Justice Thomas Writes Opinion For Rolling Back Gay Marriage, Contraceptive Sales, But Did Not Mention Loving v. Virginia

There is plenty of reason to feel ashamed of the Supreme Court today for its purely partisan and doctrinaire ruling which overturned Roe. v. Wade. With no regard for the social realities of the early 21st century, a majority of the males on the court tossed aside precedent and dived into the idealogic depths. They view women as birthing chambers, as the powerfully worded dissent correctly stated, “from the very moment of fertilization, a woman has no rights to speak of.”

While the abortion ruling was one the nation knew was coming for a couple months, the gravity of the ruling and the explosion of emotions and political consequences which will follow surely will be quite unlike anything we have witnessed before in the nation. At a time the political divides are already severe, and the anger among citizens is at an intense level, the court opted for a highly partisan and purely ideological ruling rather than a measured and competent address of the issue at hand.

As if the ruling itself was not jarring and threatening enough to the nation, Justice Clarence Thomas in his cold and calculating conservative concurring opinion called for overturning the constitutional rights the court had affirmed for access to contraceptives and LGBTQ rights. This, too, was not totally a surprise as many, including this blog, have argued since the leak of today’s ruling, that they were the next steps of the conservatives in the judiciary. Some commented on this site that I was basically exaggerating.

But those registering concern about the undermining and stripping away of other rulings were not just blowing smoke.

Reading the separate opinion today by Thomas allowed us to understand his initial view that the decision in Dobbs v. Jackson Women’s Health Organization did not directly affect any rights besides abortion. But then in his customary angry nature that is often seen while sitting petulantly in silence during oral arguments, or his 19th-century views when writing, he argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.

Thomas stunningly wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

Oddly, Thomas left out the famed Loving v. Virginia, the landmark civil rights decision that ruled that laws banning interracial marriage violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. His marriage seemed not to need judicial review.

As we know from years of following the Court and also following legal scholars and noted writers the reckless action today that produced a tingling thrill for conservatives when overturning the landmark decades-old abortion decision, now leaves other precedents vulnerable.

I fully understand that the typical person in Topeka or Green Bay is not pondering the long-term consequences of today’s ruling. But those who follow the cases at the Supreme Court and the politics of moving certain cases forward, and the means by which they make such a journey, do pay attention.

That is why it was sophomoric and utterly ridiculous for anyone to claim two months ago that gay people in our nation had nothing to worry about regarding our marriage rights. What we warned was a possibility was put into writing today by a Supreme Court Justice.

A black man who was able to marry a white woman because of a Supreme court ruling.

Irony is very much alive.

Why Journalism And Anonymous Sources Matter, Supreme Court’s Draft On Roe V. Wade Makes Point

We are told by some partisans that news sources are to be distrusted, reporters are not integral to democracy, and that there are even ‘alternative facts’.

Late Monday evening, all those lines fell faster than Russians on the Ukraine battlefield.

It was reported by Politico the Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito.

The ramifications of this story are enormous. Not only for health care rights for women, but also for privacy being understood, for decades, as an unenumerated right. Privacy has been a foundation for several large court decisions from the right to use contraception, to engage in private consensual sexual activity, and to marry someone of the same sex.

Make no mistake about how the legal weight of this abortion ruling could move the court going forward.

While all these issues and many more will be debated at length starting with Tuesday morning coffee in homes around the nation, I wish to give credit to the journalism profession, and specifically two reporters.

Josh Gerstein and Alexander Ward.

We all should be proud of how they did their job with this story.

It needs to be noted that these journalists not only reported the story but also gave the full rounded coverage by writing that “it’s unclear if there have been subsequent changes to the draft” since February. They were not aiming for going beyond the fact the draft is a product from February.

They also fully grasped the gravity of the story surely being one of the newsroom’s biggest scoops and surely the biggest headline of their lives. They wrote that “No draft decision in the modern history of the court has been disclosed publicly while a case was still pending.”

The news about the court draft was able to be reported by the reporters due to the role of an anonymous source. It is these sources who are vital to a fuller understanding of what our government does and journalists are doing their job by then reporting on the information once it is firmly understood to have validity.

I understand that most people are not sitting around their living rooms contemplating anonymous sources. I can imagine how conservative media will be apoplectic today and feverishly disdainful of this news story, and how it was obtained.

To those who do not understand the role of anonymous sources, I have one name to add to this post.

Mark Felt.

It is absolutely true to say that had Felt not been an anonymous source there very well would not have been a Watergate story as we have come to know. It was “Deep Throat’ who alerted Bob Woodward in those parking garage conversations that presidential abuse was running rampant in the Nixon White House.

The pursuit of news, facts…the truth… is what reporters do. And anonymous sources are very much a way to allow the public to know what their government is doing.

And so it goes.

Ronald Reagan’s Republican Party Is Dead, Florida’s Ron DeSantis Proves it

Republicans in Florida have demonstrated how adrift they are from prudent policies and how overly sensitive they are to the public disagreement of their wayward march to the farther reaches of the right-wing. In a blow to the legitimate rights of a business to conduct itself in a fashion deemed reasonable and wise, the GOP tossed aside their talking points about nurturing free enterprise and opted for the heavy of government.

Playing all-out to the culture warriors the Republican Party forgets it is the economic policies that most attract middle-line voters. For instance, President Reagan mouthed words about abortion, knowing he could use that segment of the party to support his real mission dealing with tax cuts and a dense build-up. Reagan would never have tossed all his chips into the loony bin of the party.

By neglecting the fact our calendars clearly state we live in the 21st century the Florida House voted to revoke Disney World’s designation as a special tax district. (The Senate took similar action the day prior.) A taxing structure–mind you–that has existed for 55 years. The business-friendly move a half-century ago gave license to the company to self-govern its 25,000-acre theme park complex. The reason for the current public tantrum from Republicans was the audacity of Disney to speak its mind as a business against the “Don’t Say Gay” bill/law.

Flordia Governor Ron DeSantis will sign the now-passed measure without any sense of shame. After all, since the national party abandoned free trade, and international alliances, and invited Donald Trump into their ranks what remains of their principle and character? This absurd comedy from DeSantis and his crowd is clearly retaliatory against Disney, the state’s largest private employer, with nearly 80,000 jobs.

I readily admit there is a large swath of the base of the Republican Party that cheers on such nonsense and the demographics prove why that is not a shock. But the rest of us look with genuine bafflement at the continual slide of the GOP with their ever-growing eagerness to mount culture wars, riding them backwards in time, as the nation moves forward.

It would be of interest to hear the inside chatter among Republican big-money donors. Since the principle of the GOP is not aimed to raise taxes on large corporations, and since, Disney ranks as one of the world’s biggest, how does the removal of this preferential tax status equate? For rational minds in the GOP, it does not.

As such, it now can be said that the Republican Party of Ronald Reagan is dead.

While the GOP loves to cozy up with the Second Amendment they usually flail about when dealing with the First Amendment. As with Disney having a right to say whatever they wish.

And able to do so without retaliation from the government.

Another matter which Reagan would agree with, as he would abhor this power play from the government.

But today’s Republican Party is more wedded to beating their drums against gay people and stirring the pot needlessly about critical race theory than contemplating actual policy ideas for a new generation of voters. Young voters are obviously living in a diverse environment and are not interested in the culture wars the GOP uses for the diminishing segment of white male voters.

And so it goes.

Waushara County Gay Youth Have Positive Role Model In Pete Buttigieg, Non-Verbalized Lesson Mighty Important In Coloma

On Tuesday, Transportation Secretary Pete Buttigieg was in Waushara County. There are many reasons to cheer when a cabinet officer visits any small community, but in this case, there is an unstated reason which deserves comment.

As one of the crafters and motivating voices in the passage of the much-needed $1.2 trillion infrastructure law passed last year, Buttigieg is now visiting places across the country helping locals understand the goals to be achieved. Coloma was where ‘Mayor Pete’ spoke about the construction trades that will need more workers as a result of the federal dollars being pumped into local economies.

The visit was aimed to talk about the national investment into our infrastructure on the day that high school students from around Wisconsin were able to get a first-hand look at the operation of heavy machinery, hands-on experience with mini-excavators, and meetings with industry professionals about apprenticeships.

And with the ample projects that are needed to be completed around Wisconsin, it goes without saying that the industry needs workers.

Buttigieg being in heavily Republican and conservative Waushara County allowed for something else to manifest itself, in addition to infrastructure needs. High school students who may come from homes where gay people are belittled or laughed at had an opportunity to see an openly married gay man with children. who ran for president. and now serves as a top federal officeholder.

Without a doubt, and statistically speaking, there were a few gay students in attendance on Tuesday. Having grown up in that county–in fact, about 10 miles from Coloma–I well know the tone and type that reside in this rural part of Wisconsin. That is not snarky wording but just a plain fact.

So I can also clearly state the non-verbalized lessons for gay youth concerning the power and potential for their personal lives were a lesson they were able to see up close. Whatever information they may have gleaned about potential jobs is far less important than the fact that living authentically matters.

All the snide comments and bigotry in these small towns can not stain the truth when Buttigieg walks up, smiles, and shakes your hand. It does not take your average student very long to discern the truth. The folks back home with their bigotry were just wrong.

Gay youth in these small towns must learn they can live their lives and have every single part of the American dream, from spouses to kids, just like their fellow classmates. Just like Pete Buttigieg.

When I grew up it would have been helpful to have had openly gay role models. Rural Wisconsin had such a man among them today. Thanks, Pete Buttigieg for just being you.

And so it goes.

Now It Is OREO Cookies…..Why Do Some Conservatives Thrive On Bigotry, Buffoonery?

There seems to be no end to the protracted culture wars that some people are just determined to start and continue. Who cares if people are hurt along the way, there are political points to be scored.

One of the first items on my email list this morning was a news story about blowback over cookies! It started with a major company reaching out through a truly impressively made video to showcase a resolve to stand with gay men and women.

The two-minute short film (at bottom of this post) about the, at times, difficulty of coming out, was produced in tandem by Oreo and PFLAG. As we are too aware, such positive moves that align with dignity and understanding for gay people, often run smack dab into some conservatives who wish to head back to whatever time their red hats are calculated for.

This morning I read that some of the mouthpieces for the far-right are all set and ready to boycott “gay cookies”. I suspect, however, those same conservative shouters are morally fine with Herschel Walker’s primary senate campaign in Georgia, even though the troubled football player was accused by his ex-wife of making multiple threats against her life. In 2005 she secured an order of protection against him. His now ex-wife stated Walker pointed a pistol at her head and said, ‘I’m going to blow your (I do not allow this world on my blog) brains out.’ 

But Walker is straight, and never finished college…so he fits in perfectly for the likes of Ben Shapiro. The ones to fear are not the abusers of women, but the cookies!

The Note,” is filmmaking with wonderful lighting, a few well-placed words, music that drives the mood, and compassion for a young Chinese-American man practicing a coming-out speech before a few close family members. Before the young man shares his truth with his grandmother, his mom slips him a note. “She might be my mother,” it reads, “but you are my son.”

The video ends with a message for viewers to pay it forward. “Coming out doesn’t happen just once,” it says. “Be a lifelong ally.”

What possibly could be the reason for the vitriol from the right about this video, and now the start of what will be a phenomenal failure at boycotting OREO cookies?

Why are bigotry and buffoonery the only way to connect with the conservative base? When we answer that question we may know far more as to why our politics are so dysfunctional.

And so it goes.

‘Don’t Say Gay’ Law: Laura Ingraham Sounds Like Frank Shakespeare From 1968 Nixon Campaign

It continually amuses me, on the one hand, how Republicans champion free enterprise, applauds the entrepreneurial spirit, and advocate for fewer regulations on capitalism, but then on the other hand bore down like bullies when a company exerts its opinions.

The latest example of this odd duality can be seen and heard on FOX News regarding Disney and the culture war designed by Florida Governor Ron DeSantis to propel his name among the base of the Republican Party.

The issue, is, of course, the Parental Rights in Education law, dubbed the “Don’t Say Gay” law. Taking effect July 1, the law prohibits all classroom discussion of sexual orientation in grades K-3 and enables parents to sue teachers over the issue.

Talk about a slap to the gay and transgender population in Flordia in the 21st century.

In response, Robert Iger, the former CEO of Disney, spoke out on the issue and made it most clear that this is simply about “right and wrong.” Earlier he had not minced words when writing that this law would “put vulnerable, young LGBTQ people in jeopardy.”

Fox News, it will not surprise anyone, has claimed Disney is ‘grooming’ and ‘sexualizing children’ in order to push a ‘progressive LGBT agenda.’

Recall many years ago the joke that one received a toaster oven for each new gay recruit! I believe that humor started on the Ellen television show. As such, I can see the semi loads of those kitchen gadgets arriving in the theme park as I write.

The fuming from conservatives, however, reached the lowest depths on that network when there came a warning from Laura Ingraham, the easily irritated scold.

“When Republicans get back into power, Apple and Disney have to understand one thing: Everything will be on the table, your copyright/trademark protection, your special status in certain states, and even your corporate structure itself.”

Well, that sure is a grand definition of the Republican Party heading into the mid-terms. A band of vendetta-crazed legislators who really are not interested in the freedom for businesses to conduct their own affairs, or lower regulations upon them.

‘Do my bidding or else’!

This leads me to the dark example from the 1968 presidential election when Frank Shakespeare, a prime mover and shaper of the image of Richard Nixon, who after 18 years at CBS, had most troubling thoughts, too. From The $elling Of The President by Joe McGinniss, page 60.

McGinniss at the time was a 26-year-old former Philadelphia Inquirer reporter who functioned as part of the Nixon campaign team. What he witnessed in that campaign and the strategy for winning national support was illuminating at the time his book was published.

How Nixon was so able to attract people into his orbit with open desires for abusing power is a topic for another post.

For now, the continuing attempt by the right to make gay people dangerous or somehow apart from morality is stunning, given the number of gay people in conservative families. In 2021 it would be laughable, if it were not so appalling, to know that Desantis and Fox think that children are somehow ‘groomed’ into sexual identity. That is patently absurd.

I know it takes time for everyone in society to operate from the same page. From women wearing pants, no restrictions on where to sit on a bus, or what gender one can marry, one thing is abundantly clear.

Arcing towards greater tolerance is the correct path to be taking.

Disney is correct on that score.

And so it goes.

Haneen Zreika, Muslim Soccer Player, Failed Modernity Test

It is not difficult to be critical of those who break barriers, due to being aided by the larger society, to only then turn around and deny rights and justice to another group.

For instance, I have taken to task some Black and Latino churches in our nation who have not embraced the gay civil rights measures that we either enacted or others yet needed to be attained. After having received support over the decades from diverse multitudes for civil rights it would only make sense that those who knew discrimination would fight for those facing it. The lack of full-throated support for gay marriage from these churches when every voice counted still rankles at this blogger’s desk.

Now consider the current news story concerning Haneen Zreika. While listening to the BBC this sports story caught my attention.

She is the first Muslim to play in the Australian Football League Women’s Competition. It is to be applauded and she deserves credit for following a dream and using her skills for a team effort. There was strong support and encouragement for her to take the field and be proud of her accomplishment.

But when it came to playing a Gay Pride match and wearing a rainbow-themed jumper she took a path that does not place her in a good light. Because she claimed the wearing of the jumper did not align with her religious beliefs, Zreika chose to sit out of the game.

This is the first year that her team had a specially designed jumper for the Pride game which supports inclusion and diversity in sports–which is still regrettably–a persisting problem. While Zreika played in the Pride game last year she refused to wear the jumper this week.

Some may see all this as small potatoes–as it might have been termed back home as a child. Some will argue that true diversity exists when even stances, such as that taken by Zreika, are accepted. I do not align with such views. Making accommodations for only a certain level of bigotry is not progress or something we can find agreeable.

This story also relates to a larger theme made on this blog when it comes to the Muslim faith. There is a tremendous need for modernity by its followers, and until it is allowed oxygen current stress points remain. A tortured education system that spawns new converts to the harshest interpretation of the Koran, religious views that stunt and deprive upward mobility, and a culture that is male-dominated all require talented voices to make a difference.

Haneen Zreika could have been such a voice. One step at a time is not a trite phrase. History continually demonstrates the power of one voice added to another and then another…

Therefore, it was not a pretty picture to see Zreika sitting on the sidelines for the Pride match. It was hurtful to some of her teammates and coaching staff, and instead of serving as a role model to her larger community, it underscored what is so lacking in the Muslim world.

And so it goes.

Republicans Now See Porn In School Books, Too Much Concern About Racism

I will be the first to readily admit a lack of awareness when it comes to abstract art. I may like the colors used or the flow of the brush or the way drops of paint are splattered on a canvas. But when asked about what I ‘see’ my answer would have to be more about the wall it is hanging on than the work itself.

‘Some things are not visual. They only exist when the mind wishes to see them.

This brings me to Texas State Representative Matt Krause, a conservative Republican who is openly waging war on books. He ‘sees’ all sorts of ‘troubling things’ within their pages.

His list of offensive books (for now) only numbers 850. He insists that state schools should go through their stacks and determine if any on his list are found. The reason for such a book-hunting is obvious he claims as the books “might make students feel discomfort, guilt, anguish, or any other form of psychological distress because of their race or sex.”

As I scanned his list for censorship I found the masterful read, John Irving’s The Cider House Rules. I can not fathom why that piece of literature should not be used to teach good writing to larger examinations of social issues. Students today are not coming in off the prairie. Rather they are tuned into social media and more aware than adults about an array of topics needing a discussion. Using the classroom to take what they know and then put it into differing perspectives is a most useful educational tool.

Books are an essential means to accomplish that task.

Matt Krause

Krause’s absurdity is but one of the latest and truly reprehensible actions taken as conservative Republicans marshal their forces to create a false narrative about schoolbooks and classroom texts. When a political party can not win on the actual issues, or create policy ideas that mesh with what is actually occurring in the nation then a fabricated and misleading concoction needs to be fomented.

When it comes to Krause and this specific action it becomes even more cynical. He will be in a primary fight to become the next Attorney General. What better way to play to the Trump base, who never saw a book worth reading, and at the same time make some headlines and cash in for a higher name ID in the state? After all, censorship and other illiberal actions are not outside the bounds of the conservative base.

The larger battle underway in the nation is for the midterm elections and the race for the White House in 2024. The culture war started this time from the books and educational material used, or purported to be used, to educate students about America’s history of institutional racism. Now they have swung into books by people of color and others who are gay or transgender.

The teaching of such material, if you listen to the far-right will make Little Johnny and Sally feel uncomfortable about being white children. They might have a fuller appreciation for the totality of the American experience, and that will not play well in rural America.

The students might view personal diversity as a positive aspect of our culture, and better understand the larger idea of America as a “melting pot”. (‘We must not have that in Texas or anywhere!’)

Lord!

Banish the thought that education is designed to open new horizons, ways of thinking, and yes, at times, make for personal discomfort. All that is called part of the educational process.

This fall we were treated to this narrative as it played out in the Virginia governor’s race. Fairfax County resident Laura Murphy took off after Toni Morrison’s treasure of a read Beloved saying that, in part, graphic depictions of sex in the book caused her son–then a senior in high school—troubling dreams.

Say it is not so! A teenager having sex dreams.

For the sake of the conservative base, I trust the dreams were not biracial.

Meanwhile, one does have to wonder what Matt Krause might see in abstract works of art.

And so it goes.