Tag Archives: Bush vs. Gore

Trump, the Muscovite Candidate, probably won’t last very long

Der Fuhrer Donald Trump actually isn’t president of the United States of America until and unless the members of the Electoral College vote him in on December 19, but even if he survives that test, Trump, the Muscovite Candidate who lost the popular vote by almost 3 million votes, will be a one-term “president” at best.

I haven’t written all that much about Der Fuhrer Donald Trump, and I hope that some haven’t taken that as any sort of admiration of or acceptance of him on my part.

It’s that The Donald is so fucking bizarre, such an anomaly, such a “presidential” fucking freak, that it’s difficult for me to even know where to begin in discussing him.

Let’s see: During the campaign he routinely uncreatively called Billary Clinton “corrupt Hillary” yet he recently settled his Trump University fraud lawsuit for $25 million, to name just one, recent instance of his own mega-corruption.

Another inconvenient, unflattering fact is that “corrupt Hillary” thus far leads Der Fuhrer Trump by 2.8 million votes in the popular vote.

Despite Trump’s wholly unsubstantiated — and treasonous — bold-faced lie that “millions” of people voted illegally for Billary, the fact remains that Trump lost the election by millions of votes; he did not earn the popular vote of the American people, and therefore he is an illegitimate president-“elect,” in my eyes.

Trump’s presidential illegitimacy is different than was George W. Bush’s — and here I never have written “President Bush” but only “‘President’ Bush,” because Bush always was and always will be a quite illegitimate president. (He lost the popular vote in 2000 by more than a half-million votes and was installed in the White House by his then-Florida-governor brother Jeb!, by then-Florida Secretary of State Katherine Harris, and by the five Repugnican members of the U.S. Supreme Court who stopped the recount in Florida, the pivotal state for Gee Dubya that his brother very conveniently governed, and who thus, with the other conspirators, decided the presidential election for us commoners.)

In that thus far he has lost the popular vote by a significantly larger margin than Gee Dubya did — if we think that it’s at all important that in a democracy the candidate who actually earns the highest number of votes of the people actually is the one who takes office — Trump is even more illegitimate than George W. Bush was, but Bush’s illegitimacy was worsened with the blatantly partisan — and treasonously anti-democratic — involvement of his brother, Florida elections chief Katherine Harris and the wingnutty members of the U.S. Supreme Court.

That said, it still has yet to be determined exhaustively how and how much Russia meddled in the 2016 presidential election to try to get Trump rather than Billary into the big chair in the Oval Office. Arguably, Trump’s having had the help of a foreign government to win the White House is even more treasonous than anything that Team Bush ever did to steal the presidency.

The Washington Post has been all over Trump’s ties to Moscow, with recent news stories such as these:

A rather clear pattern has emerged, and it’s pretty fucking funny (in a sick and fucking twisted way, not in a humorous way) that the American right wing, which for decades was opposed to the “evil empire,” very apparently has as its “president” a treasonous piece of shit who has colluded with that “evil empire” in order to win the presidency — with the “evil empire’s” full expectation, of course, that in return, “President” Trump will do its bidding (in Syria and elsewhere).

True, Trump’s die-hard, mouth-breathing, knuckle-dragging supporters don’t care even if he’s in bed with Vladimir Putin, perhaps even literally, but these self-defeating dipshits are only a minority of Americans. The majority of us Americans — not just Democrats and Democratic leaners, but also old-school, non-Trumpist Repugicans, too, as well as most so-called independents — take a U.S. “president”-“elect” colluding with a foreign government very, very seriously.

Indeed, The Angel of Political Death looms over “President”-“elect” Donald Trump, its scythe at the ready for swift use at any moment.

If he makes it that far, I don’t see Trump finishing even one term, especially once his ties to Russia are fully investigated and publicized. (Unfortunately, however, even for such blatant treason, billionaires only very rarely are ever put behind bars in our two-tiered “justice” system; only we commoners ever are to be punished, even for petty fucking crimes.)

Even if it weren’t for Russia, our Muscovite Candidate always has done whatever the fuck he pleases — clearly, he’s inside of that billionaire’s gilded bubble from which only a prison cell (perhaps) can release him* — and if it wasn’t his collusion with Russia, it always was going to be something else, some other act of corruption and/or treason, that was going to make his time in the White House short.

There is a reason that Donald J. Trump is only the third person “elected” to the presidency who had not first been at least a governor of a state, U.S. vice president, a U.S. senator, a U.S. representative or an Army general. (Before Trump, William Howard Taft and Herbert Hoover were the only exceptions to that list of five previous jobs that I see. Uncoincidentally, methinks, both Taft and Hoover were one-termers…)

That reason that Trump is the first to have broken these historical norms for the presidency during my lifetime (Lyndon B. Johnson was president when I was born) is that he is uniquely unqualified for the presidency, and the American system more or less has been set up to prevent such an unqualified person from ascending to the White House — which is probably why Trump apparently had an awful lot of help from Russia to “win.”

I’m with Michael Moore on this; it’s possible that Trump won’t even be sworn in next month, perhaps especially with the apparently substantiated-enough allegations that he’s a Muscovite Candidate** swirling about him.

That taint of treason might, just might, be enough to induce the members of the Electoral College to do the right thing on December 19, when they meet for the official election of the next president.***

If not, I expect Trump to hang himself with his gilded rope. If he makes it to Inauguration Day 2017, I don’t see him making it to Inauguration Day 2021.

P.S. Michael Moore, back in July, predicted that Trump would win the states of Ohio, Pennsylvania, Michigan and Wisconsin. In an e-mail to his supporters dated July 23 (I still have this e-mail), he wrote (this is a copy and paste from that e-mail, with only slight edits for style and correctness):

… Midwest Math, or Welcome to Our Rust-Belt Brexit. I believe Trump is going to focus much of his attention on the four blue states in the Rust Belt of the upper Great Lakes — Michigan, Ohio, Pennsylvania and Wisconsin. Four traditionally Democratic states -– but each of them have elected a Republican governor since 2010 (only Pennsylvania has now finally elected a Democrat).

In the Michigan primary in March, more Michiganders came out to vote for the Republicans (1.32 million) than the Democrats (1.19 million). Trump is ahead of Hillary in the latest polls in Pennsylvania and tied with her in Ohio. Tied? How can the race be this close after everything Trump has said and done?

Well maybe it’s because he’s said (correctly) that the Clintons’ support of NAFTA helped to destroy the industrial states of the upper Midwest. Trump is going to hammer Clinton on this and her support of TPP and other trade policies that have royally screwed the people of these four states.

When Trump stood in the shadow of a Ford Motor factory during the Michigan primary, he threatened the corporation that if they did indeed go ahead with their planned closure of that factory and move it to Mexico, he would slap a 35 percent tariff on any Mexican-built cars shipped back to the United States.

It was sweet, sweet music to the ears of the working class of Michigan, and when he tossed in his threat to Apple that he would force them to stop making their iPhones in China and build them here in America, well, hearts swooned and Trump walked away with a big victory that should have gone to the governor next door, John Kasich.

From Green Bay to Pittsburgh, this, my friends, is the middle of England — broken, depressed, struggling, the smokestacks strewn across the countryside with the carcass of what we use to call the middle class. Angry, embittered working (and non-working) people who were lied to by the trickle-down of Reagan and abandoned by Democrats who still try to talk a good line but are really just looking forward to rub one out with a lobbyist from Goldman Sachs who’ll write them nice big check before leaving the room.

What happened in the UK with Brexit is going to happen here. …

And this is where the math comes in. In 2012, Mitt Romney lost by 64 electoral votes. Add up the electoral votes cast by Michigan, Ohio, Pennsylvania and Wisconsin. It’s 64. All Trump needs to do to win is to carry, as he’s expected to do, the swath of traditional red states from Idaho to Georgia (states that’ll never vote for Hillary Clinton), and then he just needs these four Rust-Belt states. He doesn’t need Florida. He doesn’t need Colorado or Virginia. Just Michigan, Ohio, Pennsylvania and Wisconsin. And that will put him over the top. This is how it will happen in November. …

Prescient.

But even if Trump did win Ohio, Pennsylvania, Michigan and Wisconsin fairly and squarely — but the fact that Trump & Co. have sued to prevent recounts and any other audits in the Rust-Belt states that they’re supposedly so certain that they won makes me have to wonder if Russia indeed was involved in the presidential election, quite intimately — Trump still lost the popular vote by almost 3 million votes, which is the largest gap between the Electoral College and the popular vote in U.S. history.

That indeed is politically damaging, which is why Trump lied that “millions” of votes were cast illegally for Billary Clinton.

Finally, I want to make it clear that I’m no fan of Billary Clinton. I supported Bernie Sanders, the actual Democrat in the Democratic Party presidential primary, and for president I voted for Green Party candidate Jill Stein (whose recounts of three states I have supported wholeheartedly, even though I don’t think they’re going to go anywhere).

Billary Clinton indeed is corrupt, but her corruption pales by comparison to Trump’s, whose ties to Russia very much appear to have crossed the line from garden-variety political corruption into treason territory.

Everything with Trump leads back to Russia, including his recent twofer pick of Exxon Mobil Corp chief executive Rex Tillerson for U.S. secretary of state — a twofer because it’s yet another corporate weasel guarding the hen house and because Tillerson’s breath, like Trump’s, smells like Vladimir Putin’s penis.

*That’s yet another example of Trump’s projection onto Billary Clinton: not only is she “corrupt” but he isn’t, to hear him tell it, but she belongs in a prison cell but he doesn’t.

Indeed, Trump very apparently believes, in typical wingnut fashion, that if he simply accuses others of his own brand of wrongdoing, then that alone magically lets him off the hook.

**For anyone who doesn’t get the reference — shut the fuck up, because there will be some who don’t get it — I’ve morphed Manchurian Candidate (with this definition of that term in mind) into “Muscovite Candidate,” as “Muscovite” is what you call someone from Moscow.

***As Wikipedia notes (links are Wikipedia’s):

The United States presidential election is the indirect election in which citizens of the United States who are registered to vote in one of the 50 U.S. states or the District of Columbia cast ballots for members of the Electoral College, known as electors.

These electors then in turn cast direct votes, known as electoral votes, in their respective state capitals for president and vice president of the United States. Each of the states casts as many electoral votes as the total number of its senators and representatives in Congress, while Washington, D.C., casts the same number of electoral votes as the least-represented state, which is three.

Once the voting for the presidential election has concluded and all the votes for each state have been accounted for, the electors are then advised as to what candidate won the majority in their state. The electors of that state then will cast the vote of that candidate to represent the people of their regions’ majority decision.

However, “Twenty-one states do not have provisions that are fairly specific in directing the electors to vote for the presidential and vice-presidential candidates of their party.” This means that an elector could possibly vote against the majority decision of the state due to there being no law that binds electors otherwise in those states.

In modern times, almost all electors vote for a particular presidential candidate that their states’ majority decided upon; thus, the results of the election can generally be determined based on the state-by-state popular vote.

The candidate who receives an absolute majority of electoral votes for president or vice president (currently, at least 270 out of a total of 538) is then projected to be elected to that office.

If no candidate receives an absolute majority of electoral votes for president, the House of Representatives chooses the president; if no candidate receives an absolute majority for vice president, the senate chooses the vice president. …

I remain of the strong opinion that the Electoral College needs to be scrapped altogether. There is no compelling reason not to go with the popular vote alone, especially since we call ourselves a democracy, and since the Electoral College has failed us twice in my lifetime of not even 50 years, awarding the White House to the candidate who fucking lost the popular vote.

(Well, the Electoral College has yet to confirm a president for January 2017, and while it’s possible that the Electoral College on December 19 will not pick Trump, it strikes me as an outside chance that the Electoral College will deny Trump the victory. Most people tend to fall in line rather than do the right thing, even if the right thing is staring them right in the face.)

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We are the champions, my friends!

Supporters of gay marriage rally after the U.S. Supreme Court ruled on Friday that the U.S. Constitution provides same-sex couples the right to marry

Reuters photo

Jubilant supporters of same-sex marriage celebrate in front of the U.S. Supreme Court today. (The huge red flag in front of them is marked with a pink equality sign.) In a landmark decision (Obergefell vs. Hodges), the nation’s highest court ruled 5-4 today that no state may outlaw same-sex marriage.

It was only in 2004 that former “President” George W. Bush – whose campaign manager at that time is a gay manused same-sex marriage as a wedge issue to help him “win” “re”-election. And it was only in 2008 that while the nation historically elected its first non-white president on November 4, the anti-same-sex-marriage Proposition H8 passed, 52 percent to 48 percent, here in California, the most populous state and one of the bluest states in the nation.

Today, the U.S. Supreme Court, in a long-overdue landmark decision, ruled that all 50 states must allow same-sex couples to marry. The decision isn’t exactly a shocker, as only 14 backasswards states before today’s decision had been holdouts on same-sex marriage. Indeed, apparently the nation’s highest court, which almost always is behind the curve, with 36 states already ahead of it on the legalization of same-sex marriage, had found it politically safe to rule, correctly, that the U.S. Constitution (specifically, the Equal Protection Clause of the Fourteenth Amendment [and also the amendment’s Due Process Clause]) forbids any of the states from forbidding any two adults (who are consenting and who aren’t closely related to each other, of course…) from marrying each other.

I wish that today’s landmark decision had been greater than 5-4, but, of course, the wingnutty haters would argue that any decision by the U.S. Supreme Court affirming the constitutional right to same-sex marriage, even a unanimous one, somehow is tyrannical or undemocratic or oppressive or blah blah blah. (Just as elections are valid only when they go the wingnuts’ way, judges are “activist” only when they rule in a way that displeases the wingnuts, you see.)

However, recent nationwide polls unanimously show that a solid majority of Americans support same-sex marriage, with support anywhere from the upper 50s to low 60s.

I have no doubt that were the issue of same-sex marriage put up to a national vote – but let me emphasize that no one’s constitutionally guaranteed equal human and civil rights ever should be put up for a vote – a solid majority of Americans would vote “yes.” The U.S. Supreme Court today has not violated the will of the American people; it has only pissed off a minority of mouth-breathing, knuckle-dragging fucktards.

My same-sex partner of more than seven years and I have yet to marry, even though legalized same-sex marriage was restored in California in late June 2013. I’d like to say that we have been waiting for same-sex marriage to be the law of the land before we get married, that we haven’t wanted to wed until everyone in the United States may wed, but it’s probably closer to the truth that we can be slow to act on things on which we don’t absolutely have to act immediately.

That said, today’s U.S. Supreme Court ruling is a milestone, right up there with Loving vs. Virginia, the 1967 U.S. Supreme Court decision that made it illegal for any of the states to outlaw mixed-race marriage.

And today’s Supreme Court decision probably will speed up my marriage to my partner. So maybe we more or less were waiting for this day after all.

P.S. While we’ve had a big victory today, the fight for equal human and civil rights for everyone continues, of course; there are no federal protections for non-heterosexual and non-gender-conforming individuals in the the Civil Rights Act of 1964, for instance, and the Employment Non-Discrimination Act (ENDA), which would protect non-heterosexual and non-gender-conforming individuals from being fired for being who they (we) are, repeatedly has been introduced in Congress since the 1990s but has yet to be passed.

But we’ll keep on fighting ’til the end.

P.P.S. Chief “Justice” John Roberts, in his dissent in Obergefell vs. Hodges, remarked, “The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. … Just who do we think we are? It can be tempting for judges to confuse our own preferences with the requirements of the law. …”

Funny. Roberts wasn’t on the court at the time, but his remarks (especially “Just who do we [U.S. Supreme Court justices/“justices”] think we are?”) make me think of Bush vs. Gore, the 5-4 2000 U.S. Supreme Court decision that put George W. Bush into the White House instead of the vote of the people.

(Al Gore won the popular vote by more than a half-million votes, and I’m confident that he won the pivotal state of Florida, where George W. Bush had a lot of help from his brother, then-Gov. Jeb Bush, and the state’s chief elections official, Secretary of State Katherine Harris, who wrongfully had purged likely Democratic voters from the state’s voter rolls.)

So legally flawed was Bush vs. Gore that the right-wing “justices” who elected George W. Bush to the White House explicitly stated in the ruling that the ruling applied only to the 2000 presidential election.

Again: A justice or judge is only “activist” if one disagrees with his or her ruling. Otherwise, the ruling was quite legally sound. Not that this is sore-loserism or anything.

And I find it awfully interesting that to the right wing it’s perfectly OK for the right-leaning U.S. Supreme Court to do such things as pick a Repugnican as president, allow corporations and plutocrats to buy elections, and gut the Voting Rights Act of 1965.

Yet should the right-leaning U.S. Supreme Court actually do good instead of evil — such as by expanding freedom and civil rights to include everyone, which is in perfect line with such founding sentiments and declarations that “all men* are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (from the U.S. Declaration of Independence) and that we should “form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity” (from the preamble to the U.S. Constitution**) — the treasonous right wing cries bloody fucking murder.

P.P.P.S. Roberts also hatefully scribbled in his dissent that “however heartened the proponents of same-sex marriage might be on this day, it is worth acknowledging what they have lost, and lost forever: the opportunity to win the true acceptance that comes from persuading their fellow citizens of the justice of their cause. And they lose this just when the winds of change were freshening at their backs.”

Wow. What a colossal asshole. First of all, Roberts parrots the fascistic belief that we non-heterosexuals (and, to a greater extent, non-gender-conforming individuals) must beg and supplicate heterosexuals for our equal human and civil rights (which is our “cause” of which he speaks). Equal human and civil rights aren’t our birthright, you see; no, we are to be at the mercy of the heterosexual majority to deem us worthy or not.

This is sick, evil shit. Roberts is not fit to practice law as an ambulance chaser, much more sit as chief justice of the United States Supreme Court.

Moreover, as I noted, before today’s ruling, 36 states already had legalized same-sex marriage (without the nation subsequently imploding!), and nationwide polls consistently have shown solid-majority support for same-sex marriage.

Yet in Robert’s sick and fucking twisted, right-wing universe, we non-heterosexuals can’t win. Even when we actually are winning — actually, we already have won in the court of public opinion — he declares, against mountain ranges of reality, that we are losing public support just when we were on the cusp of winning it!

And when would Roberts ever have declared that we’d finally won this precious critical mass of support from the heterosexual majority? Never. It would have been a dream indefinitely deferred, of course.

It’s not the American public that is behind; it’s Roberts and his evil, fascistic ilk who are far, far behind.

*If the founders didn’t include women in their use of the word “men,” we include women now. That’s called progress, which, of course, is anathema to the retrogrades who comprise the right wing.

**Roberts concluded his mean-spirited dissent with this:

… If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.

I respectfully dissent. [What a fucking lie — his entire dissent is incredibly disrespectful.]

Again, not only does the Fourteenth Amendment of the U.S. Constitution prohibit outlawing same-sex marriage because one finds it to be against the crap that is in the Bible (we’re not actually a fucking theocracy) or icky or whatever — rights can be denied only if actual harm can be demonstrated by the exercise of those rights (in which case they’re no longer actually rights, really), and the haters repeatedly have been unable in the courts of law to demonstrate any actual harm caused by same-sex marriage — but the preamble to the Constitution sets the tone and the intent of the entire document, methinks. And again, the preamble is this:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Key words there include “establish Justice,” “promote the general Welfare,” and “secure the Blessings of Liberty to ourselves and Posterity.” (Mention of concern for “Posterity” seems to indicate that the authors of the Constitution did have an eye to the future, that they didn’t intend for the Constitution to be Frozen In Time.) And, of course, “a more perfect Union” means that you continue to improvenot that you advocate that the U.S. remain stuck where it was at its founding.

The wingnuts on the U.S. Supreme Court and those who love them claim that the U.S. Constitution says nothing about expanding freedom and justice for all, yet isn’t it there in the opening of the Constitution? Doesn’t the idea and the ideal of continual progress actually foreshadow the entire fucking document? And where does the Constitution say that only heterosexual, white, conservative, “Christian” men are to have equal human and civil rights, while the rest of us are to grovel at their feet for our equal human and civil rights, as Roberts very apparently believes?

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The Supremes give me reverse November 2008 déjà vu

Updated below (last on Friday, June 28, 2013)

For this progressive Californian, this week feels like an uncanny reversal of Election Day 2008: In November 2008, we Californians saw our nation’s first non-all-white president* elected, a historical milestone — but with the narrow (52-48) passage of Proposition H8, which wrote homophobia into the California state Constitution by banning same-sex marriage, we non-heterosexual Californians were stripped of our constitutionally guaranteed right to marry, which the California Supreme Court earlier that year had ruled was ours.**

Yesterday, in a typically 5-4 decision, the U.S. Supreme Court eviscerated the Voting Rights Act, claiming that the act’s provisions were too outdated, despite the fact that Congress had renewed it overwhelmingly in 2006, which wasn’t all that fucking long ago.

In her dissent, Justice Ruth Bader Ginsburg nailed it on the head when she remarked, “Throwing out [U.S. Justice Department] pre-clearance when it has worked and is continuing to work to stop discriminatory changes [to voting laws] is like throwing away your umbrella in a rainstorm because you are not getting wet.”

While I surmise that Congress will restore the Voting Rights Act in the future, that won’t happen, of course, with the current wingnut-dominated U.S. House of Representatives. Indeed, media reports are that the fascists of the red states, in light of this new U.S. Supreme Court decision, are working fast and furiously to reinstate their voter suppression laws (previously shot down by the Justice Department) just in time for the 2014 midterm elections.

I have to wonder, of course, if that was the goal of the wingnuts on the high court: To help the struggling Repugnican Tea Party in the next national elections. Hey, they’ve certainly involved themselves in election-fixing before, which even former U.S. Supreme Court “Justice” Sandra Day O’Connor, who was appointed by Ronald Reagan and who, with four other like-minded “justices,” put George W. Bush in office, has expressed a potential problem with.

Yesterday was a giant leap backwards for the equal human and civil rights of non-whites, and was yet another stain on our nation caused by yet another 5-4 vote by the right-wing U.S. Supreme Court, right up there with the court’s 5-4 coronation of George W. Bush as president in late 2000 even though he’d lost the election by more than a half-million popular votes and even though the pivotal state of Florida clearly had been stolen as a “victory” for Bush and with the court’s 5-4 Citizens United decision, which reinforced the bogus concept that corporations are just like individual people, and that just like individual people, corporations have First Amendment rights.

It’s mind-blowing to ponder the fact that the voting rights for which so many Americans fought and even died were eliminated at the stroke of the poisoned pen of just one right-wing U.S. Supreme Court justice. (Yet at the same time I suppose that it’s a little encouraging to know that it was only a 5-4 vote, that only one “justice” made the difference.)

I hope that the backlash against the right wing’s ongoing attempt to suppress voters is considerable. Generally speaking, the right-wing traitors among us win little battles here and there, but over time, they continue to lose the war. They stymie and delay progress as much as they can, but progress still marches on, and the haters go down in history as the haters that they are or were.

But today, unlike in November 2008, there was good news for us non-heterosexuals when the US. Supreme Court ruled, 5-4 (of course), that the so-called Defense of Marriage Act, which Congress passed in 1996, is unconstitutional, as it violates the Fourteenth Amendment’s guarantee of equal protection of the laws (duh).

This ruling means that no same-sex couple that has been married in a state with legalized same-sex marriage may be denied any of the federal benefits of marriage that are enjoyed by opposite-sex married couples.

However, this also means that same-sex couples in most states will not have the same rights as do same-sex couples in other states (those states that have adopted legalized same-sex marriage), which, of course, is a patently unfair and thus an untenable situation.

Yes, the nation’s high court, while it struck down DOMA, by yet another 5-4 vote refused to touch Prop H8, ruling that, as Reuters puts it, “supporters of [Prop H8] did not have standing to appeal a federal district court ruling that struck the law down.” Thus, the court apparently very intentionally avoided directly ruling on whether or not any state may constitutionally outlaw same-sex marriage, leaving same-sex marriage, for now, as an untenable issue of “states’ rights.”

Because the U.S. Supreme Court wouldn’t touch Prop H8, the lower federal courts’ rulings that Prop H8 is unconstitutional (because it violates the Fourteenth Amendment) stand, and my understanding is that this means that California will have same-sex marriage again, as it did briefly in 2008 (between the effective date of the California Supreme Court’s ruling for same-sex marriage and the effective date of the same-sex-marriage-nixing Prop H8) — but, I understand, there’s more legal wrangling ahead as to what, exactly, the Supremes’ refusal to touch Prop H8 means for California.

It was cowardly, irresponsible and short-sighted of the court to rule that DOMA is unconstitutional on the grounds of the Fourteenth Amendment but to then refuse to rule that accordingly, no state may outlaw same-sex marriage on the grounds of the Fourteenth Amendment, but apparently today’s rulings were, pathetically, the best that we could get from this right-wing court.

Of course it would have been nice if either or both of today’s high-court rulings on DOMA and Prop H8 (the court’s cowardly refusal to issue a ruling on Prop H8 was the court’s “ruling” on Prop H8) had been 6-3 or even 7-2 (or hell, even 8-1 or 9-0), but the right-wing homo-haters have no credibility in (predictably) calling the 5-4 decisions the “tyranny” of the U.S. Supreme Court against the American majority when a series of recent nationwide polls clearly show that a clear majority of Americans favor same-sex marriage.

And those fascistic haters who claim that to overturn Prop H8 is to overturn the will of California’s voters conveniently ignore the two facts that (1) any ballot measure passed by a majority of any state’s voters can be overturned by a federal court if that court deems it to be unconstitutional (Civics 101 — duh) and that (2) while Prop H8 passed in November 2008 with 52 percent of the vote, polls show now that around 60 percent of Californians support same-sex marriage; were Californians to vote again on the issue again today, same-sex marriage would pass by a decisive margin. Prop H8 no longer is the will of the majority of California’s voters.

So: Today we can celebrate a significant although incomplete victory for same-sex couples who desire legalized marriage and the rights (and, yes, the responsibilities) that come with legalized marriage.

But we need to fight like hell to regain the ground that we just lost where voting rights are concerned, and we need to fight like hell to gain full marriage equality for same-sex couples in all 50 states.

The U.S. Constitution’s demands for fairness and equality demand that we do so.

*True, Barack Obama (whom I don’t really consider “black” but consider to be of mixed race) turned out to be a huge disappointment, a George W. Bush Lite, but I did cast my vote for him in November 2008 before I knew how his presidency was going to unfold. I voted for him in 2008 at least in part because I thought that it was great to be able to vote for the first non-all-white president in U.S. history. (In 2012 I could not, in good conscience, vote for Obama again; I voted for Green Party candidate Jill Stein.)

**And this was no radically left-wing California Supreme Court; when it ruled in favor of same-sex marriage in 2008, most of its justices at that time had been appointed by Repugnican, not by Democratic, governors.

Update (Wednesday, June 26, 2013): Democratic California Gov. Jerry Brown has instructed the California Department of Public Health, which comes under his authority, to direct all of California’s 58 counties to begin to issue same-sex marriage licenses as soon as is legally possible, which might take a month or so.

Update (Friday, June 28, 2013): The homo-hating wingnuts here in California (and elsewhere) are going apoplectic over this (from The Associated Press today):

The four plaintiffs in the U.S. Supreme Court case that overturned California’s same-sex marriage ban tied the knot [today], just hours after a federal appeals court freed gay couples to obtain marriage licenses in the state for the first time in 4 1/2 years.

State Attorney General Kamala Harris presided at the San Francisco City Hall wedding of Kris Perry and Sandy Stier as hundreds of supporters looked on and cheered. The couple sued to overturn the state’s voter-approved gay marriage ban along with Jeff Katami and Paul Zarrillo, who married at Los Angeles City Hall 90 minutes later with Mayor Antonio Villaraigosa presiding. …

Although the couples fought for the right to wed for years, their weddings came together in a flurry when a three-judge panel of the Ninth U.S. Circuit Court of Appeals issued a brief order [this] afternoon dissolving, “effective immediately,” a stay it had imposed on gay marriages while the lawsuit challenging the ban advanced through the courts.

Sponsors of California’s same-sex marriage ban, known as Proposition 8, called the appeals court’s swift action “outrageous.” Under Supreme Court rules, the losing side in a legal dispute has 25 days to ask the high court to rehear the case, and Proposition 8’s backers had not yet announced whether they would do so. …

Call the homo-haters a waaaaaambulance! Anyway, the AP story continues:

The [U.S.] Supreme Court said earlier this week that it would not finalize its ruling in the Proposition 8 case until after the 25-day period, which ends July 21. But San Francisco City Attorney Dennis Herrera, who joined the two couples in the lawsuit, said [today] that the Ninth Circuit panel had the power to lift the stay it imposed.

“The fact of the matter is the only thing holding up the weddings was the stay that the Ninth Circuit had in place,” Herrera said. “The fact that there is a separate 25-day period allowing the petition to go for a rehearing is separate and apart from that stay.”

[California Gov. Jerry] Brown directed California counties to start performing same-sex marriages immediately after the appeals court’s order. A memo from the Department of Public Health said “same-sex marriage is again legal in California” and ordered county clerks to resume issuing marriage licenses to gay couples. …

Anyway: Wow. After the U.S. Supreme Court’s handed-down decision on Wednesday not to touch the Prop H8 case, we Californians had figured that there would be a wait of at least around a month for same-sex marriages to resume in California; we didn’t expect them to resume this quickly.

I misspoke above, by the way: The U.S. Supreme Court on Wednesday did not uphold both federal district court Judge Vaughn Walker’s 2010 decision that Prop H8 violated the U.S. Constitution and the Ninth Circuit Court of Appeals’ decision in February 2012 to uphold Walker’s original ruling.

The U.S. Supreme Court on Wednesday vacated the circuit court’s ruling, which then reverted the matter of Prop H8 to Walker’s original 2010 ruling.

Frankly, Vaughn Walker, who is now retired, is a hero to me. Yes, he is a gay man, and yes, the homo-haters tried (but failed) to have his 2010 pro-same-sex-marriage ruling invalidated because he’s gay (apparently only [presumedly] straight white men can be fair and impartial judges, you see), but Walker is no left-wing radical: He was nominated as a federal judge first by Ronald Reagan and then by George H. W. Bush, and apparently his political leanings are conservative-libertarian.

I consider Walker’s ruling to be a landmark document in U.S. gay, lesbian and bisexual history. You can read it, if you want, here.

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Drum roll: My Prop H8 predictions

Correction: Judge Vaughn Walker was appointed by George H.W. Bush, not by George W. Bush. (The Los Angeles Times had reported just “George Bush.”) Also, I should note that Walker is openly gay, which the wingnuts should have a field day with. 

So later today, U.S. District Chief Judge Vaughn Walker is to decide whether or not California’s Proposition 8 — which in November 2008 reversed the California Supreme Court’s May 2008 ruling that same-sex marriage must be allowed under the California Constitution — violates the United States Constitution.

My prediction is that Walker will rule that Prop H8 indeed violates the U.S. Constitution.

One of the lawyers who argued before Vaughn that Prop 8 violates the U.S. Constitution was former Solicitor General Ted Olson, a conservative who fought for George W. Bush in Bush vs. Gore, the God-awful 2000 U.S. Supreme Court ruling that crowned George W. Bush “president” even though he had lost the popular vote and lost the state of Florida to his Democratic opponent Al Gore.

And Walker was appointed by George W. Bush.

And lest you think that the California Supreme Court is a bunch of swingin’, dope-smokin’ libbies — I mean, we are talking about California, after all — six of the seven California Supreme Court justices were appointed by Repugnican governors and only one of them by a Democratic governor, and in May 2008 the court voted 4-3 that under the state’s constitution, same-sex marriage must be allowed.

So along came Prop 8, funded mostly by the Mormon cult and mostly from Utah, which in November 2008 changed the California Constitution to add the same-sex marriage prohibition to it.

However, no state may enact a law, even a constitutional revision, that violates the U.S. Constitution. (A civics lesson that the fucktards in Arizona don’t get yet, but will.)

However Vaughn decides, his ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then to the U.S. Supreme Court.

I am not familiar with the U.S. 9th Circuit Court of Appeals, but my prediction is that the circuit court will uphold Vaughn’s ruling that finds that Prop 8 does indeed violate the U.S. Constitution.

The U.S. Supreme Court, however, is a lot less predictable.

Most people would assume that of course the Supremes would quash same-sex marriage, but it was in 2003 (in Lawrence vs. Texas) that the U.S. Supreme Court, by a 6-3 vote, struck down sodomy laws — that is, the nation’s highest court prohibited any state from making consensual sexual acts between adults in privacy illegal, ruling that such restrictions are unconstitutional — when it had been only in 1986, in Bowers vs. Hardwick, that the U.S. Supreme Court had ruled, 5-4, that sodomy laws (apparently especially those targeting non-heterosexuals) were not unconstitutional. (In Lawrence, the court concluded that “Bowers was not correct when it was decided, and it is not correct today.”)

I certainly do not intend to equate same-sex marriage with sodomy, like the wingnuts’ signage does, but I mean to point out that the U.S. Supreme Court does reverse itself and that it can be unpredictable — and that even conservative jurists sometimes do the right thing.

I give it a little bit more than a 50-percent chance that when it goes to the current U.S. Supreme Court (by which time we will have Justice Elena Kagan on board, for better or for worse), the court will rule that to prohibit same-sex marriage violates the U.S. Constitution.

If the current U.S. Supreme Court does not rule that way, I give it less time than it took between Bowers and Lawrence for the U.S. Supreme Court to rule again, this time in favor of same-sex marriage.

Same-sex marriage rights in all 50 states is just a matter of time.

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