vigilance

As a person grows older, they begin to realize how swiftly time flies and how the distance they assumed must have been between events really wasn’t all that large of a gap.

Whatever messages were sent in the 2016 presidential campaign about what lessons the “Progressives” needed to teach the “Moderates”, “Liberals”, and “Neo-Liberals”, the reality that many kept their eyes on was that Important elections are not the times to have ideological arguments, many demanding purity, about the need to get all or nothing, especially when the choice was not between two evils, but between a woman who for some reason still undefined was considered an evil while the other guy was a known narcissist and unstable individual. Yes, he was a good television talk show guest, but not much of substance beyond that.

The gamble was to give tepid support to the woman or actively take action by voting for her opponent or let fate handle things and do absolutely nothing.

Either way we got three new conservative justices on the Supreme Court, many rights the GLBT Community, immigrants, and other minorities had fought for were lost, the crazies came out of the woodwork, and, because they didn’t get their way, voting rights and women’s rights are being assaulted by all those who got into or were reelected to the positions they have because that misguided hissy fit let them in.

Auditing the 2020 election by one state to find any shred of voter fraud has spread to others, spread by some of the very same people who were voted into office during the election they doubt.

States rewrote voting laws in many states to make sure the people in power stay there.

And then, Texas passes the most restrictive anti-choice law that other states who love that stuff are lining up to get for themselvdes or make one even stricter.

In Texas, they have passed their voter restriction laws and anti-choice laws encouraging citizens to spy on their neighbors for a potential financial reward. They got away with it, so they can now go after other targets, not because it is best for the common good and welfare, but because, well, the exercise of power and forcing your ideology onto everyone is pretty self-esteem building.

Former Texas solicitor general and Federalist Society member Jonathan Mitchell filed an amicus brief representing Texas Right To Life in the case, THOMAS E. DOBBS, M.D., M.P.H., STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v JACKSON WOMEN’S HEALTH ORGANIZATION, filed in June 2021 with the U.S. Supreme Court.

According to the brief,

“Founded in 1973, Texas Right to Life is the largest Texas Christian non-profit organization dedicated to legally, peacefully, and prayerfully protecting the God-given right to life of innocent human beings from fertilization to natural death. Texas Right to Life is opposed to abortion 1. All parties have consented to the filing of this brief. No counsel for a party authored any part of this brief. And no one other than the amicus curiae, its members, or its counsel financed the preparation or submission of this brief. 2 and spearheads the legislative efforts in the Texas State Capitol to protect innocent human life.”

The suit seeks to reverse Roe V Wade and argues that to “control their reproductive lives”, women should just abstain from sexual intercourse, 

“One can imagine a scenario in which a woman has chosen to engage in unprotected (or insufficiently protected) sexual intercourse on the assumption that an abortion will be available to her later. But when this court announces the overruling of Roe, that individual can simply change their behavior in response to the court’s decision if she no longer wants to take the risk of an unwanted pregnancy,”

and argues that

“Women can ‘control their reproductive lives’ without access to abortion; they can do so by refraining from sexual intercourse.”

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The brief equates same-sex marriage and abortion by labelling both a “judicial concoction” that could be so easily swept away.

After arguing that if the Court reversed Roe v Wade, since it is not in the Constitution and has been historically disfavored by some people who went to the extent of passing laws to enforce their opinion over any number of those who did not share them, interracial marriage, being nothing more than “supposed rights” is, therefore, similarly legally dubious, but could be supported or rescinded by a good weaving through various laws and Constitutional Amendments so it wins by lack of the energy to pursue the complicated trail, the brief goes on to say,

 “The news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage. These “rights,” like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence.”

As far as a court case about same sex marriage it would require

“federal courts to employ a “careful description” of conduct or behavior that a litigant alleges to be protected by the Constitution, and forbidding resort to generalizations and abstractions”.

A Gay person’s rights would be uniquely based on sexual conduct on a position by position, giver or receiver basis without regard to the words about equality in the Declaration of independence because if that were to apply,

“long-prohibited conduct can be made into a “fundamental right” that is “deeply rooted in this Nation’s history and tradition,” so long as a litigant is creative enough to define the “right” at a high enough level of abstraction. The right to marry an opposite-sex spouse is “deeply rooted in this Nation’s history and tradition”; the right to marry a same-sex spouse obviously is not. This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case. But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe.”

As I was writing this on Monday, September 20, the Supreme Court announced it will hear the Mississippi case to which Texas attached that amicus brief. The ruling will be made by a strong conservative majority court and could lead to overturning twhat has been settled law for almost 50 years.

We, as Gay people, are about to be again reduced to sexual acts sans humanity as Roe v Wade is attacked and along with it anything else the American Taliban wants to ban.

Unlike Roe v Wade, our rights, at best, have been honored for a far shorter time.

So, you young people, you young Gay ones whatever letter is yours, the struggle is not over.

All those wonderful things you have so enjoyed doing for most, if not all of your life, those things older Gays gave up their youth to get for wherever you fall on the spectrum or what letter is yours but, while successful, are too old to enjoy the life they had made possible for the future, are under attack a little more boldly now than the below the surface lurking they had been doing since our humanity was recognized.

If you enjoy the life you have, you do not want the old life we were allowed.

The future is yours. What that future will be is up to you.

Believe me, you don’t want to go back in time.

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