marriage

A Post That Is Shorter Than Its Title

Four words: Christian sex toy store.

Not Surprising

Screengrab of BET.com, 28 October 2014, showing something about the odd contrast between grave news and pop-culture advertising.

Sometimes, well, it just isn’t surprising. To wit, we are not surprised

• … that a small-time Republican state legislator in New Hampshire plagiarized a speech against marriage equality two years ago.

• … that a small-time Republican state legislator now running for Secretary of State is a Birther, and now she doesn’t want to talk about it.

The lovable Jennifer Rubin just hates  President Obama.• … Jennifer Rubin will take the word of the Iranian government if it means she can criticize President Obama by doing so.

• … the Avengers: Age of Ultron trailer was “leaked”.

• … that more people are dead after another shooting.

• … or that Seattle has nothing on Chicago when it comes to deadly violence.

And we might also mention that we are not in the least surprised at the amount of unrelated various video websites want us to watch when we click in to read a news story. What’s that? An important news story? Here, we’ll autoplay “Chris Spencer’s Top 5”. Obviously, we’re out of the loop: Who is Chris Spencer? (Wait, wait, don’t tell me. Please.) Why do I care? (Again, I don’t.) And you’re seriously telling me there’s a show called Real Husbands of Hollywood? (Just stop already.) And, no, we’re not really singling out BET; this just happened to be the stark contrast at hand.

To the other, neither will we be surprised if we don’t try a “Not Surprising” list again in the future. These things just should not be thrown together on a moment’s notice.

Terrible

Alright … a grim proposition: Should domestic violence victims be allowed to defend themselves?

Please don’t ask why I ask that. Because if you do, then you need only keep reading. Nicole Flatow of ThinkProgress tries to explain:

South Carolina is one of more than 20 states that has passed an expansive Stand Your Ground law authorizing individuals to use deadly force in self-defense. The law has been used to protect a man who killed an innocent bystander while pointing his gun at several teens he called “women thugs.” But prosecutors in Charleston are drawing the line at domestic violence.

South Carolina, where domestic abuse victims should not be allowed to defend themselves, according to prosecutors in Charleston.In the cases of women who claim they feared for their lives when confronted with violent intimate abusers, prosecutors say the Stand Your Ground law shouldn’t apply.

“(The Legislature’s) intent … was to provide law-abiding citizens greater protections from external threats in the form of intruders and attackers,” prosecutor Culver Kidd told the Post and Courier. “We believe that applying the statute so that its reach into our homes and personal relationships is inconsistent with (its) wording and intent.”

† † †

South Carolina is one of several states that has two self-defense provisions. One known as the Castle Doctrine authorizes occupants to use deadly force against intruders. Recently, the South Carolina Supreme Court ruled that this provision could not apply to fellow occupants of the home, in a case involving roommates, although that ruling was since withdrawn and the case is being re-heard this week. The Stand Your Ground law contains a separate provision that authorizes deadly force in self-defense against grave bodily harm or death in another place “where he has a right to be.” Prosecutors are arguing that neither of these laws permit one occupant of a home to use deadly force against another. But as Nicholson points out, this interpretation would yield the perverse result that both self-defense provisions explicitly exempt domestic abusers when they perpetrate violence within their own home.

Okay, really. What? What the hell are we supposed to say? Sometimes it feels like being that guy in the “dead bleepin’ alien” episode of the X-Files, wandering naked along the roadside muttering, “This isn’t happening. This isn’t happening.”

So let us offer a statistic then, that will do exactly nothing to cheer you up: Twelve days. As in, “women are dying at a rate of one every twelve days from domestic abuse in South Carolina”.

Hello?

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Flatow, Nicole. “South Carolina Prosecutors Say Stand Your Ground Doesn’t Apply To Victims Of Domestic Violence”. ThinkProgress. 14 October 2014.

Follow-up … Clean-up … Something-up

The Rachel Maddow Show, 6 October 2014

Rachel Maddow’s nearly giddy segment on msnbc last night noted that when the full effect of yesterday’s Supreme Court rejection of appeals against marriage equality reaches the states, the roster will equal thirty states. And she looked forward to decisions expected from the Sixth and Ninth.

Today, the hammer dropped in the Ninth; Dale Carpenter quips:

I haven’t read the Ninth Circuit opinion yet. I have to teach now, so it would be nice if the courts would stop issuing gay-marriage decisions for an hour or so.

The estimable Lyle Denniston of SCOTUSblog explains what happened in the Ninth:

The Ninth Circuit’s ruling was made up of three parts.

First, all three judges on the panel joined in an opinion by Circuit Judge Stephen Reinhardt finding that the Idaho and Nevada bans violate the constitutional guarantee of same-sex couples to be treated the same legally as opposite-sex couples. Second, Judge Reinhardt issued a separate opinion, for himself only, saying he would also strike down those bans under the Constitution’s Due Process Clause, arguing that the right to marry is a fundamental guarantee and that gays and lesbians have a right to share in that right. Third, Circuit Judge Marsha S. Berzon, in a separate opinion only for herself, said she would have also struck down the bans on the premise that they discriminate on the basis of gender.

The third member, Circuit Judge Ronald M. Gould, joined only the main opinion on the equal protection principle.

This ruling was perhaps the least surprising among four federal courts of appeals decisions striking down state prohibitions on same-sex couples marrying, and already-married couples gaining official state recognition of those unions, performed elsewhere.

(more…)