Bush v. Gore adversaries Ted Olson and David Boies appeared on Larry King last night to make their case why it's the right time to pursue a federal decision on marriage equality arguing that Prop 8 violates the U.S. constitutional guarantee of equal protection and due process.
They present a logical argument on why the Prop 8 ban on marriage equality is wrong, citing that marriage is a basic human right and states should not be allowed to discriminate. For instance, when they appeared later on CNN with John King (transcript isn't up yet), Olson asked whether Dr. Martin Luther King would have stated the country should pursue equality on a state-by-state basis, or that desegregating the schools was a state's rights issue and we'll wait until the people catch up to change matters. BTW, Olsen said that they did consult with LGBT orgs, which all urged them not to pursue this case at this time, but are moving forward using the reasoning that the four couples they represent should not have to wait for fundamental rights based on the U.S. Constitution.
You can't disagree with the merit of these arguments, really. What is causing a great deal of consternation in LGBT organizations is the approach and timing -- the orgs strongly disagree with this case because they feel it is too soon to bring the matter up on a track to be heard by the current U.S. Supreme Court at this time, which is why you see the speedy press release from the coalition of orgs restating its strategy (see my earlier post).
The groups released a new publication, "Why the ballot box and not the courts should be th e next step on marriage in California." This publication discourages people from bringing premature lawsuits based on the federal Constitution because, without more groundwork, the U.S. Supreme Court likely is not yet ready to rule that same-sex couples cannot be barred from marriage. The groups also revised "Make Change, Not Lawsuits," which was released after the California Supreme Court decision ending the ban on marriage for same-sex couples in California. This publication encourages couples who have legally married to ask friends, neighbors and institutions to honor their marriages, but discourages people from bringing lawsuits.This approach has merit as well -- on the basis that incremental change allows people to learn, on a personal basis, that there is no threat to our country or any one else's marriage because gay and lesbian couples simply want the the same rights as they do.
In my opinion, this is also a part of the motivation behind the Olsen/Boies lawsuit. After all -- how can you have a President of the United States who is a constitutional scholar out there saying "God is in the mix" and tossing off "it's an issue best left to the states"? After all, his parents' relationship was illegal in many states, and Loving v. Virginia was needed to nullify all of those state bans.
Again, this is a political problem of candidate and President Obama's own making that is now blowing up in his administration's face. I'm not surprised that this is happening; I am kind of surprised it's happening so soon -- but we, the LGBT orgs, and the big brains at 1600 Pennsylvania Avenue do not have the ability to shut down the constant equality questions being bombarded at Robert Gibbs or a lawsuit like this.
I'm not arguing that Boies and Olson are pursuing the right strategic path, mind you, but I understand the sentiment and frustration behind it -- I'm just tossing this out there as a discussion point, since we are all tired of the disingenuous BS coming out of the Obama White House through the clownish, embarrassing dodges of Press Secretary Robert Gibbs nearly every day. Also, we don't see any of the LGBT orgs criticizing the non-answers and evasive maneuvers coming out in the name of our "fierce advocate" at these pressers -- do you think this silence would have occurred under Bush?
So this is where we are, and it's a complete mess. Anything remotely representing a planned strategy is obliterated; now everyone has to deal with the reality at hand, including the fact that the most recent polls show a 6% drop in support for marriage equality (50% to 46%) from last month, a result quickly picked up by the fundies. Of course looking at the progression over the years, the change in level of support has risen dramatically, which un derscores the fact that those who oppose equality are going to lose this battle in the long run:
But, there's an obvious question lurking there that represents the underpinning of the federal lawsuit -- why do polls matter at all, other than for political cover? Everyone participating in this kabuki dance knows we're dealing with a fundamental right -- and civil rights should never be determined by polls, the ballots or politicians. This will be determined by the U.S. Supreme Court.
And about all of the questions about who's funding the Boies/Olson case. I've heard that it's prominent wealthy progressives bankrolling the American Foundation for Equal Rights, so that would deep-six the Olson right wing conspiracy stories.
But if you think about it, tht, this issue of who is funding the fed lawsuit is kind of irrelevant on some level. The situation, regardless of political persuasion, is really about whether the goal of marriage equality is seen as an incremental process leading to a positive resolution, or, as with prior civil rights movements, seen as a fundamental constitutional issue because 1) the states will never consistently settle the matter, and 2) in the absence of a federal decision, in layman's terms, you simply cannot have a civil right in the U.S. that one loses based on driving across the wrong state line.
***
So it's a very difficult series of Qs of the day for you --
* is Boies' and Olson's rejection of the current legal strategy supported by our orgs a tactical error for the marriage equality battle? It represents a "Hail Mary" approach, polls and pols be damned, to solve the patchwork problem of uneven equality around the country all at once, taking the moral high road. But it's a chance the ball will be dropped and the setback with a loss could seriously damage the movement for marriage equality
* is pursuing equality on the path our LGBT organizations represent a sound strategy? The path of taking the state route gains rights for gay and lesbians with each success -- and it also ends at SCOTUS. However, it forces those in states with constitutional bans on marriage equality to languish without full civil rights until a favorable decision at that level at some unknown point in the future. It also relies on additional gains that can be made with the repeal of DOMA, for instance, something also promised but that we may not see any time soon.
An Amber Alert was issued earlier this week for a Pennsylvania mother Bonnie Sweeten,38, and her 9 year old daughter Julie, who were allegedly kidnapped:
According to WPVI-TV in Philadelphia, Pennsylvania, authorities are still searching for missing Bonnie Sweeten and her daughter, Julia Rakoczy, after what appears to be a carjacking and kidnapping in the middle of the afternoon.Pennsylvania State Police issued an Amber Alert early W ednesday morning (May 27) for missing 8-year-old Julia Rakoczy after receiving several 911 calls from her mother, Bonnie Sweeten, who claimed to be calling from the trunk of a car. Sweeten said that she and her daughter had been forced into the trunk of vehicle after being rear-ended in a traffic accident.
The bizarre tale began when Bonnie Sweeten called the Philadelphia police around 2 p.m. Tuesday to report an accident. Her GMC Yukon Denali had been rear-ended by a black 1990's-style Cadillac.
When police arrived on the scene, according to Blink On Crime, witnesses informed them that two black men had forced a woman into the trunk of the Cadillac. The little girl had been placed in the back of the Yukon.
But neither vehicle supposedly involved was to be found.
But Bonnie Sweeten continued to make 911 calls. In all, Sweeten made seven 911 calls, a couple for an extended length of time. One of her first calls revs revealed that she believed that the kidnappers had also taken her vehicle, which was consistent with what police found at the scene of the accident. Sweeten's vehicle was later found early Wednesday morning, a parking ticket on the windshield.
But it seems that the story is far more bizarre... more below.
First off, they have been found and are fine. But the "where and why" are mind-boggling, as it seems the mom set the entire thing up as a scam.
First clue: the pair were seen hours after the "abduction" on airport surveillance cameras in Philadelphia.
A security camera reportedly showed Sweeten and Rakoczy at Philadelphia International Airport, just hours after Sweeten made at least two 911 calls by cell phone saying she was locked in the trunk of a dark-colored 1990s Cadillac."It's a terrifying thing for a local community to hear that allegedly two black men in a Cadillac took a woman and her daughter," (Bucks County DA Michelle) Henry told reporters at a press conference Wednesday night.
"The fact that she would accuse anybody of doing something ... was a total fabrication on her part," Henry said.
Investigators uncovered that Sweeten allegedly was involved in stealing about $300,000 from her former employer.
Why would this mother do all of this?
Try this one: so she can take her kid to Disney World.
A suburban mother tracked to Disney World after claiming she and her young daughter had been abducted by two black men and stuffed into a car trunk will be extradited from Florida and charged with making false reports and identity theft, a prosecutor said.Bonnie Sweeten and her daughter, Julia Rakoczy, were taken into custody Wednesday night at the Grand Floridian Hotel in Orlando, Bucks County District Attorney Michelle Henry said.
Henry told reporters that Sweeten borrowed a co-worker's driver's license and presented it as her own when she bought an airline ticket in Philadelphia and flew to Orlando with her 9-year-old daughter.
They had minimal luggage and the hotel was paid through Friday, Henry said. Sweeten had withdrawn about $12,000 from several bank accounts over recent days, but authorities were investigating whether that money had been stolen.
"We believe that there were some domestic concerns with her husband and some financial concerns as well," Henry said.
In the frantic 911 calls, Sweeten said two men had bumped her 2005 GMC D5 GMC Denali, carjacked her and stuffed her in the trunk of a dark Cadillac. She implied that her daughter was with her in the trunk, according to Philadelphia police Lt. Frank Vanore, who listened to tapes of the calls.
Sweeten, who is white, described her assailants as black but otherwise gave few details about their appearance, Vanore said.
Sweeten has two other daughters, a 15-year-old from a prior marriage and an 8-month-old with her current husband, a landscaper. Julia Rakoczy attended elementary school in Bensalem until she was withdrawn from classes May 1, said Susan Harder, an administrative assistant with the Bensalem Township School District.
Her ex-husband and the 9-year-old girl's father, Tony Rakoczy, described Sweeten on NBC's "Today" show as a good mother. He declined to comment to The Associated Press.
No, a "good mother" she is NOT- thank goodness her daughter is okay and the race card employed wasn't as horrendous as in the past...
High production value video from San Francisco rally at California Supreme Court ruling taken by Mila Pavlin...
High production value video from West Hollywood rally and march, produced by folk at www.inthemo.com:
Low production value video from San Diego interviewing Benny Cartwright, the San Diego Equality Campaign Media Chair, taken by me...
Low production value video from San Diego of the San Diego march, taken by me (that's me talking to Pam in the background)...
On the eve of the 40th Anniversary of Stonewall, come join us in celebrating the achievements of the LGBT equality movement:
I'll Toast to That Thursday, June 25th, 2009 6:00pm Charles Froelick Gallery 817 SW 2nd Avenue $40 beforehand, $50 at the door (tickets available here)
Attire: pizazzulous
A special thank you to our sponsors: Organic Nation Spirits Devil's Food Catering Raptor Ridge
Music by: DJ Scotty D
Ticket price qualifies for the Oregon Political Tax Credit which means you can get every penny of your ticket price back at tax time! Click here for more information on the Oregon Political Tax Credit. Questions? Call 503/222.6151
Subscribe to Reader feed
Subscribe to daily Email
No comments:
Post a Comment