades ensues. Really. It’s a very funny book – in dark, dark ways.

Unfortunately, this sort of funny stuff was an anomaly in Gide’s oeuvre. He mainly focuses on the unhappy effects of rebelling against (L’immoraliste) or falling prey to (La porte étroite) accepted social and cultural institutions and behaviors. Corydon, his attempt to justify homosexuality as a natural human behavior, is firmly on the serious side of the Gide ledger. Continue reading

Facebook - Unshare

Goodbye, Facebook. Supporting anti-gay marriage, anti-human rights candidate was finally too much.

After all Facebook has done, there’s only so much a person can take.

And kittehs. Can’t forget about the kittehs.

By now, anyone who has been paying attention is well aware of Facebook’s general user-unfriendly shenanigans, with the possible exception of Facebook’s support for net neutrality, to say nothing of all the minor aggravations users put up with on a daily basis…continually refreshing advertisements, live video popping up in the news feed, a news feed that doesn’t show you everything you mean to see, a newsfeed that occasionally reverts to Top Stories in spite of your every wish and command. Oh, but hey, there’s kittehs!

What kind of user-unfriendly shenanigans, one might wonder?

Continue reading

Glenn Beck might be available for your call. Don’t delay. Dial now.*

Is there a word for espousing the practice of fine points of faith while breaking with the key themes?

888-727-BECK

I realize my views on the following topic may well be considered heretical. I’m okay with that. The folks most likely to believe that about what I think and say hold views I’m likely to find heretical. I do hope you’ll pardon me for chiming in. I’m willing to bet I’m at least as qualified to weigh in on matters of faith as Glenn Beck is, so I see this as entirely fair game.

Recently, Raw Story posted the following:

MA mayor: City to donate $5 for every angry, anti-LGBT caller Glenn Beck sends after us

If one had to guess, in a general way, the religion of the people who hate LGBT people, or at the very least, express anger to and about them, what would it be in the good ol’ US of A? In other countries, other religions might fit the bill just as easily, but I’m talking about here. Continue reading

LGBT

Tony Dungy is the Clarence Thomas of football

When he goes to bed tonight, Tony Dungy should offer a prayer of thanks that the US isn’t at the mercy of people like him.

Tony Dungy wouldn’t have drafted Michael Sam. But not because he’s gay! No, no. Because things will happen. You know … things.

Three thoughts.

1: Look! Look! See, Michael Sam is on TV being interviewed about non-football issues. He’s being a DISTRACTION! And why? Because … well, because Tony Dungy is in the media talking about how Sam is a distraction.

Don’t start no distraction, won’t be no distraction. Just saying. Continue reading

It seemed like a fair trade, until…: a ‘Tokyo Panic Story’

In which I encounter a pair of drunks, one of whom tried to grab my crotch…

At Minami-senju Station in Tokyo, this guy was drunk beyond belief and reeked of booze. But he let me take is his picture.

Continue reading

CATEGORY: FreeSpeech

Brendan Eich case raises free speech issues for people who don’t understand how free speech works

No, Virginia. Intolerance of intolerance isn’t the same as intolerance of human beings.

When it became public that recently appointed Mozilla CEO Brendan Eich had donated to the controversial anti-gay rights Prop 8 initiative in California back in 2008, things – as we used to say back home – blowed up. Rarebit yanked an app from the Mozilla marketplace and in a highly visible move, dating site OK Cupid asked its users not to access the site with Mozilla’s Firefox browser.

Eich fought back, and we witnessed a couple of days of textbook crisis management as the company (and its under-fire CEO) worked to convince the world that a person’s official and personal beliefs can be compartmentalized – that is, you can be anti-equality in your private life but suitably inclusive at work. Continue reading

Fred-Phelps

Gay marriage: Fred Phelps’ death is the end of an era, but it isn’t the end of the fight

The passing of Fred Phelps actually makes the struggle for gay marriage and LGBT equality a little more difficult.

A few days ago I summed up the impact the late Fred Phelps exerted on American society, concluding that he was, ironically, one of the best things that ever happened to the LGBT community’s quest for social justice. A number of other observers agreed, including Jay Michaelson at The Daily Beast and Peter Scheer at TruthDig, who thanked him for “his years of service to the gay rights movement.”

Continue reading

LGBT

Fred Phelps is dead: the LGBT community owes him a debt of gratitude

An evil man has departed the Earth, but not before inadvertently making it a better place.

Without Contraries is no progression. – Blake

Fred Phelps, founder of Topeka’s Westboro Baptist Church, is dead.

Over the past several years Phelps distinguished himself as one of the most vile people in America, which is no small feat given the high profiles our society has accorded Hall of Fame hatemongers like Rush Limbaugh and Ann Coulter.

As he has lingered on his deathbed in recent days, we’ve had a chance to ponder this moment and discuss what the proper response might be. My own pot shot – “may his funeral be well attended” – paled compared to some of the (justified, it must be admitted) rage against the man’s legacy. At the same time, we saw altogether more noble comments from people like Facebook’s First Citizen, George Takei, who reminded us that hate is conquered not by more hate, but by love. Continue reading

Pussy-Riot

П is for Pussy Riot: thinking ahead to the next Russian Olympic Games

Pussy Riot’s commitment to social justice in the motherland is more than admirable. It perhaps merits a spot in Russia’s artistic canon.

The 2014 Winter Olympics in Sochi, Russia closed today, and if you set aside the homophobia and generally strong-armed approach to governance by the host, one Vladimir Putin, these games were remarkable in just about every way.

The images of the opening ceremonies have lingered with me for the past couple of weeks. If you watched, you know that the creative team built their narrative around the highwater marks in the nation’s glorious history, honoring their accomplishments in the arts, literature, science and technology. Given Russia’s considerable heritage, the little girl’s interaction with Cyrillic alphabet primer, associating a historical moment with each letter, couldn’t help being an impressive reminder to the world of the nation’s rich cultural legacy. Continue reading

CATEGORY: LGBT

Michael Sam comes out; will any existing players join him?

Michael Sam has made it easier for current gay players in the NFL. Will they do the same for him?

By now you’ve probably heard that Missouri defensive lineman Michael Sam has publicly announced that he’s gay. A projected third-round pick in the upcoming NFL draft, this decision will (unless all 32 teams simply decide that they’re going to be officially homophobic and to hell with whoever doesn’t like it) make him the league’s first active out player.

NFLPA President Domonique Foxworth predicts that players will accept him “with open arms.” Makes sense – his teammates at Mizzou did. Continue reading

CATEGORY: The New Constitution

The New Constitution: comprehensive statement of principles (draft)

CATEGORY: The New ConstitutionThe original plan when we began this project was to offer the amendments individually, invite discussion, then produce a final document. The course of the process, though, has made a couple things clear. First, there needs to be a period to discuss the entire document in context, and second, while the original “Bill of Rights” approach perhaps had a certain formatic elegance about it, the project is better served by a less formalized articulation of general principles.

As a result, what follows is a restructured draft that accounts for the discussions so far and that also adds some new elements that have arisen since the process launched.

We will compile a final statement of principles out of this discussion.

_____

1)    Organization, Composition and Conduct of Government

a)     Proportional Representation

i)      No political party representing a significant minority of the electorate – and here we suggest five percent as a workable baseline – will be denied direct representation in the legislature.

ii)     All legislative bodies shall be comprised proportionally according to the populations represented and all elected officials should be selected by direct vote of the people.[1]

b)     Public Financing of Elections

i)      In order to eliminate the corrupting, anti-democratic influence of corporate and special interest money on the electoral process, all elections shall be publicly financed. No individual will be allowed to contribute more than a token sum to an official, candidate or political party (perhaps the cap could be in line with the current $2,000 limit for contributions to presidential candidates).

ii)     All corporate, commercial and other private or publicly held entities shall be forbidden from contributing directly to any official, candidate or political party.

iii)   All citizens and collective entities are free to designate a portion of their annual tax contributions to a general election fund.

iv)    No contributions to the electoral process shall be allowed by foreign interests, either individual or institutional.

v)     Election funds shall be administered on a non-partisan basis and no candidate or party demonstrating a reasonable expectation of electoral viability shall be denied access to funding.

c)     Secular Government

i)      The government of the people shall be expressly secular. No individual, religious or quasi-religious entity or collective engage or seek to influence the course of legislation or policy in accordance with theological creed.

ii)     No government edifice, document, collateral, communication, or other production, including currency, shall make reference to religious concepts, including “god.”

iii)   No one shall, in any legal context, including legal processes or oaths of office, swear upon a sacred text.

iv)    Oaths of office shall explicitly require officials to refrain from the use of religious language and dogma in the conduct of their duties.

v)     No government funds shall be spent to compensate employees who exist to serve religious functions. This includes, but is not limited to, the office of Chaplain in various military bodies.

vi)    No religious institution shall be eligible for tax exempt status.

d)     Oversight of Covert Activities

No governmental entity shall conduct secret or covert proceedings absent ongoing oversight by a multi-partisan body of popularly elected officials.[2]

e)     Federal Autonomy

No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution.

2)    Individual Freedoms

a)     Free Speech, Press and Religion

i)      No government, corporation, commercial or private entity shall abridge an individual’s legitimate exercise of free speech. This includes all political, social and civic speech activities, including those criticizing the government, corporations and business entities and other collective organizations.[3]

ii)     The right of the people peaceably to assemble, especially for purposes of protest, and to petition for a redress of grievances will not be infringed.

iii)   The health of the nation depends on a vital independent check against public and commercial power. As such, no government, corporation, commercial or private entity shall be allowed to abridge the rights of a free and unfettered press.

iv)    Congress will make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

b)     Equal Rights Under the Law

i)      No governmental, corporation or commercial interest, or other private organization shall deny to any enfranchised citizen the rights or privileges accorded to others.

ii)     The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

c)     Freedom from Surveillance

i)      All individuals shall enjoy the right to privacy and freedom from systemic surveillance by governmental entities in the absence of a legally obtained warrant articulating probable cause against the individual.

ii)     The right of the people to be secure in their persons, homes, papers, data, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

iii)   All individuals shall enjoy the right to privacy and freedom from systemic surveillance and data gathering by corporate, commercial or other private or public entities unless they have specifically opted into such programs.

d)     Basic Human Rights

All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity.

3)    Conduct of Business and Commercial Interests

a)     Legal Standing

No corporation, business interest or any other collective entity shall be accorded the rights and privileges attending citizenship, which are reserved expressly for individuals.[4]

b)     Public Interest Standard

No corporate, commercial or other private or governmental entity shall be licensed, accredited or incorporated absent a binding commitment to serve the public interest.[5]

c)     Lobbying Restrictions

i)      In order to further the public’s interest in a free and independent legislature, elected officials shall not be allowed petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a significant period of time after the conclusion of their terms.[6]

ii)     No person shall be allowed to assume a position charged with regulatory oversight of an industry in which they have worked in the past five years.

iii)   No elected official shall be allowed to assume a position on any legislative committee charged with oversight or regulation of an industry in which they have worked or held financial interest for the past five years.

d)     Collective Bargaining

i)      All workers shall have the right to organize for purposes of collective representation and bargaining.

ii)     In any publicly held commercial interest where a significant percentage of the workforce is represented by a union, the workers shall be entitled to representation on the corporate board of directors.[7]

4)    Citizen Responsibilities and Service

a)     Mandatory Service

i)      All citizens will, upon attainment of their 18th birthdays, enroll in a two-year program of public service, which may be fulfilled with either civic programs or the armed forces.

ii)     Enfranchisement will be earned upon completion of the public service commitment and a demonstration of a basic understanding of principles informing the political and policy issues facing the nation and the world.

b)     Right to Arms

i)      The right of an individual who has completed a two-year military service commitment to keep and maintain firearms appropriate to the common defense should not be infringed. [8]

ii)     The Federal government will establish guidelines by which enfranchised citizens may obtain firearms for reasonable purposes of sport and self-defense.

5)    Justice System

a)     Due Process and Fair Trials

i)      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ii)     In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

iii)   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; defendants shall have the right to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

b)     Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


[1] This disposes of the Electoral College.

[2] An alternative might be to entrust the public court system with the decision. Make all documents automatically become public in N years (and make destruction a federal felony) but the government can petition a federal court to hold them as secret. Court uses a strict scrutiny standard to continue secrecy, advocates for release present arguments and can appeal a secrecy decision (no appeal on orders to release). (Submitted by Evan Robinson.)

[3] This does not prevent said entities from policing explicitly illegal behavior, such as theft of proprietary information or sexual harassment. (Suggested by Carole McNall.)

[4] This item overturns the Citizens United case.

[5] This item eliminates the narrow “interest of the shareholders” doctrine emerging originally from Dodge vs. Ford.

[6] It is suggested by multiple commenters that “a significant period of time after the conclusion of their terms” might best be changed to “forever.” This is a perspective with some merit. In truth, though, we’re discussing a body of people who possess expertise that can, in the right circumstances, be of benefit to the people. A term of five years, for instance, might serve to rid the system of revolving-door corruption without permanently eliminating the possibility that a highly qualified individual may be able to contribute to the public good.

[7] This practice is common in Europe and promotes an environment of collaboration, instead of confrontation, between management and labor.

[8] Weapons systems are constantly evolving and we are now perhaps within a generation of the point where lasers, thermal lances and other currently experimental man-portable devices might be viable. The term “firearms” in this document should not be construed as limited to the sorts of projectile weapons we’re familiar with, but should instead be taken in a broader context. (Suggested by Rho Holden.)

Acknowledgments

The New Constitution has been a long time in the making, and it would be the height of arrogance to suggest that I reached this point on my own. In truth, I’m an intensely social, extroverted and associative thinker, which means that if I have an interesting idea, it probably emerged from interactions with one or more other people. This is why I work so hard to surround myself my folks who are as smart as possible. If they’re brighter than me, as is often the case, that’s all the better because that means there’s more opportunity to learn.

Some of the people in the list below are known to readers of S&R and others aren’t. Some have played a very direct and active role in my political thinking in recent years, and others contributed less obviously in conversations, in grad school classes, in arguments and debates over beers, and so on. In fact, there are undoubtedly some on the list who will be surprised to see their names, but trust me, each and every one of them helped me arrive at the present intellectual moment. This doesn’t necessarily mean they all endorse the project or want their names attached to it, so if there are things that aggravate you, please direct those comments at me and me alone.

All that said, many thanks to:

Brian Angliss

Frank Balsinger

Dr. Jim Booth

Dr. Will Bower

Dr. Robert Burr

Gavin Chait

Dr. Lynn Schofield Clark

Dr. Erika Doss

Dr. Andrea Frantz

John Hanchette

Sam Hill

Rho Holden

Dr. Stuart Hoover

Dr. Douglas Kellner

Alexi Koltowicz

Dr. John Lawrence

Dr. Polly McLean

Carole McNall

Stuart O’Steen

Alex Palombo

Dr. Michael Pecaut

Dr. Wendy Worrall Redal

Evan Robinson

Sara Robinson

Kristina Ross

Dr. Willard Rowland

Dr. Geoffrey Rubinstein

Mike Sheehan

Dr. Greg Stene

Jeff Tiedrich

Dr. Michael Tracey

Dr. Robert Trager

Dr. Petr Vassiliev

Sue Vanstone

Angela Venturo

Dr. Frank Venturo

Pat Venturo

Russ Wellen

Cat White

Dr. Denny Wilkins

Lisa Wright