sexual consent

Just Another Day (Mad Mat Mix)

Kim Davis and Friends: Detail of cartoon by Kevin Siers, The Charlotte Observer, 10 September 2015.

Here is a question: What do Kim Davis and Donald Trump have in common? Before you reach for a punch line, I should note it’s not actually that kind of a setup. In truth, it is hard to follow either story, because it is difficult, to the one, to comprehend the full dimensions of what is actually happening, and to the other that it happens so damn fast. Either absurdist tragedy leaves us breathless trying to keep up.

For instance, adding the Oath Keepers to the mix probably isn’t any specific reason to be alarmed, but still, it can’t be good news.

In a phone call with Jackson County Kentucky Sheriff Denny Peyman, Oath Keepers founder Stewart Rhodes said members of his group had reached out to Davis’s legal team and were already forming an on-the-ground presence in Kentucky’s Rowan County, but remained tight-lipped on specifics, Right Wing Watch reports. Rhodes said his group’s action had nothing to do with same-sex marriage, but instead was focused on his belief that Davis had been illegally detained after being found in contempt of court by not issuing marriage licenses.

“As far as we’re concerned, this is not over,” he said in the audio clip above. “This judge needs to be put on notice that his behavior is not going to be accepted, and we’ll be there to stop it and intercede ourselves if we have to.”

(Wong)

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An Example of Alaskan Virtue

In the early nineties, a disgruntled group of anti-abortion activists in Oregon decided to shift gears, and the Oregon Citizens’ Alliance rose to influence trying to compel the state to exclude homosexuals from societal participation; the ballot measure was so broadly worded that a “gay panic defense” would succeed in any question of murdering a homosexual or suspected homosexual, because prosecutors would be forbidden from not condemning homosexuality as “abnormal, perverse, and wrong”. While some of us frequently joke that marriage equality owes much to such merry bands of stooges insofar as they moved the question of gay rights to the fore as no gay rights activist possibly could, it was a grave time that even saw homophobes resort to terrorism.

Rep. Don Young (R-AK)Well, we didn’t call it terrorism back then, did we? It was just firebombing faggots, a method viewed at the time as questionable for its potential to create sympathy toward homosexuals.

Which is telling. But the aspect we might consider today is a persistent one: Why is the idea of consent as relates to sexual intercourse so irrelevant to the conservative political outlook?

I’m sorry, is that a harsh question?

Deal with it. We’ve been hearing this sort of talk for decades.

The latest manifestation comes from Rep. Don Young (R-AK):

At a Wasilla High School assembly Tuesday morning, U.S. Rep. Don Young didn’t temper his notoriously abrasive personality for his young audience.

Numerous witnesses say Young, 81, acted in a disrespectful and sometimes offensive manner to some students, used profanity and started talking about bull sex when confronted with a question about same-sex marriage.

(Hollander)

Then again, this is Don Young. The octagenarian congressman has a penchant for bigoted gaffes.

Which, in turn, says something about the virtues and values along the Last Frontier.

But here is the functional problem: This is part of a long-running rhetorical bit whereby social conservatives aim for comedic style points. The problem here is that in winning the debate on style points, conservatives are (A) dehumanizing their opponents, and (B) erasing sexual consent.

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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.

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