Tag Archives: Obergefell vs. Hodges

Throw ‘Christian’ ‘martyr’ Kim Davis to the lions! (Or, A Modest Proposal)

Kim Davis, meet Cecil’s cousin! Cecil’s cousin, meet Kim Davis!

Kim Davis, the insane Kentucky county clerk and shameless attention whore who has made a name for herself by staunchly refusing (in the name of “God”) to do her job of granting marriage licenses to same-sex couples, has achieved the “martyrdom” that she had been seeking; for having violated the will of even the U.S. Supreme Court, a federal judge today finally put her treasonous, theocratic ass in jail, where she belongs.

I have a better idea: Let’s really make Davis a “Christian” “martyr” and throw her to African lions!

After all, an American wingnut killed Cecil the African lion; we Americans owe it to the African lions to feed them an American wingnut, do we not?

But seriously, I have zero sympathy for Davis, who, in typical “Christian” fashion, claims victimhood for herself while she victimizes others.

The Bible – which was written centuries ago by ignorant people – might be against same-sex marriage, but who ever was trying to force Davis (who infamously has been heterosexually married herself four times) into a same-sex marriage?

Same-sex marriage is now the law of the land, but the haters still get to hate non-heterosexuals and non-gender-conforming individuals (in the name of “God” or not), and they still get to shun same-sex marriage for themselves. The U.S. Supreme Court’s quite-correct ruling in June that prohibitions against same-sex marriage violate the equal human and civil rights guaranteed by the U.S. Constitution doesn’t violate anyone’s religious beliefs – it only prevents theocratic haters like Davis from discriminating against those of us who don’t share their knuckle-dragging, backasswards religious beliefs.

And it is our First-Amendment right not to share their antiquated and dangerous religious beliefs and to not have their antiquated and dangerous religious beliefs shoved down our throats.

This is the central problem: So-called “Christians” believe that the rest of us must follow their beliefs. It’s not enough for them that they believe their bullshit; the rest of us must, too. They must expand their Bible-based lunacy, these lunatics believe.

This is theocracy, and it is no more acceptable for “Christians” to attempt a theocratic takeover of the United States of America than it would be for theocrats like those of the Taliban, al Qaeda or ISIS to do so.

Kim Davis does not work for a church. She works for a county government, and county governments (as well as all state and local governments) are bound by the U.S. Constitution, by U.S. Supreme Court case law (the U.S. Supreme Court is the final arbiter on the U.S. Constitution), and by federal laws.

Kim Davis is no martyr, no victim, and she does have a choice: Do her job or quit her job — or remain in jail for her refusal to do her job.

This is justice.

God bless America!

Update: It’s being reported that five of the six of Davis’ deputies will begin to issue same-sex marriage licenses starting tomorrow. (The lone holdout is her son; the Podunk County clerk’s office reeks of nepotism, among other things.)

The federal judge who put Davis behind bars for her blatant contempt of court has indicated that he intends to keep her behind bars for a while to prevent her from trying to stop the issuing of the licenses.

Indeed, the constitutional rights of the many are far more important than is Davis’ bullshit claim that she’s simply defending her right to her religious beliefs by imposing them on others.

She can rot in jail for all that I care.

Or be thrown to the lions.

Either one.

Here’s her booking photo, by the way:

As others have noted, it’s ironic that she’s so homophobic, because she really could use some gay men to update her look to this millennium.

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Still waiting for the national backlash

As apparently at least one editorial cartoonist (see above) and political commentator Bill Maher have noted, this past week the Confederate flag has been lowered and the rainbow flag has been raised. (Which, as Maher quipped, must have made for a very weird week for U.S. senator and presidential Repugnican Party presidential aspirant Lindsey Graham of South Carolina, whom pretty much everyone knows is a closet case.)

It’s a cute visual — one flag going down and another going up — but it’s not quite as simple as that.

We still have a long way to go in achieving equal human and civil rights for blacks and other racial minorities in the United States of America, and the image of the rainbow flag replacing the Confederate flag could send the message that we’re done with the racial thing, and so now we can celebrate the fact that we’re done with the gay, lesbian, bisexual and transgender thing. But we’re not done with that, either, as I have just noted.

I am happy that the Confederate flag is imploding. Don’t get me wrong. Earlier this month I wrote that the public display of the flag should be banned legally throughout the United States, as Germany bans the Nazi flag, and I still believe that no one should have to see the flag, which I still liken to the Nazi flag, in public. The flag deeply unsettles me, and I’m a white man (albeit a gay white man), so I can only imagine how many if not most blacks feel when they see the Confederate flag — the flag of racist, white supremacist traitors and terrorists — displayed in public as a terrorist warning/threat in the guise of “heritage” or “history” or “culture.”

No, because the First Amendment is used as justification for continued hate speech (which in my book is not protected by the First Amendment since hate speech so often ends in violence against and harm to weaker, historically oppressed individuals), I don’t expect the public display of the Confederate flag to be made illegal throughout the United States any year soon — although it should be made illegal for the federal government or any of the state governments to display the flag in public (except in museums and the like), including, of course, on state-issued license plates — but public and political pressure is bringing the flag down everywhere.

Yes, Mississippi’s flag, which incorporates the Confederate flag in it, as a state-government-sanctioned image has got to go and be redesigned, but while we wait for that — and the illegality of all state-issued license plates bearing the Confederate flag — it’s heartening that in the meantime Walmart, Amazon, Sears, eBay and countless other businesses have decided that they will not sell anything with the Confederate flag on it (with the exception, of course, of such things as history books and DVDs of “Gone with the Wind”).

I can’t remember the last time that I saw any merchandise emblazoned with the Confederate flag here in California — where the Confederate flag does not fly — but it’s nice to know that it now is harder for white supremacists to buy their freak flags online now, and I’m guessing that Walmart’s Southern-state stores have offered merchandise containing the flag of the white-supremacist traitor, if not even the flag itself.

And let’s face it, since the United States is so hyper-capitalist and consumerist, when Big Business decides to do something, such as to ban the Confederate flag, it’s almost as good as the state legislatures and the U.S. Congress actually doing their job, and certainly the elected cowards who fill our chambers of power won’t be as scared now to follow what Big Business has started to do.*

I also was delighted to learn that a black woman in South Carolina yesterday skillfully scaled the flagpole on the state’s capitol grounds and temporarily took down the Confederate flag that mind-blowingly still flies there. Of course law enforcement was waiting for her at the bottom of the flagpole and the flag quickly was raised again. But the woman had made her point; she quite understandably doesn’t want to wait for the state’s legislature to take the matter up, because the time to do the right thing is always right now.

It’s a little complicated, though, I think, as she was spouting the whole time that “God” is on her side.

I’m on her side, but I have a problem with the “God” thing, since “God” is used to justify one’s actions and desires, whether they’re righteous or whether they’re evil. “God” always very conveniently wants whatever it is that the individual who is invoking “God,” the individual who is claiming to know the will of “God” (which to me, an atheist, is like claiming to know the will of Santa Claus), wants.

The religious right, for example, of course, tells us that the U.S. Supreme Court on Friday, in declaring that bans on same-sex marriage are unconstitutional, violated the will of “God,” and that This! Will! Not! Stand!

Oh! Except that It! Will!

The right-wing haters always pitch a fit when the U.S. Supreme Court or the U.S. Congress advances equal human and civil rights, such as with Brown vs. Board of Education, the Civil Rights Act of 1964, the Voting Rights Act of 1965, Loving vs. Virginia, and now, the newly minted Obergefell vs. Hodges.

Of course the hatred of and the discrimination and persecution against us non-heterosexuals and non-gender-conforming individuals will continue, but we continue to achieve full legal equality — equal human and civil rights.

The vast majority of us non-heterosexuals and non-gender-conforming individuals don’t give a flying fuck what heterosexuals and gender-conforming individuals think of us; we only care when heterosexuals persecute us, when heterosexuals make their own ignorance, bigotry and hatred our problem, when they stand in the way of our pursuit of life, liberty and happiness.

And this persistent, pernicious, pathetic right-wing “argument” that the haters’ rights actually are violated when they don’t get to continue to oppress others — similarly, the slave owners’ “rights” were violated when the slaves were freed, you see — isn’t working outside of the wingnuts’ echo chamber. The U.S. Supreme Court certainly didn’t buy it, and neither did the many federal and state courts below it when the haters tried to demonstrate any actual harm to themselves or to society at large by same-sex marriage. That was the haters’ legal task in the courtrooms — to demonstrate actual harm, because you can’t deny a group of people a right unless you can demonstrate that the granting of that right would cause actual harm — and because same-sex marriage harms no one, they failed miserably repeatedly.

As Bill Maher quipped to the haters’ (especially the Repugnican Tea Party presidential aspirants’) response to same-sex marriage now being the law of the land: “Fellas, you do realize that this is not mandatory? You don’t have to have sex with another man — it’s just an option now. OK, I just wanted to make that clear,” he said, hilariously adding after a pause: “They’re such drama queens, aren’t they?”

Indeed, the haters have been acting as though Obergefell vs. Hodges makes same-sex marriage mandatory for everyone, which even they, as insane as they are, know is a fucking lie (because they’re telling the lie in order to scare others to try to get their way politically [which is called terrorism]).

It’s quite simple: As I have noted before, if you don’t want to marry someone of the same sex (even if you’re gay or lesbian), or if you don’t want to get an abortion, then don’t get an abortion or don’t marry someone of the same sex. You have the freedom to follow your own religious convictions, as backasswards as they are, as long as you aren’t acting like the Islamofascists who comprise ISIS, trying to force others to follow your bullshit, troglodytic religion.

Because then, you’re just a “Christo”fascist, and I am governed not by the Koran or the Old Testament or the New Testament, but by the U.S. Constitution (and by other founding documents and by the laws of land, including U.S. statutes and U.S. Supreme Court caselaw, including, of course, the delicious Obergefell vs. Hodges). And I would battle an attempted takeover of the nation by “Christo”fascists just as I would an attempted takeover by Islamofascists.

Haters, you still get to hate; Obergefell vs. Hodges did not strip you of your right to hate others based upon your non-existent “God,” who is like a Santa Claus on crack. But leave the rest of us the fuck alone to pursue our life, liberty and happiness as is guaranteed to us, as is our birthright.

There will be no big national backlash because of Obergefell vs. Hodges. The terrorists who comprised the right wing risibly tried to raise this specter to spook the U.S. Supreme Court from doing the right thing, but with around 60 percent of all Americans supporting same-sex marriage, of course the U.S. Supreme Court was perfectly safe in doing the right, long-overdue thing. (Indeed, as I noted, the court wouldn’t have done the right thing unless it had felt quite safe in doing so. As independent from public opinion as the nation’s court [or, arguably, any court] is supposed to be, at least on paper, the political reality as to how far a court safely can stray from public opinion is different.)

Oh, there might be a nutjob (or two or three) like a Dylann Storm Roof who goes off and commits domestic terrorism against actual and/or perceived non-heterosexual or non-gender-conforming victims — this can happen at any time anyway, and it does — but we won’t see a national backlash to Obergefell vs. Hodges because the nation already is significantly segregated into political blocs anyway, replete with blue states and red states and with blue areas and red regions within the red states and blue states. To a large degree, those on the left and on the right mix as little as is possible anyway.

And before Friday, 36 states had had same-sex marriage anyway; before Friday there were only 14 holdout states. So it’s not like there wasn’t same-sex marriage anywhere in the nation, but that the U.S. Supreme Court just up and in one fell swoop went from zero percent same-sex marriage to 100 percent same-sex marriage in the United States. (That said, things did go fairly quickly, I suppose; Massachusetts became the first state in the nation to start issuing marriage certificates to same-sex couples in May 2004, and just a little more than 11 years later, all states must now do so.)

So again, no, there will be no national backlash. Talk of such a backlash is just what the self-serving, treasonous, backasswards wingnuts want, since their Bible-based worldview increasingly is being rejected and relegated to the dustbin of history, where it belongs.

Life will go on much as it has before. The years will pass. The old haters will die and take most of their hatred, bigotry and ignorance with them to their graves (and they have to have graves because they love unsustainability); fewer and fewer of us will be raised to be haters, and even those who do have some hatred in their hearts and minds will, because of the stigma attached to such hatred, for the most part keep their hatred to themselves.

The right-wing haters do their best to prevent progress, do their best to keep humankind bound in the rusted chains of the past, but with each passing day, their hatred is more and more unsustainable.

We progressives must continue to fight, as gains won can be threatened or lost later (look at voting rights and reproductive rights, for example), but, while we fight, we must keep in mind that, as Taylor Swift might put it, while the haters are gonna hate, hate, hate, hate, hate, we must persevere and just shake, shake, shake, shake, shake it off, shake it off.

(If you’ve actually read this far, you kind of deserve a reference to Taylor Swift. Just sayin’.)

*Don’t get me wrong; it’s not that Big Business suddenly wuvs us. No, Big Business has calculated that the intangible and tangible costs of continuing to sell the Confederate flag outweigh any profits that they’ve been getting from selling it.

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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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