precedent

An Exercise in Contrasts

Garterbelt's head explodes. (Detail of frame from Panty and Stocking with Garterbelt, episode 3, 'Pulp Addiction')

Michelangelo Signorile, on a looming spectre in the tale of equality, liberty and justice for all, and other such Americana such as virtue and citizenship:

The Boy Scouts of America (BSA) has finally lifted its ban on gay adults―except for those groups that still want to discriminate. Sure, it’s cause for optimism that the BSA is not enforcing the ban on every chapter and group. But by allowing some to discriminate by choice―at this particular juncture in American politics―the BSA is setting a dangerous precedent. By allowing the religiously-affiliated troops to still ban gay adults, the BSA is making a religious exemption seem like a reasonable compromise when in fact it is allowing the very people who would discriminate to keep discriminating.

(Boldface accent added)

That last is a particular point of Signorile’s; he raised it last week in a piece about the 2016 Republican presidential candidates we had cause to note for our own reasons. His point isn’t merely valid, it is important. This is the ostensible point of these religious freedom arguments conservatives keep asserting.

We would also remind that this is about more than gay marriage; this is about more, even than the Gay Fray itself.

This is dangerous.

But there is another recurring theme, as well; as Signorile noted, “The Boy Scouts of America (BSA) has finally lifted its ban on gay adults―except for those groups that still want to discriminate”.

We would remind a point from our recent misfortune to consider Gov. Scott Walker’s response to the idea that the Boy Scouts of America would reinvest discriminatory authority in local leaders … er … ah … right. That’s the point. While the BSA has lifted its official national gay ban, they have simply chosen to reinvest discriminatory authority in local Boy Scout leaders.

Mr. Walker responded to the mere proposition by considering the “larger political and cultural debate” juxtaposed with “camping and citizenship and merit badge and service awards”, and therein we find the true measure of what the Boy Scouts of America has done: We won’t force you to discriminate, but, hey, you know, if you want to demonstrate citizenship and merit and service by going out of your way to be cruel and harmful to others, that’s just fine with us.

Downstream reinvestment seems to be the new trend for conservative resistance against equality. It’s hardly anything new; in 2012 we saw Republicans try to reinvest authority to deny contraception in employers. Then again, that’s not so far downstream as it used to be, when a woman needed her husband’s permission to do any number of things.

In the end, it is a poisonous formula. The whole point is to present a compromise in which, okay, discrimination is wrong and shouldn’t be allowed unless you want to discriminate. Downstream reinvestment might fit well into anti-institutional appeal to local sentiment, but its entire purpose is to ensure authority to discriminate is invested somewhere, with someone. The whole point is to protect the discrimination itself.

And perhaps the larger political spectacle of disruptive empowerment demands greater attention, but it really is important to remember what the Boy Scouts of America has done. Protecting bigotry stands among their virtues of proper citizenship.

This is problematic, to say the least.

It is almost enough to obscure the fact of even greater stupidity.

No, really, we promised a contrast. Kyle Mantyla tries to explain:

Today, the Boy Scouts National Executive Board is expected to lift the organization’s ban on gay scout leaders and Colorado state Rep. Gordon Klingenschmitt is not happy about it, warning parents on his “Pray In Jesus Name” program today to remove their sons from the organization before they are molested.Say what?

“If your boy is in one of those organizations, you need to get the out of there,” Klingenschmitt said, “because what they’re going to do is promote homosexual men to mentoring and camping with your boys in the woods and it will lead to child abuse.”

Thanks, Gordon. We … really needed to know what was on your mind.

No, really, with everything else going on ....

Actually, it’s probably a better tack than trying to explain the whole discrimination thing. But there is also apparent irony in the idea of the traditional bigoted appeal about how the homosexuals are coming for the children.

Still, though, the contrast only begs the question: We take these people seriously … why?

____________________

Image note: A preacher’s torment ― Garterbelt’s head explodes. Don’t ask. Detail of frame from Panty and Stocking with Garterbelt, episode 3, “Pulp Addiction”.

Mantyla, Kyle. “Klingenschmitt: Remove Your Sons From The Boy Scouts Before They Are Abused By Gay Child Molesters”. Right Wing Watch. 27 July 2015.

Signorile, Michelangelo. “Why the Boy Scouts New Policy on Gays Sets A Dangerous Precedent”. The Huffington Post. 28 July 2015.

—————. “The GOP Plan to Stoke Anti-Gay Bigotry in 2016”. The Huffington Post. 23 July 2015.

The Main Attraction?

Speaker of the House John Boehner (R-OH8)

“Just because some Republicans want to pretend that before January 2009 presidential power had been limited to pardoning Thanksgiving turkeys doesn’t mean they are right.”

Jonathan Bernstein

And the hits keep coming. ‘Tis a bold headline for Bloomberg View: “Boehner Betrays Congress”, and Jonathan Bernstein leaves little room for doubt about his perceptions:

I’ll say it again: Speaker John Boehner and House Republicans aren’t asking for authority to be returned from the White House to Congress. They want an imperial judiciary that could trump either of the elected branches.

Jonathan Bernstein (via BloombergView)In a system of separated institutions sharing powers, which is what the Constitution created, all three branches do things that look a lot like legislating, but laws can trump administrative or judicial rule-making. That gives Congress serious clout within the system. This lawsuit, however, is an abdication of that clout. In effect, it says that the courts, not Congress, should have the last word when there’s a dispute between branches.

Filing this lawsuit amounts to institutional treason. Boehner and House Republicans should be ashamed. The rest of us can only hope that the courts rescue them by keeping to precedent and tossing this lawsuit into the garbage.

To the other, the suit is filed. In a way, that is actually surprising. It is not quite that it seems like yesterday that House Republicans found themselves in need of a new lawyer after the one they hired quit the case, owing to the sort of political pressure one’s law firm might apply when one is about to publicly humiliate the firm with an act of juristic malpractice; it wasn’t yesterday, but two months ago. After hyperpartisan lawyer David Rivkin quit the case for having bitten off too much hyperpartisanship for his firm, Baker Hostetler, to chew, the GOP turned to William A. Burck of Quinn Emanuel Urquhart & Sullivan, who had just finished the laborious task of failing to defend former Virginia First Lady Maureen McDonnell.

Late last month, then, we learned that Mr. Burck was also stepping down. Josh Gerstein and Maggie Haberman of Politico summarized the situation thus:

Rivkin’s firm withdrew in September after health-care-related clients pressured the firm to back out of representing the House in the Obamacare-related suit. Two sources told POLITICO in recent days that a similar scenario played out with Burck’s firm, with clients bringing pressure to get the firm off the case.

How about three days ago? Is that close enough to feel like yesterday? For whatever reason, Jonathan Turley of George Washington University decided to take up the case. Lauren French of Politico reported ot Tuesday:

“Professor Turley is a renowned legal scholar who agrees that President Obama has clearly overstepped his constitutional authority,” said Michael Steel, a spokesperson for Speaker John Boehner. “He is a natural choice to handle this lawsuit” ....

.... “Even for $500-per-hour in taxpayer dollars, Speaker Boehner has had to scour Washington to find a lawyer willing to file this meritless lawsuit against the president,” said Drew Hammill, a spokesperson for Minority Leader Pelosi. “Now, he’s hired a TV personality for this latest episode of his distraction and dysfunction.”

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