Tuesday Reads: Are Women People?

women people2

Good Morning!!

Question for today: Are women human? Are we people in the eyes of our government? We’ve been told that corporations are people. We know that white men are people–that was established by the U.S. Constitution when it was ratified in 1789.  Since that time, there have been amendments that granted some rights to non-white men and to women. We can vote now. Does that mean our government recognizes our humanity?

Today our ultra-conservative, mostly Catholic Supreme Court will hear two cases that bring this question to the forefront, and the Court’s decisions may give us some answers to the question of whether American women are officially people with individual rights.

From MSNBC: Supreme Court to hear birth control case

Depending on whom you ask, Tuesday morning’s oral argument at the Supreme Court is about whether Obamacare can keep treading on religious liberty – or it’s about a woman’s right to access contraception on her employee insurance plan, no matter what her employer thinks of it. Either way, it is the first time the Affordable Care Act will be at the nation’s highest Court since it was first largely upheld as constitutional. The same two men as in that case, current Solicitor General Don Verrilli and former Bush administration solicitor general Paul Clement, are facing off to argue over a narrower provision.

Before the Supreme Court decides whether the contraceptive coverage required of insurance plans under the Affordable Care Act violates a 1993 law governing religious liberty, it has to settle the threshold question: Does a corporation even have religious liberty?

women human

I think the question about the rights of women is far broader than that. Without access to birth control and abortion, a woman has no real autonomy as a human being. If she becomes pregnant–even through rape–she loses the ability to make choices about her future life. It has been a relatively short period of time since women have had the power to make those choices. But that power has led to other advances for women–such as the right to prosecute a rapist or an abusive boyfriend or husband, the right to have credit in her own name, the right to an education, and entry into careers from which women were previously blocked. We can only hope that the justices see clearly what their decisions will mean for women’s lives and women’s personhood.

Back to the MSNBC article:

Hobby Lobby Stores, an Oklahoma-based, evangelical-owned craft chain with about 13,000 employees, and Conestoga Wood Specialties, a small Mennonite-owned cabinet maker in Pennsylvania, sued the administration and got two very different answers from the lower courts. The Tenth Circuit Court of Appeals declared of Hobby Lobby that “such corporations can be ‘persons’ exercising religion.” In ruling on Conestoga’s bid for exemption from the requirement, the Third Circuit disagreed: “For-profit secular corporations cannot exercise in religious exercise.”

The companies are among the 47 for-profit corporations that have objected to their company plans complying with the minimum coverage requirements under the Affordable Care Act. Under those regulations, contraception is covered fully, without a co-pay, as preventive care. Hobby Lobby and Conestoga Wood object to a handful of contraceptives that they speculate can block a fertilized egg, which is neither documented in the science nor the medical definition of abortion. Other for-profit plaintiffs object to any birth control coverage at all….

The Obama administration says that the government has a compelling interest in women’s health and in gender equality. The Department of Health and Human Services agreed to classify contraceptives as preventive care after considering testimony from medical experts, who cited the country’s high rate of unintended pregnancy and the persistence cost barriers to accessing effective birth control.

Some legal experts argue that to rule for Hobby Lobby would be imposing religion on others, by forcing the women who work for such companies to pay the cost of their employers’ religion. Frederick Gedicks, a law professor at Brigham Young, has even argued in a brief before the Court that doing so would violate the establishment clause of the First Amendment.

What will SCOTUS decide?

women people4

At NPR, Nina Totenberg offers some scary quotes from Steve Green, the president of Hobby Lobby:

“We believe that the principles that are taught scripturally is what we should operate our lives by … and so we cannot be a part of taking life,” explains Hobby Lobby President Steve Green.

“It’s our rights that are being infringed upon to require us to do something against our conscience,” adds CEO and founder David Green.

Using birth control is “taking a life?” Apparently one of the arguments Hobby Lobby is using that–contrary to scientific facts–some forms of birth control are equal to abortion. So is every sperm is sacred too? Should men be prosecuted for masturbating? But those questions are not likely to be asked, because it is already legally established that men are people.

 

At the WaPo, Sandra Fluke writes: At the Supreme Court, a potential catastrophe for women’s rights.

Unlike my congressional testimony in 2012, which was about Georgetown University — a Catholic-affiliated university — refusing to include contraception in student insurance because it was a religiously affiliated school, the institutions arguing before the Supreme Court are not houses of worship or religious non-profits. The Affordable Care Act already includes special arrangements for those types of organizations. These are private, for-profit corporations — a craft store and a cabinet manufacturer — that want to be excluded from health insurance and employment laws because of bosses’ personal views.

Laws that include religious protection have never given corporations the right to have religious views, and it would be a terrible idea to make such an enormous change to our legal precedent now. Our laws protect individuals’ private religious beliefs, but when you cross over into the public sphere to become a corporation and make a profit off of the public, you must abide by the public’s laws.

Depending on the court’s rulings, the cases’ outcomes could deny millions of women coverage of any or all forms of birth control, limiting women’s ability to control their reproductive health, plan their pregnancies and manage their lives. As I testified, women also need birth control for many other medical reasons, including relief of painful health problems like endometriosis.

women people3

And, Fluke argues, recognizing a right for corporations to hold religious views will open the door to

Allowing any private employer to dictate which laws fit inside its religious beliefs could upset the necessary balance of both religious liberty and employee health and safety laws. Depending on the exact ruling, any for-profit corporation could cut off its employees’ insurance coverage for blood transfusions, vaccinations or HIV treatment — all of which some Americans have religious objections to. Any critical health coverage the boss doesn’t agree with could be eliminated.

Furthermore, SCOTUS could not limit these proposed “religious freedoms” to Christians.

Although this country predominantly descends from a Judeo-Christian tradition, our valuable religious protection laws ensure that anyone is free to practice any religion they want, including religions whose belief systems and practices many of us would disagree with vehemently. In fact, far-ranging beliefs that are not associated with any organized religion could be used to justify a corporation’s practices as well.

Sahil Kapur of TPM points out that Justice Scalia, who might be expected to vote in favor of a corporate “right to religious freedom,” will have to deal with one of his previous rulings: Justice Scalia’s Past Comes Back To Haunt Him On Birth Control.

In 1990, Scalia wrote the majority opinion in Employment Division v. Smith, concluding that the First Amendment “does not require” the government to grant “religious exemptions” from generally applicable laws or civic obligations. The case was brought by two men in Oregon who sued the state for denying them unemployment benefits after they were fired from their jobs for ingesting peyote, which they said they did because of their Native American religious beliefs.

“[T]he right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability,” Scalia wrote in the 6-3 majority decision, going on to aggressively argue that such exemptions could be a slippery slope to lawlessness and that “[a]ny society adopting such a system would be courting anarchy.”

“The rule respondents favor would open the prospect of constitutionally required religious exemptions from civic obligations of almost every conceivable kind,” he wrote, “ranging from compulsory military service, to the payment of taxes, to health and safety regulation such as manslaughter and child neglect laws, compulsory vaccination laws, drug laws, and traffic laws; to social welfare legislation such as minimum wage laws, child labor laws, animal cruelty laws, environmental protection laws, and laws providing for equality of opportunity for the races.”

That opinion could haunt the jurist if he seeks to invalidate the birth control rule.

“Scalia will have to reckon with his own concern in Smith about the lawlessness and chaos created by liberal exemptions to generally applicable law,” said Adam Winkler, a constitutional law professor at UCLA. “For him to uphold an exemption now is to invite more of the lawlessness that he warned about.”

women human5

At Think Progress, Ian Millhiser addresses the right wing organizations that have waged a concerted war against women’s rights during the past several years: Read This One Document To Understand What The Christian Right Hopes To Gain From Hobby Lobby.

2009 was a grim year for social conservatives. Barack Obama was an ambitious and popular new president. Republicans, and their conservative philosophy, were largely discredited in the public eye by a failed war and a massive recession. And the GOP’s effort to reshape its message was still in its awkward adolescence. If the conservative movement had a mascot, it would have been a white man dressed as Paul Revere and waving a misspelled sign.

Amidst this wreckage, more than two hundred of the nation’s leading Christian conservatives joined together in a statement expressing their dismay at the state of the nation. “Many in the present administration want to make abortions legal at any stage of fetal development,” their statement claimed, while “[m]ajorities in both houses of Congress hold pro-abortion views.” Meanwhile, they feared that the liberals who now controlled the country “are very often in the vanguard of those who would trample upon the freedom of others to express their religious and moral commitments to the sanctity of life and to the dignity of marriage as the conjugal union of husband and wife.”

The signatories to this statement, which they named the “Manhattan Declaration,” included many of America’s most prominent Catholic bishops and clergy of similar prominence in other Christian sects. It included leaders oftop anti-gay organizations like the National Organization for Marriage, and of more broadly focused conservative advocacy shops such as the Family Research Council. It included university presidents and deans from Christian conservative colleges. And it included the top editors from many of the Christian right’s leading publications.

Perhaps most significantly, however, the document’s signatories includes Alan Sears, the head of one of the two conservative legal groups litigating what are likely to be the two most important cases decided by the Supreme Court this term. Indeed, the Manhattan Declaration offers a virtual roadmap to understanding what religious conservatives hope to gain from Sebelius v. Hobby Lobby and Conestoga Wood v. Sebelius, two cases the justices will hear Tuesday which present the question whether a business owner’s religious objections to birth control trump their legal obligation to include it in their employee’s health plan.

Read the gory details at the link.

hillary_clinton_human_6423

Finally, I ask that everyone read this year-old article at Time Magazine by Jessica Winter, Subject for Debate: Are Women People? It is both darkly humorous and deadly serious.

All my adult life, I’ve been pretty sure I’m a sentient, even semi-competent human being. I have a job and an apartment; I know how to read and vote; I make regular, mostly autonomous decisions about what to eat for lunch and which cat videos I will watch whilst eating my lunch. But in the past couple of months, certain powerful figures in media and politics have cracked open that certitude.

You see, like most women, I was born with the chromosome abnormality known as “XX,” a deviation of the normative “XY” pattern. Symptoms of XX, which affects slightly more than half of the American population, include breasts, ovaries, a uterus, a menstrual cycle, and the potential to bear and nurse children. Now, many would argue even today that the lack of a Y chromosome should not affect my ability to make informed choices about what health care options and lunchtime cat videos are right for me. But others have posited, with increasing volume and intensity, that XX is a disability, even a roadblock on the evolutionary highway. This debate has reached critical mass, and leaves me uncertain of my legal and moral status. Am I a person? An object? A ward of the state? A “prostitute”? (And if I’m the last of these, where do I drop off my W-2?)

Please go read the whole thing. It’s not long.

So . . . those are my recommended reads for today.  What stories are you following? Please post your links on any topic in the comment thread.

 


Friday Reads: The Hell-to-all-ya Chorus

The most ridiculous meme to come out of the right wing recently is that the Constitution supports the right to ruin other people’s lives il_340x270.413634500_nzn2because of one’s narrow grasp on reality coming from one fairly narrow view of one very specific religion. Those of us that don’t want to adhere to their delusions are persecuting them!  No matter how many times these people couch their bigotry, suspension of belief in science, and greed agenda in their religious beliefs, most of us know that it’s simply an agenda of narrow minded hatred that demands conformity from all. The sad thing is that one political party in a two party state has been completely railroaded by these religious extremists who confuse the establishment clause of our Constitution with their right to ramrod everything they label the correct”religion” down every one else’s throat.

One of the worst examples of blatant pandering to this crowd comes from this speech by Louisiana Governor Bobby Jindal who professes to be a Catholic, has  a degree in biology from a good school, and seems to wander one day from the message of not being the stupid party to being its main spokesperson.   Why does Politico give this loser–who has no chance at ever being President and will never hold another elected office in Louisiana because we all royally disapprove of him–a voice? Which Billionaire Asshat has paid for the virtual column space?   Bobby Jindal is obviously going for the Bachmann contingent in Iowa’s weird republican caucuses.  He’s picked up Sarah Palin’s War on Christmas book and read straight from it.

In a Thursday night speech at Ronald Reagan’s presidential library, Louisiana Gov. Bobby Jindal will warn of a “silent war” on religious liberty in America and urge states to pass laws designed to block overreach by the Obama administration.

The 4,500-word address, shared first with POLITICO, touches on several hot-button issues, including same-sex marriage and contraception. Jindal, a potential 2016 GOP presidential candidate trying to woo social conservatives, argues that liberals will use the mantra of anti-discrimination to force people to violate their religious beliefs.

“The American people, whether they know it or not, are mired in a silent war,” Jindal will say at the Simi Valley, Calif., event. “It threatens the fabric of our communities, the health of our public square and the endurance of our constitutional governance.”

“This war is waged in our courts and in the halls of political power,” he adds, according to the prepared remarks. “It is pursued with grim and relentless determination by a group of like-minded elites, determined to transform the country from a land sustained by faith into a land where faith is silenced, privatized and circumscribed.”

The 42-year-old governor calls the upcoming Supreme Court decision on whether government can force Hobby Lobby craft stores to cover contraception through their health insurance plans just one of the battles being fought over religious liberty.

Citing a piece of failed legislation in Illinois, Jindal suggests that liberals will eventually try to pass laws designed to pressure churches to perform same-sex marriage ceremonies against their will. He also will blast the New Mexico Supreme Court for ruling last August that a wedding photography business violated the state’s Human Rights Act by refusing to photograph a same-sex commitment ceremony.

“This is the next stage of the assault, and it is only beginning,” Jindal plans to say. “Today, an overwhelming majority of those who belong to a religious denomination in America — that’s more than half the country — are members of organizations that affirm the traditional definition of marriage. All of those denominations will be targeted in large and small degrees in the coming years.”

il_340x270.552311660_te7oThis is pure nonsense and is obviously Jindal’s bid to get attention in the Iowa Caucuses.  No one is doing anything to any one inside their churches. This so reminds me of watching the screaming mimis in front of schools being forced to segregate.  None of us should have to endure their craziness in public spaces.  PERIOD.  No one should be treated like a second class citizen because some one selectively pulls a few lines out of a seriously edited, reedited, and badly translated bit of iron age fiction then screams it’s my right to do whatever I want to because BIBLE!  That’s just so astoundingly unAmerican it’s not even funny. In that case, I’ll just suggest we all stand out there with stones in our hands and assert our right to stone them for wearing the wrong hair style, eating shellfish and pigs, and sporting polyblend clothing.  It’s our gawdamned religious rights!!!

Unfortunately, Jindal’s delusions are the new crazy republican legislative push.  Kansas continues to be at the epicenter of insanity and hatred. Opposing  marriage equality by way of screaming religious freedom is the new refuge of the  narrow minded.  It was the same refuge used to justify slavery and stop interracial mixing and marrying back in the day.  It’s also being used on women who overwhelmingly use birth control. A few folks think all women should live within the bounds of  their weird ethos. This group that seems to have no idea that forcing you religious beliefs on birth control or abortion on your employees or your neighbors is the religious bigotry. These religious views should not get to trump every one else’s ethos.

Virtually all secularists and even the vast majority of American Catholics see no problem with the use of artificial birth control, so the issue doesn’t generate much sympathy in the public at large. Then there’s the fact that the Obama administration created a contraception exemption for churches and at least some other religiously based organizations. Isn’t that good enough?

Apparently it isn’t for the numerous groups that have filed suit in the matter. And sorry, but their concerns can’t just be waved away by linking to a column by Linda Greenhouse that expresses contemptuous condescension for the plaintiffs in one of the cases (an order of nuns called the Little Sisters of the Poor). The Supreme Court has agreed to hear the case, but Greenhouse thinks the suit is ridiculous; therefore, the justices have been brainwashed by a seductive “story.” That’s really all there is to her argument.

As Lyle Denniston explains in a helpful post at SCOTUSblog, the issues raised by the case — and by the other mandate-related cases before the court this term — are real, though they will inevitably appear to be trivial to those who regularly view religious truth claims as trivial.

As for gay marriage and anti-discrimination, Chotiner appears not to recognize that his own flippant views — which are very widely held among secular liberals — pose a very real threat to the religious freedom of millions of his fellow citizens. As countless liberals have done before him, Chotiner breezily equates those believers who once appealed to Scripture in defense of racism and those who currently reject gay marriage. The first position has been socially, morally, and legally marginalized with no negative consequences for faith, Chotiner asserts, and the same will soon be true about the second. So what’s the big deal?

The big deal is that strictures against homosexuality are rooted far more deeply in the Judeo-Christian tradition than racism ever was. Yes, slavery is found throughout the Scriptures and comes in for criticism only, at best, by implication. But race-based slavery — and the racism that made it possible and continues to infect ideas and institutions throughout the West to this day — receives no explicit endorsement from the Bible.

Which isn’t to say that those seeking to justify race-based slavery or racism couldn’t, and didn’t, twist biblical passages to make them provide such justification. But the Hebrew Bible and New Testament clearly do not teach (either explicitly or implicitly) that buying, owning, and selling African slaves is next to godliness.

Yes, folks, separate and unequal may become the law in Kansas if the religious kooks get their way.9781416556848_p0_v1_s260x420

Denying services to same-sex couples may soon become legal in Kansas.

House Bill 2453 explicitly protects religious individuals, groups and businesses that refuse services to same-sex couples, particularly those looking to tie the knot.
It passed the state’s Republican-dominated House on Wednesdaywith a vote of 72-49, and has gone to the Senate for a vote.

Such a law may seem unnecessary in a state where same-sex marriage is banned, but some Kansas lawmakers think different.

They want to prevent religious individuals and organizations from getting sued, or otherwise punished, for not providing goods or services to gay couples — or for not recognizing their marriages or committed relationship as valid.

This includes employees of the state.

The law claims to protect the rights of religious people, but gender rights advocates such as Equality Kansas are dismayed.

“Kansans across the state are rightly appalled that legislators are spending their efforts to pass yet another piece of legislation that seeks to enshrine discrimination against gay and lesbian people into law,” state chairwoman Sandra Meade said.

“HB 2453 is a blatant attempt to maintain second-class citizen status for taxpaying gay and lesbian Kansans.”

Despite the blowback, its chances of passing seem pretty good.

Republicans dominate the state’s Senate and Gov. Sam Brownback is a conservative Christian known for taking a public stand against same-sex marriage.

Brownback has already praised the bill in an interview with a local newspaper.

“Americans have constitutional rights, among them the right to exercise their religious beliefs and the right for every human life to be treated with respect and dignity,” he told The Topeka Capital-Journal.

Yes.  If you offend some one’s religious “sensibilities” in Kansas, it is perfectly alright for them to persecute you, deny you service, and basically turn you into third class citizen.  How can any of this be remotely legal let alone put into law? How can your employers religion or the religion of the Subway franchise owner on the corner trump your right to avoid their prescriptions and proscriptions?

Let’s start, though, with the argument most people have focused on during the run-up to the contraceptive-mandate cases—that being for-profit corporations, the challengers cannot assert a “free exercise” claim at all. It’s a strong argument, but one that takes more subtlety to assert than most published comments seem to display.

That’s because it is routine to say that free exercise is an individual right, and that “corporations are not people.” But in this context, the argument is flawed at the outset. Free exercise is actually primarily a group right, extended to religious bodies, in corporate form or other wise. The term “free exercise” in fact originally referred to a right held only by groups. It dates back at least to the 17th Century, and is defined by the Oxford English Dictionary as “the right or permission to celebrate the observances (of a religion)”—that is, a privilege granted by monarchs to specific faiths to hold their services in public.

Religion, Emile Durkheim wrote, is primarily a set of “beliefs and practices which unite into one single moral community called a Church, all those who adhere to them.” Most religious “exercise” can’t be done alone. One of the earliest—and most embarrassing—cases brought under the Free Exercise Clause was entitled Late Corporation of the Presiding Bishop v. United Stateswhich upheld an Act of Congress dissolving the Mormon Church and seizing all its property ($3,000,000 in 1887 dollars). The Mormons argued that punishing their church for polygamous beliefs violated the First Amendment, but the Court ridiculed the idea. “No doubt the Thugs of India imagined that their belief in the right of assassination was a religious belief,” the justices briskly reasoned, “but their thinking so did not make it so.”

Can anyone imagine this case coming out the same way in 2014, on the grounds that a corporation has no religious rights? Or that the Jehovah’s Witnesses’ parent company, The Watchtower Bible & Tract Society of Pennsylvania, Inc., has no rights except the individual rights of its members?

The important distinction here, of course, is that Hobby Lobby and the other challengers are for-profit corporations. The Mormon Church, like a lot of religious bodies, is a religious corporation. And despite the disinformation floating around about the Little Sisters of the Poor case, religious corporations have a very firm exemption to the contraceptive mandate. Would the Court want to rewrite the statute—and possibly make corporate law into a teeming mess of exemptions and inquisitions?

There’s a way out, of course; and that is to rely on precedents like Lee and say that the “for profit issue” doesn’t need to be decided, because in any case the government’s interest in uniform application of the mandate trumps whatever burden it may place on any secular employer, corporation or not. If Congress disagrees, it knows how to write a limited exemption to the mandate, the way it did for Edwin Lee. That would be the best all around; the Tenth Circuit opinion upholding Hobby Lobby’s claims is such a wretched piece of work that a sane justice might not want to touch it, much less affirm it.

images (12)Let’s put all this enforced public piousness in light of a changing USA and a changed Europe.  What seems to drive these pious folks is fear and insecurity.

 Just last year, the Princeton economist Angus Deaton, in his book “The Great Escape,” demonstrated that the enlargement of well-being in at least the northern half of the planet during the past couple of centuries is discontinuous with all previous times. The daily miseries of the Age of Faith scarcely exist in our Western Age of Fatuity. The horrors of normal life in times past, enumerated, are now almost inconceivable: women died in agony in childbirth, and their babies died, too; operations were performed without anesthesia. (The novelist Fanny Burney, recounting her surgery for a breast tumor: “I began a scream that lasted unremittingly during the whole time of the incision. . . . I felt the knife rackling against the breast bone, scraping it while I remained in torture.”) If God became the opiate of the many, it was because so many were in need of a drug.

As incomes go up, steeples come down. Matisse’s “Red Studio” may represent the room the artist retreats to after the churches close—but it is also a pleasant place to pass the time, with an Oriental carpet and central heating and space to work. Happiness arrives and God gets gone. “Happiness!” the Super-Naturalist cries. “Surely not just the animal happiness of more stuff!” But by happiness we need mean only less of pain. You don’t really have to pursue happiness; it is a subtractive quality. Anyone who has had a bad headache or a kidney stone or a toothache, and then hasn’t had it, knows what happiness is. The world had a toothache and a headache and a kidney stone for millennia. Not having them any longer is a very nice feeling. On much of the planet, we need no longer hold an invisible hand or bite an invisible bullet to get by.

Yet the wondering never quite comes to an end. Relatively peaceful and prosperous societies, we can establish, tend to have a declining belief in a deity. But did we first give up on God and so become calm and rich? Or did we become calm and rich, and so give up on God?

Here’s yet another attempt at trying to free up religious practice while making certain only the right religion gets it’s due. This is a law thumboffered up in Georgia.

A prime example is the proposed Senate Bill 283, sponsored by state Sen. Mike Dugan, R-Carrollton.

The bill, if passed, would allow local school systems that chose to do so to “educate students about the history of traditional winter celebrations and allow students and school system staff to offer traditional greetings regarding the celebrations, including … ‘Merry Christmas’; … ‘Happy Hanukkah’; and … ‘Happy holidays.’”

Senate Bill 283 also would allow “scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image, such as a nativity scene or Christmas tree” to be displayed on school property, as long as the display “includes a scene or symbol of … more than one religion; or … one religion and at least one secular scene or symbol.”

Such displays could be put in place under the condition that they “shall not include a message that encourages adherence to a particular religious belief.”

Of course, Dugan’s bill owes as much to political considerations as to any particular concern that he or other lawmakers might have with regard to any inadequacy in public-school instruction on “winter celebrations.” It’s clear that the sole purpose of the bill is to allow Republican lawmakers, who comprise a majority of General Assembly members, to go back home claiming to have struck a blow against the alleged “war on Christmas” as part of their re-election bids.

If you’ll pardon the expression, though, the devil is in the details here. Let’s suppose the bill does become law. A couple of issues, which might be attractive to any litigiously minded heathen like the ACLU, or any number of godless liberals who might imprudently insist on an exact interpretation of a state law, immediately present themselves.

First, of course, is the broad phrase ‘traditional winter celebrations.’ In ancient times, it was traditional to celebrate the winter solstice, sometimes in debauched fashion. If, as the argument might go, students are to be educated about Christmas, should they not also be taught about other, arguably more problematic, winter observances?

There’s also the language in the bill prohibiting holiday displays from including “a message that encourages adherence to a particular religious belief.” Clearly, the intent here is to ensure that overtly religious phrases — “Jesus is the Reason for the Season” immediately springs to mind — don’t intrude into the public arena.

It would, however, certainly be possible to argue that even the presence of a holiday symbol — say, a Nativity scene — in a school display is “a message that encourages adherence to a particular religion.”

This kind’ve crap is even filtering down to the city level where Baton Rouge City Council refuses to symbolically support removing a blatantly unConstitutional sodomy law off  its books.  What is worse, is that police are still using the damn thing.

On Wednesday, the Metro Council voted on what was intended to be a symbolic gesture of support for a legislative proposal by state Rep. Patricia Smith, D-Baton Rouge, to remove the anti-sodomy laws from the books.

Such laws were declared unconstitutional by the U.S. Supreme Court in 2003, but the East Baton Rouge Parish Sheriff’s Office cited the state’s law in recent years when it arrested more than a dozen gay men in sting operations for consenting to sex. The District Attorney’s Office refused to prosecute the cases.

Ahead of the vote, groups such as the Louisiana Family Forum and the Baptist Association of Southern Baton Rouge expressed their strong opposition to the measure.

The Family Forum emailed residents urging them to voice their disapproval to the council, which prompted a flood of emails against the resolution.

However, some prominent local groups expressed disappointment Thursday with the Metro Council’s action, saying the council was continuing to project an image that Baton Rouge is intolerant toward gays and lesbians.

The Metro Council is “out of sync with the rest of the community,” according to John Davies, president of the Baton Rouge Area Foundation, adding recent surveys show local and statewide residents are generally supportive of gay and lesbian rights.

There’s always been backlashes to progress and modernity.  History is full of such examples and many of them are wrapped up in religious mantels.  What is so amazing to me is how extremist pols seem to have crept into the halls of power in such unimaginable ways with such horrible legislation.  The Republican Party seems to have sold its soul to extremists.  Little wonder that so few people these days actually self-identify as Republican. 

Forty-two percent of Americans, on average, identified as political independents in 2013, the highest Gallup has measured since it began conducting interviews by telephone 25 years ago. Meanwhile, Republican identification fell to 25%, the lowest over that time span. At 31%, Democratic identification is unchanged from the last four years but down from 36% in 2008.

Let’s just hope that more and more people know what this minority party has in store for us all.

What’s on your reading and blogging list today?


Tuesday Reads: Snowstorm, On-line Harassment, Profiling Snowden, and Other News

Alfred Eisenstaedt

Alfred Eisenstaedt

Good Morning!!

Looks like another big snowstorm is headed my way this afternoon. Blizzard warning south of Boston, winter storm warning for most areas.

Overnight the watches were converted to warnings meaning the likelihood of blizzard conditions and snow exceeding 6 inches has increased. The morning commute will be dry and you will see some dim sunshine. The snow begins this afternoon along the coast and the evening commute will be impacted. The storm is most intense overnight and ends during the morning from west to east on Wednesday….There is a blizzard warning up for Cape Cod, coastal Massachusetts south of Boston, Martha’s Vineyard and Nantucket.

At least I’m not in the blizzard zone for the moment. This appears to be a really big storm. I saw on Twitter this morning that there were whiteout conditions in St. Louis. You can watch a video update the Weather Channel page.

Intellicast – Current Radar in United States:

NBC News reports: Winter storm set to ‘go bananas’ across Northeast.

With memories of the dreaded polar vortex still fresh, winter deals another blow Tuesday, slamming the Northeast with a blast of cold air and up to a foot of snow.

“They are going to have quite a snowstorm,” said Kevin Roth, a lead meteorologist with theWeather Channel. “By this evening, all four cities from Philadelphia to Boston could face a pretty bad commute home. We’re expecting a good six to 10 inches. It will be snowing pretty hard.”

“Every once in while these little winter storms go bananas and we think this might be the one,” he added.

Yikes! What the heck does that mean? The story doesn’t explain. But meteorologists are begging us not to call it a “polar vortex.”

Temperatures are set to drop again in the Midwest and Northeast starting Sunday, a forecast that already is prompting the return of the phrase “polar vortex” — widely used to describe the blast of cold air that chilled the U.S. earlier this month. But while the Upper Midwest, Great Lakes and the interior Northeast will experience below-average temperatures in the coming week, don’t call it a “polar vortex,” meteorologists say.

The “polar vortex” is a real weather phenomenon, just not one that actually visits the United States, they say. It’s actually a circular weather pattern that has always been stationed above the Arctic, explains weather.com.

According to the National Oceanic and Atmospheric Administration (NOAA), the swirling high-altitude system never moves into the U.S., though parts of it can “break off” and push cold air south.

The cold experienced in early January was actually a result of the polar vortex weakening, becoming warmer and therefore releasing its powerful chill beyond its normal reach through the northern climes, NOAA says.

Weather experts at NOAA said the intense cold air the U.S. has experienced is in fact a result of a warming world and increasing climate variability. While researchers cannot yet determine whether the fluctuations are a result of natural patterns or environmental effects, meteorologists can predict that parts of the U.S. will see freezing weather again in the coming days as a result of a polar vortex breakdown.

Anyway, I’m going to have to rush around this morning. I have a package to mail, and I need to get a couple of things at the grocery store. I do have some interesting reads for you today–some of them are pretty long, but well worth reading.

cyber

Yesterday, via Tom Watson at Forbes, I came across an essay by long-time feminist blogger Amanda Hess that Watson says has been “widely discussed” for the past week or so. Somehow I missed it. Hess argues that on-line sexual harassment of women will be “the next civil rights issue.” In the essay, she writes about the frequent on-line attacks she and other female writers have experienced (warning: explicit and violent language)Here are the first few paragraphs.

I was 12 hours into a summer vacation in Palm Springs when my phone hummed to life, buzzing twice next to me in the dark of my hotel room. I squinted at the screen. It was 5:30 a.m., and a friend was texting me from the opposite coast. “Amanda, this twitter account. Freaking out over here,” she wrote. “There is a twitter account that seems to have been set up for the purpose of making death threats to you.”

I dragged myself out of bed and opened my laptop. A few hours earlier, someone going by the username “headlessfemalepig” had sent me seven tweets. “I see you are physically not very attractive. Figured,” the first said. Then: “You suck a lot of drunk and drug fucked guys cocks.” As a female journalist who writes about sex (among other things), none of this feedback was particularly out of the ordinary. But this guy took it to another level: “I am 36 years old, I did 12 years for ‘manslaughter’, I killed a woman, like you, who decided to make fun of guys cocks.” And then: “Happy to say we live in the same state. Im looking you up, and when I find you, im going to rape you and remove your head.” There was more, but the final tweet summed it up: “You are going to die and I am the one who is going to kill you. I promise you this.”

My fingers paused over the keyboard. I felt disoriented and terrified. Then embarrassed for being scared, and, finally, pissed. On the one hand, it seemed unlikely that I’d soon be defiled and decapitated at the hands of a serial rapist-murderer. On the other hand, headlessfemalepig was clearly a deranged individual with a bizarre fixation on me. I picked up my phone and dialed 911.

Read the rest at the link. A number of women have written about this issue, and particularly about the lack of protection for women who are harassed on-line from law enforcement–even though the threats sometimes lead to real-life actions. A couple more recent examples:

Skepchick wrote in October about being harassed for her participation in the on-line atheist community, Why I Don’t Just Go to the Cops.

Amy Wallace wrote about her experiences in a NYT op-ed over the weekend: Life as a Female Journalist: Hot or Not?

Internet-Troll

Along similar lines, I came across this 2010 article in The Boston Globe that provides some insight into why some people spend so much time and energy writing angry comments on line: Inside the mind of the anonymous online poster. The author got an interview with a frequent commenter to The Boston Globe website. He also discusses the problems newspapers face in dealing with angry and trolling comments from anonymous people. Here’s an excerpt:

On Monday, May 17, at 2 p.m., a breaking news article headlined “Obama’s aunt given OK to stay in United States” hits the home page of Boston.com. In a matter of seconds, the first anonymous online comment appears. A reader with the handle of Peregrinite writes, “of course she can . . . can someone appeal.”

Certain topics never fail to generate a flood of impassioned reactions online: immigration, President Obama, federal taxes, “birthers,” and race. This story about Obama’s Kenyan aunt, who had been exposed as an illegal immigrant living in public housing in Boston and who was now seeking asylum, manages to pull strands from all five of those contentious subjects.

In the next few minutes, several equally innocuous posts follow, including a rare comment in favor of the judge’s decision. Then the name-calling begins. At 2:03 p.m., a commenter with the pseudonym of Craptulous calls the aunt, Zeituni Onyango, a “foreign free-loader.” Seconds later comes the lament from Redzone 300: “Just another reason to hate are [sic] corrupt government.”

News websites from across the country struggle to maintain civility in their online comments forums. But given their anonymous nature and anything-goes ethos, these forums can sometimes feel as ungovernable as the tribal lands of Pakistan.

Read much more at the link.

cyber2

Yesterday I also happened upon a fascinating article by national security and tech journalist Dan Verton. In the piece, Verton tries to come up with a psychological profile of NSA leaker Edward snowden: What does the history of insider espionage say about Edward Snowden?

He wasn’t the first and will certainly not be the last member of the U.S. intelligence community to betray the trust of his nation. But what do we really know about Edward Snowden, the former National Security Agency contractor who leaked thousands of documents detailing NSA’s domestic and global eavesdropping programs?

The truth is we know very little about Snowden beyond what the media outlets that have a vested interest in protecting him choose to report. But when viewed through the prism of the last 25 years of insider espionage, the Edward Snowden we do know seems to fit the typical profile of the trusted insider struggling to overcome personal and professional shortcomings, and suffering from a warped sense of moral superiority.

More than a decade worth of studies into the psychological profiles of malicious insiders have revealed several common characteristics that make information technology professionals — particularly system administrators, like Edward Snowden — an “at risk” population for malicious insider activity.

Verton discusses Snowden’s history in the light of a study of IT administrators who eventually sabotaged their employers in some way: Inside the Mind of the Insider, by Eric D. Shaw, Jerrold M. Post, and Keven G. Ruby. These are both fairly long pieces, but if you have any interest in the ongoing Snowden saga, they are must reads! A bit more from Verton:

Born in 1983, Snowden grew up in North Carolina and Maryland. His father was a Coast Guard officer and his mother worked as a court administrator. They divorced in 2001, and Snowden went to live with his mother. His parents claim Snowden was ill as a teenager and failed to graduate high school. He eventually studied at a local community college to obtain a G.E.D.

Snowden was 17 when al-Qaida launched its attacks against the United States on Sept. 11, 2001. At that time, he adopted an online persona he called “The One True Hooha” at the website Ars Technica, where he participated in chat forums for gamers and hackers. His studies at a local community college would once again fall short of a degree.

In 2003, Snowden decided to join the Army Reserve, and requested a chance to undergo evaluation training for Special Forces to, in his words, “fight to help free people from oppression.”

Yet again, the young Snowden would fall short. He was dropped from the program and discharged from the Army four months later. Snowden claims to have broken both of his legs during training, but to date has provided no evidence. The Army has confirmed his service, but would not release his service record summary, known as a DD-214.

“He comes from a family that has a high need for achievement, but his experience is one disaster after another,” Stock said.

Lots more educated speculation on Snowden’s motives at the link.

In other news . . .

Here’s a spy story I hadn’t heard about in the mainstream media. Report: Israel Passes U.S. Military Technology to China.

Secret U.S. missile and electro-optics technology was transferred to China recently by Israel, prompting anger from the U.S. and causing a senior Israeli defense official to resign.

The head of defense exports for the Israeli Defense Ministry resigned after a U.S. investigation concluded that technology, including a miniature refrigeration system manufactured by Ricor and used for missiles and in electro-optic equipment, was sent to China, according to the Israeli newspaper Maariv.

Another Israeli news site, Aretz Sheva, reports the U.S. is concerned the technology could ultimately find its way to Iran, which last year sought to buy military equipment from China for its nuclear program.

That sounds scarier than the stuff Glenn Greenwald has been dribbling out.

From The New Statesman, here’s an exhibit I’d love to see if only I were in London: A history of psychology, warts and mysteries and all.

It looks more like an art installation than the remains of a 400-year-old experiment: a life-size image of a man rendered in dark, angry scrawls on a wooden panel. It is, in fact, a human nervous system, painstakingly removed from a corpse by Italian medical students and then varnished on to the dissecting table. Scientists in the 17th century believed that human beings were animated by the “animal spirit” that flowed from the brain down the nerves.

The display is part of the “Mind Maps” exhibition at the Science Museum in London, which explores how people have tried to gain a better understanding of their minds.

That sounds amazing.

Finally, a funny story from CNN’s Anderson Cooper 360: CNN reporter high during Anderson Cooper marijuana TV segment.

Poor Randi Kaye. The CNN reporter was sent to Denver for a week as part of the network’s “Gone to Pot” series, and in one of her later segments investigated dispensary tours that are being compared to Napa Valley wine tastings.

Kaye followed around a 72-year-old woman named Barbara Harvey, who is a huge fan of marijuana, and joined Harvey on a day-long dispensary tour where she spent much of her time in a limo being surrounded by people smoking marijuana with the windows rolled up. The CNN journalist tells Anderson Cooper she accidentally got a contact high after being stuck in a limo with Harvey for so long, though Cooper believes this is her “career highlight.”

At around the 4:30 mark in the above video, viewers can see Kaye in all her stoned glory. Kaye is all giggles and run-on sentences when talking about the cannabis business post-pot legalization in Colorado.

So . . . what are your recommended reads for today? Please post your links on any topic in the comment thread.


Tuesday Reads: Are Things Really As Bad As I Think?

morning coffee book

Good Morning!!

I don’t even know where to begin this morning. I wish I could write a coherent diatribe like the one Dakinikat wrote yesterday, but I can’t do it. I have a sense that things are very wrong, but I can’t explain the feeling in any rational way.

As we head into the holiday season, I feel as if the country is leaderless. The public focus of the Obama administration and the media is on the glitches in a website; and yet in the background are terrible problems that are building  and growing more and more intractable as our political “leadership” fiddles with nonsensical issues like Obamacare and Benghazi.

As Dakinikat noted yesterday, there is a problem of growing poverty and income inequality become institutionalized and normalized. There is the issue of gun violence and our total failure to respond to it with any kind of rational regulations on guns. There is the devolution of education in the U.S., and of course there is the continuing attack on women’s autonomy and Democratic politicians seeming willingness to use women’s bodies as bargaining chips. Finally there are the already institutionalized problems of racism and hatred of immigrants. What have I missed?

As our real problem grow, it seems the American political and media classes, either don’t notice because as part of the wealthy 1% they simply aren’t affected, or because they’ve got theirs and they just don’t care about the mass of people who are struggling to survive in a poisonous system. And because of the obsessive focus on the end-of-year holidays, nothing will happen in Washington until we hit the next debt limit and our “leaders” mobilize briefly to kick the can of our economic and social problems down the road once again and so they can return to their focus on minutiae.

Is there any solution to the political and economic stagnation we find ourselves in? Is the situation really as surreal as it feels to me on this Tuesday morning? Am I nuts?

Anyway, here a some of the stories leading the news at the moment.

Jeff Bezos tells Amazon customers to expect home delivery by drones. NBC News reports:

Amazon.com hopes to deliver small packages to your home in just 30 minutes by unmanned drones within five years, chief executive Jeff Bezos said Sunday.

In an interview on CBS’s “60 Minutes,” Bezos was actually less optimistic than what his company said in its online announcement, which declared that tiny robot aircraft could be landing on front porches as soon as 2015.

Bezos said Amazon already had the technology in place and had even flown a working prototype, which he showed off in a video the company published Sunday:

He promised “half-hour delivery, and we can carry objects, we think, up to five pounds, which covers 86 percent of the items that we deliver.”

The rest of the work, Bezos said, is in quality control and getting the plan OK’d by the Federal Aviation Administration — something technology experts said was unlikely on Bezos’ time frame.

So basically, this is just a silly idea that has no chance of actually  happening anytime soon. But the media sees it as more urgent than poverty, income inequality, and people getting killed with guns day in and day out.

From the Washington Post: U.S. students lag around average on international science, math and reading test.

Scores in math, reading and science posted by 15-year-olds in the United States were flat while their counterparts elsewhere — particularly in Shanghai, Singapore and other Asian provinces or countries — soared ahead, according to results of a well-regarded international exam released Tuesday.

While U.S. teenagers scored slightly above average in reading, their scores were average in science and below average in math, compared to 64 other countries and economies that participated in the 2012 Program for International Student Assessment, or PISA, which was administered last fall. That pattern has not changed much since PISA was first administered in 2000.

Gee, I wonder why this is happening? It seems like something that should concern our “leaders.”

The test scores offer fresh evidence for those who argue that the United States is losing ground to competitors in the global market and others who say a decade’s worth of school reform has done little to improve educational outcomes.

“While the intentions may have been good, a decade of top-down, test-based schooling created by No Child Left Behind and Race to the Top — focused on hyper-testing students, sanctioning teachers and closing schools — has failed to improve the quality of American public education,” Randi Weingarten, president of the American Federation of Teachers, said in a statement. The AFT released a video on Monday in which it implored the public not to blame teachers, the unions, parents or students for poor PISA results.

But were intentions really good? Check out these years-old headlines on profiteers (including the Bush family) who cleaned up after passage of the Orwellianly titled “No Child Left Behind” law was passed.

Bush Profiteers Collect Billions from No Child Left Behind (Project Censored: The News That Didn’t Make The News, March 30, 2007)

Bush’s Family Profits From `No Child’ Act (LA Times, Oct. 22, 2006)

No Bush Left Behind (Bloomerg Businessweek, Oct. 15, 2006)

There are plenty more headlines where those came from.

And yet, nearly a decade later, we’re stuck with that awful law and the damage it has done to our public education system. Why have Democrats done nothing to reverse it? Most likely because they too profit from the continuing privatization of education.

What about the latest media narrative on Obama care?

From the Washington Post: Health-care enrollment on Web plagued by bugs:

The enrollment records for a significant portion of the Americans who have chosen health plans through the online federal insurance marketplace contain errors — generated by the computer system — that mean they might not get the coverage they’re expecting next month.

The errors cumulatively have affected roughly one-third of the people who have signed up for health plans since Oct. 1, according to two government and health-care industry officials. The White House disputed the figure but declined to provide its own.

The mistakes include failure to notify insurers about new customers, duplicate enrollments or cancellation notices for the same person, incorrect information about family members, and mistakes involving federal subsidies. The errors have been accumulating since HealthCare.gov opened two months ago, even as the Obama administration has been working to make it easier for consumers to sign up for coverage, the government and industry officials said.

Figuring out how to clean up the backlog of errors and prevent similar ones in the future is emerging as the new imperative if the federal insurance exchange is to work as intended. The problems were the subject of a meeting Monday between administration officials and a new “Payer Exchange Performance Team” made up of insurance industry leaders.

Okay, but what is with the bizarre impatience about some computer glitches from a media that couldn’t care less about institutionalized poverty, racism, and gun violence? And then there’s the Obama administration’s defensive response, as reported by USA Today: Obama to launch new health care law campaign

President Obama and his aides will seek to rally public support for his embattled health care plan in the coming weeks, starting with a White House event Tuesday.

Obama will promote the effort in a speech while surrounded by people who have benefited from the new law, according to an addition to the White House schedule.

The Affordable Care Act has come under heavy political attack since its rollout in October. Problems have included a malfunctioning website and the cancellations of polices that do not meet new federal standards.

In the coming days, Obama and aides will highlight what they call successful aspects of the law. They include provisions that prevent insurance companies from discriminating against people with pre-existing health conditions, and allow young people to stay on their parents’ insurance policies until age 26.

A few writers have tried to look at the “Obamacare crisis” slightly more rationally than the mainstream corporate media.

Here’s Bob Cesca at The Daily Banter: As Healthcare.gov Bugs Are Fixed, the ‘Obama’s Katrina’ Script Continues To Be Shredded.

It’s been 11 days since The National Journal‘s Ron Fournier wrote that Obamacare is President Obama’s Katrina. Oh, and it’s also his Iraq, Fournier wrote. Obama’s Katrina and Iraq. Both.

Since then, however, the Healthcare.gov website has been vastly improved and many of the bugs initially reported have been fixed, according to the administration late Sunday.

Back on November 20, Fournier made sure to provide himself with an escape hatch, though, noting that Healthcare.gov isn’t the same in terms of the actual events during and after Katrina, or throughout the Iraq War. Instead, Fournier wrote, the similarities had more to do with incompetence in the execution of a major policy initiative.

Yeah, so incompetence that lasted literally for years in both Iraq and New Orleans, leading to massive body counts on both fronts, is the same as a glitchy website launch. Okeedokee. Roger that. In reality, yes, both administrations made mistakes, but those mistakes were vastly different in terms of magnitude — not to mention that the Bush administration’s response to its mistakes was to, well, make even more mistakes. Again, foryears.

On the other hand, the Obama administration realized there were problems with the website and rushed to address those errors. Within two months most of those problems have been resolved, and, bonus, no one died.

For more rational perspective, read the rest of the post at the link.

I particularly like this uncharacteristically long post by TBogg at Raw Story: Are-We-There-Yet?-American [sic] just wants to go home because we aren’t there yet. Here’s just a taste:

You may remember that about a month ago, which is four score and seven years ago to the iPhone generation for whom a Japandroids download that takes over 20 seconds is an eternity times infinity, that the Great Socialism Project That Will Stomp America Flat (aka Obamacareor Communism) had some internet user problems which is why there are absolutely no healthcare services available in America right now so you should just rub some dirt on your burst appendix, suck it up,  and quit yer bellyaching. In an effort to fix what wasn’t working, the Obama White House brought in some better quality nerds who, fortified with 5 Hour Energy IV drips, promised to get it up and working by Dec 1 or GTFO.

Please go read the rest.

Charles Pierce also had a few choice words for Ron Fournier and the rest of the Obama-hating press.

Ace reporter Ron Fournier of the Associated Press has another scoop for y’all. There is absolutely no fking way on god’s green and pleasant earth that this Obama fellow will be elected president again. He has blown his chance for that third term, and probably the fourth and fifth as well. Ron would like the Pulitzer committee to leave the medallion on the doorstep. Watch out, Obama. The Horsemen ride at daybreak! [….]

I heard my friend Eric Boehlert on the radio this morning, warning us that the traditional end-of-the-year retrospectives are likely to sing in close harmony on the theme of the collapsing Obama administration, even though his poll numbers are pretty much where they’ve been for a couple of years now, and even though the Republicans in Congress continue to have the approval ratings of skin disease. I think he’s right, and I think Fournier, who’s been a tool so long they ought to sell him at Home Depot, is just trying to get a jump on things here.

More hilarity at the link.

And what’s with the efforts to deny that racism exists? From Raw Story: Black female professor reprimanded for pointing out existence of structural racism to white male students.

A faculty member at Minneapolis Community and Technical College, Shannon Gibney, received a formal reprimand for her handling of a discussion about structural racism in her Introduction to Mass Communication course.

According to Gibney in an interview with City College News, a white male student asked her, “Why do we have to talk about this in every class? Why do we have to talk about this?”

She claims she was shocked, because “[h]is whole demeanor was very defensive. He was taking it personally. I tried to explain, of course, in a reasonable manner — as reasonable as I could given the fact that I was being interrupted and put on the spot in the middle of class — that this is unfortunately the context of 21st century America.”

Gibney says another white male student followed the first, saying “Yeah, I don’t get this either. It’s like people are trying to say that white men are always the villains, the bad guys. Why do we have to say this?”

When Gibney attempted, again, to inform the students that they were mistaking a systemic critique for a personal attack, the students continued to argue. Eventually, she told them that “if you’re really upset, feel free to go down to legal affairs and file a racial harassment discrimination complaint.” This is exactly what they did.

This probably has something to do with our f’d up education system too . . . . As far as I can tell, critical thinking has been banned.

Okay, I’ve ranted long enough. What interesting news have you been reading? Let us know in the comment thread.