Louisiana

¡Godzilla! Oh, Wait … It’s Just Marriage Equality

Justice is blind ... just kidding.  No, really, did you read the Sixth Circuit ruling?  Jaded eyes, jaded eyes ....

And then there is this:

Today, November 19, U.S. District Court Judge Brian Morris ruled in favor of the freedom to marry in Montana, striking down the ban on marriage between same-sex couples in the state.Marriage Moves Forward in Montana!

The ruling is set to take effect “immediately,” the judge ruled, meaning that same-sex couples in Montana should be free to marry now.

The Attorney General said shortly after the decision that he will appeal the decision to the 9th Circuit Court of Appeals. The Attorney General could also seek a stay from Judge Morris, but as we’ve seen time and again this month – from the 4th Circuit, from the 9th Circuit, and even from the United States Supreme Court – judges have repeatedly rejected requests for stays, because there’s no good reason to delay the freedom to marry.

(Hiott-Millis)

Dan Savage gloats, of course, but here’s the thing:

Slog’s resident trolls would erupt every time I ended a Slog post about marriage equality with “We’re winning.” They LOL’d at my delusions, they sneered at my efforts to buck up supporters of marriage equality, they trolled a little harder. They called me a cockeyedmouthed optimist. That was then. This is now: 35 states, motherfuckers. And, thanks to a “loss” before the U.S. Court of Appeals for the 6th Circuit—the only U.S. Court of Appeals decision that hasn’t backed marriage equality—we’re headed back to the Supreme Court.

Reading through the Sixth Circuit decision against marriage equality is a fascinating exercise in depression. We knew that a decision against same-sex marriage would require some degree of juristic contortion and acrobatics, but what the court gave us was the metaphorical equivalent of ceremonial magick.

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The Future, Revealed?

Jobs, jobs, jobs ... j'abortion!

We might for a moment pause to recall 2010. Republicans achieved a majority in the U.S. House of Representatives, but the real story was in the state houses, where the GOP made astounding gains by hammering away at the economic instability their Congressional partners worked so hard to create.

And then they tacked away from jobs. As Rachel Maddow memorably put it, “Jobs, jobs jobs … j’abortion”. State-level Republicans passed record numbers of anti-abortion bills, knowing that most of them were unconstitutional. And it is certainly an old conservative scheme, to tilt windmills, lose, and then bawl that the sky is falling because the Constitution is Sauron and Democrats and liberals the armies of Mordor.

With many predicting a Republican blowout in the 2014 midterms, some are looking ahead to figure out just what that will means in terms of policy and governance. And some of those are Republicans.

Yet there is a week left; perhaps this isn’t the best time to be telegraphing the Hell they intend to call down upon the Earth.

Or, as Lauren French and Anna Palmer of Politico explain:

Conservatives in Congress are drawing up their wish list for a Republican Senate, including “pure” bills, like a full repeal of Obamacare, border security and approval of the Keystone XL pipeline — unlikely to win over many Democrats and sure to torment GOP leaders looking to prove they can govern.

Interviews with more than a dozen conservative lawmakers and senior aides found a consensus among the right wing of the Republican Party: If Republicans take the Senate, they want to push an agenda they believe was hamstrung by the Democratic-controlled chamber, even if their bills end up getting vetoed by President Barack Obama.

Their vision could create problems for congressional leaders who want to show they aren’t just the party of “hell no.” And while conservatives say they agree with that goal, their early priorities will test how well John Boehner and Mitch McConnell can keep the party united.

Two points: Swing voters can’t say they weren’t warned. And conservative voters complaining about gridlock should admit that’s what they’re after.

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The Dignity of the Great State of Texas (and Other Notes)

Texas

See, the thing about Texas ....

It is, actually, a difficult proposition to pick on a whole state. After all, no population is monolithic. Still, though, there is a reason why one might note, as Tim Murphy of Mother Jones did last week, that—

As a Texas state senator, Dan Patrick has conducted himself in a manner consistent with the shock jock he once was. Patrick—who is now the Republican nominee for lieutenant governor—has railed against everything from separation of church and state to Mexican coyotes who supposedly speak Urdu. He’s even advised his followers that God is speaking to them through Duck Dynasty star Phil Robertson.

—and others will simply nod and mutter to themselves something about how that sounds right. Nor will those folks be surprised to find that the article only goes downhill from there.

And it is true that we see this over and over again, and while it is not some rarified view from an emerald tower to the far horizon, it is a difficult calculation to express just what it is they are doing wrong. Like art and obscenity, though, sometimes it is just plain apparent.

Whether it’s advocating violence against journalists, offering women money to abandon babies, tinkering with history in textbooks, trying to cram small government between women’s legs, showing his tolerance through intolerance, something about coyotes speaking Urdu, denigrating migrants, touting his own piety in order to be seen by other men, breaking Senate rules in order to try to force a bill through because, well, you know, God, mocking Asians, or arguing against the separation of church and state, there really isn’t anything about Murphy’s profile of the shoe-in to what is described as the most powerful office in Texas that doesn’t “sound Texas”.

One of the things about states’ rights is that in our democratic society, how our majority votes is one of the most apparent projections of what our society believes. It’s kind of like wondering what the Joni Ernst campaign means as an expression of Iowa values. Does any of this embarrass supporters?

And Texas? Come on, we saw Rick Perry in the 2012 primary. And it is still hard to explain the two presidential terms of George W. Bush. But for all the miserable disaster about Perry or Bush, or Ron “Legitimate Rape” Paul? Really? Does none of this embarrass the Texans who support these people?

Take Rep. Vance McAllister. The Republican from Louisiana’s Fifth Congressional District is best known as the “kissing congressman”, and sure, it’s not the worst thing in the world for a member of Congress to be caught cheating on his wife. And some would make the point that, hey, it was just a kiss, you know? But what was really, really embarrassing about that episode, what seemed so unreal, was the back and forth about whether he would resign, or maybe simply not run for Congress again, and, well, now he actually trails the lone Democrat in a six-way race otherwise rated Safe Republican. Still, the only people annoyed by the controversy seem to be his opponents. And in truth, it is hard for outsiders to comprehend the context of Times-Picayune political reporter James Varney’s recent explanation of the race for LA5CD:

Is McAllister this bad? Does he actually have a chance of being re-elected?

Well, as for the first question, maybe not. He’s a veteran, for one thing. And he earned all that money through savvy personal business moves, for another. In addition, as his campaign stresses, he holds a bunch of excellent positions: he’s against amnesty; he thinks Obamacare is terrible.

So, taken all in all, McAllister is the sort of guy who could have kept his seat in Congress and a Robertson family duck blind forever if he could have simply resisted his married staffer.

Whether he has a chance or not is hard to determine. The Robertson clan, maintaining the Old Testament stance that jibes with their unshaven look, is backing and bankrolling a relative, Zach Dasher. Dasher, a political rookie, is also supported by outside groups like the Club for Growth.

It’s a crowded Republican field, too. The third candidate most people familiar with the field identify as a guy with a shot at the runoff is Ralph Abraham. Abraham holds both medical and veterinary degrees so he’s overqualified for the job. There isn’t a whole lot of daylight between the three men on the issues.

There’s also a Democrat in the race and, somewhat surprisingly, he’s reportedly got a shot at a spot in the runoff. There appears to be little reliable, objective polling data on the race. More than a month ago The News-Star in Monroe had McAllister leading the race with 27 percent followed by the Democrat, former Monroe Mayor Jamie Mayo.

At some point, it seems as if we are reading a satire on Poe’s Law, which essentially asserts that at some point it becomes impossible to discern between satire or even parody to the one, and reality to the other. And when this sort of question was largely restricted to internet arguments about anything under the sun, it was whatever it was. As a particular notion was explained to me in 1995, “Remember, this is the internet. Any moron with a connection can have a soapbox.” To what degree the surfactant has permeated the social discourse is a complex question, of course, but there does come a point when it seems almost impossible to dismiss the simple fact of certain results. Dan Patrick and Rick Perry in Texas? Vance McAllister in Louisiana? “Fangate”, for heaven’s sake? Really, it sounds like a cruel joke, “America’s Wang”, except that, well, it’s Florida, so one nods and mutters, “Sounds about right.”

In the end, it’s not that we hate these people in these states, because we don’t. And we might hope that despite the general contempt they show the rest of American society they don’t actually hate us. But, damn it, what kind of friends, family, or neighbors would we be if we stood by, watching them denigrate and even hurt themselves, and simply say nothing?

Sometimes people embarrass themselves. And, yes, sometimes it’s really, really funny. But the point is to be able to look back on this, someday, and laugh. These aren’t storts of things we should be laughing at, though. The implications are serious. And when the history is written, and the damage is tallied, the indictments will be hideous. At this point, simply admitting there is a problem might be a generational process for some of these states.

And we can complain about the media all we want, but in the end, the only way to change it is to stop paying attention to what the stenographers journalists say. And in truth, not everybody is suited to read the news backwards, to start from the editorials and work back to the sources. Sometimes this proves fruitful, such as when one hears conservative commentators ranting about liberal judicial activism on the Supreme Court, and then finding the case they are talking about, and it turns out all the Court actually did was refuse to overturn the opinion of one of the most conservative state supreme courts in the nation.α To the one, however, it is a laborious process, and sometimes source documents can be hard to find. To the other, there are some people who simply do not seem to understand how government works. And those would be the sort who would complain about the Supreme Court imposing its will on the states, but then be unable to figure out that had Missouri not pushed its losing cause in front of the Supreme Court, it would have stayed in the states. In this case, though, Missouri really, wanted to execute someone, demanded the Supreme Court’s attention, got it, and then failed to make the case. And if you put the question to certain people—How did the Supreme Court impose its will by leaving a state supreme court decision to stand?—it seems somehow incompatible with whatever is going on in their minds to understand that had the U.S. Supreme Court refused to hear the case, the outcome would have been the same. Strangely, the dissonance of the complaint against liberal judicial activism creates an argument whereby the U.S. Supreme Court rejecting and overturning a state supreme court is the only outcome that would not constitute an imposition of will.

No, really, think about it. The three potential outcomes of Roper: (1) SCOTUS refuses to hear appeal, state supreme court decision stands; (2) SCOTUS hears appeal, upholds state supreme court decision; (3) SCOTUS hears appeal, overturns state supreme court decision. By the complaint of liberal judicial activism against the second possibility above—the one that came about—the first is similarly indicted for arriving at the same result; the third, technically, remains a mystery, but in this context of imposing against the states, the outcome that sees SCOTUS reject the state supreme court becomes the only one that does not impose the federal judiciary’s will on the states. The difference is in what part of a state one is looking at. It was the Missouri judiciary that imposed its judgment against the will of the state’s executive branch. And since the U.S. Supreme Court did not impose its will against the state judiciary, it imposed its will against the state executive branch. If it seems like a complicated accommodation for the executive branch of Missouri having asked the Supreme Court of the United States to impose its will? Well, right. That’s the problem with the rhetoric we hear from cable news commentary. And, really, considering what we know or believe about the “average voter”, who the hell has time to figure all that out? About everything?

And while all of this might seem a long and winding road from seeking divine inspiration in Duck Dynasty, we might hope to illustrate a larger issue. American society is lowering the proverbial bar for this crowd. And everybody selling something has a reason to play along. Simplistic sensationalism draws a news audience, which attends to the money biasβ. Simplified issue dynamics make for an appearance of greater efficiency and potency for campaign operations. And the candidates themselves have fewer details and quandaries to manage. In truth, the only losers in such a marketplace are the consumers, i.e., voters.

Stupidity is both simple and spectacular.

So, yes. We look to the low end of the data set, to what is dragging down the averages, and this is what we see? Yeah, the question persists: Aren’t they even a little bit embarrassed by all this?

It would be reassuring to believe they are.

____________________

α That decision would be Roper v. Simmons (2005), in which the Supreme Court declined to overturn the Supreme Court of Missouri. In this case, reading backwards from the editorial complaint about liberal judicial activism, we find the underlying accusation to be that the Supreme Court of Missouri is apparently too liberal and activist. And, frankly, if the Supreme Court of Missouri is too liberal and activist, one wonders what the threshold actually is.

β You know that phantom liberal media conspiracy we hear about from time to time? It has always been about money, and part of the appearance of disparity in coverage is that while both sides indeed have their clowns, not all clowns are equal. What is the other side’s version of a Ted Haggard or George Rekers? Or Sarah Palin? Or Bryan Fischer? Or Ted Cruz? Really, if one asked about the other side’s John Boehner, it would be historically inaccurate to point to Nancy Pelosi. And there are reasons for this, and no, not all of them are moral or ethical indictments of conservative politics; much of it is just the fact of accelerating societal transformation and the resulting destabilization of prevailing cultural standards. That is to say, while conservatism itself is not inherently evil, there are reasons why it has come to this. That, in turn, is a larger discussion of its own.

Murphy, Tim. “Man Who Believes God Speaks to Us Through ‘Duck Dynasty’ Is About to Be Texas’ Second-in-Command”. Mother Jones. 21 October 2014.

Bowman, Bridget. “Poll Shows McAllister Race Is Wide Open”. Roll Call. 7 October 2014.

Everett, Burgess. “The passion of the ‘kissing congressman'”. Politico. 20 October 2014.

Varney, James. “Is Rep. Vance McAllister, R-La., a big, fat slob or just a cheater?” The Times-Picayune. 21 October 2014.

Something About Today: Quiet Hash

USConstitution-ArticleIV-header

Sometimes the answers really are blowing in the wind, even if the answer is nothing more than the sounds of silence. Of course, in modern America genuine silence is hard to come by. Kate Nocera explains for Buzzfeed:

On Monday afternoon, Sen. Mike Lee was one of the few GOP members to issue a statement. His home state of Utah was one of the states where a marriage ban was overturned by an appeals court and the state is now moving forward with allowing same-sex couples to marry. Lee called the Supreme Court decision to not review the appeals “disappointing.”

Texas Sen. Ted Cruz likewise criticized the decision on the part of the court and announced that he would introduce a constitutional amendment that would allow the states to define marriage.

“I will be introducing a constitutional amendment to prevent the federal government or the courts from attacking or striking down state marriage laws,” Cruz said.

Supreme Court decisions are often met with swift reaction from members on Capitol Hill, filling reporter’s inboxes with statements of disappointment or support for whatever the justices have ruled. All the more when the decision impacts a hot-button social issue.

The muted response from congressional Republicans is telling. As public opinion on legalizing marriage for same-sex couples has dramatically shifted in its favor, the GOP’s opposition has quieted. Republicans have often argued that the decision on marriage should be left up to the states.

And let us bear in mind that Sen. Lee (R-UT) is from one of the rejected states; it’s hard for the Utah delegation to say absolutely nothing. And the Republican junior from Texas? Sen. Cruz, the strict constitutional constructionalist, is welcome to try. You know, since strict construction fails to satisfy his desires.

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The Picture: Marriage Equality Mix

Contemplation of Justice

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

David A. Strauss

There is a lot going on. Or maybe not. Where once the idea was that courts should stay out of things and let “democracy” pick and choose who gets what human and constitutional rights in the United States, many of those advocates are looking to the Supreme Court of the United States to cram the gays back into the closet. With Justice Ginsburg suggesting last month that the Supreme Court might get involved if the lower courts make a sufficient mess of things, and the Fifteenth Judicial District Court of Louisiana holding the line in terms of state courts, one might wonder about the fervor Robert Barnes noted last week for the Washington Post:

The 10th edition of the Supreme Court under Chief Justice John G. Roberts Jr. begins work Monday with the prospect of a monumental ruling for gay rights that could serve as a surprising legacy of an otherwise increasingly conservative court.

Whether the justices will decide that the Constitution protects the right of same-sex couples to marry dominates expectations of the coming term; such a ruling would impart landmark status on a docket that so far lacks a blockbuster case.

And some say it would be a defining moment for a closely divided court that bears the chief justice’s name but is most heavily influenced by the justice in the middle: Anthony M. Kennedy, who has written the court’s most important decisions affording protection to gay Americans.

“If the court establishes a right to same-sex marriage . . . [it] will go down in history as one that was on the frontiers of establishing rights for gays and lesbians,” said David A. Strauss, a constitutional-law scholar at the University of Chicago.

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

Something about blockbusters, to be certain; one would hope we have enough worked out about our society that we should not necessarily be rushing for a marquée show every year. That is to say, there is plenty wrong with society, but do we really have so many fundamental civil rights questions coming to the fore? And if so, well, what the hell is wrong with Americans that we have not yet figured out how some of these very basic concepts work?

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Louisiana

Pick your passion, indeed.

The Louisiana House voted 66-27 on Tuesday to keep the state’s unconstitutional sodomy ban under Louisiana’s crimes against nature law.

Louisiana's crappy flag.Yes, really. As Shadee Ashtari explains for Huffington Post, the Pelican State legislature decided that it would be better to maintain the unconstitutional law as a statement of the “values of Louisiana residents”.

The backstory on this one is rather quite incredible. Oh, did we say, incredible. Our apologies, we meant to say the backstory is rather quite stupid.

An undercover East Baton Rouge Parish sheriff’s deputy was staking out Manchac Park about 10 a.m. one day this month when a slow-moving sedan pulling into the parking lot caught his attention. The deputy parked alongside the 65-year-old driver and, after denying being a cop, began a casual conversation that was electronically monitored by a backup team nearby.

As the two men moved their chat to a picnic table, the deputy propositioned his target with “some drinks and some fun” back at his place, later inquiring whether the man had any condoms, according to court records. After following the deputy to a nearby apartment, the man was handcuffed and booked into Parish Prison on a single count of attempted crime against nature.

(Mustain)

Right.

So, sending out deputies to proposition homosexual men in order to arrest them?

Welcome to Louisiana.

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