How’s this for a soupcon of irony?

A black Supreme Court Justice whose marriage to his White wife would have been illegal if not for a Supreme Court Ruling has reservation about marriage equality for Gay people because it came through a decision by that same branch of government.

Mildred Loving and Richard Loving had been sentenced to a year in prison in Virginia for marrying each other because their marriage violated Virginia’s Racial Integrity Act of 1924. Mildred was Black, while Richard was White. They lost their appeal to the Supreme Court of Virginia, and then appealed to the U.S. Supreme Court, which heard their case.

On June 12, 1967, the Court issued a unanimous decision in their favor, overturning their convictions and ending all race-based legal restrictions on marriage in the United States.

In Loving v. Virginia the U.S. Supreme Court struck down all state laws banning interracial marriage as violations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the Constitution.

Virginia had argued that there was no violation of the Equal Protection Clause because both Lovings had been equally sentenced, but SCOTUS ruled it a violation because the marriage ban  was based solely on “distinctions drawn according to race” and outlawed conduct that was otherwise generally accepted and which citizens were free to do. The Court ruled that the freedom to marry was a constitutionally protected fundamental liberty, so government could not deprive people of it on an arbitrary basis such as race.

In June 2007, Mildred Loving issued the following statement:

“My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights.

I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.”

Three years later in overturning California’s Proposition 8 which restricted marriage to opposite-sex couples, Judge Vaughn R. Walker cited Loving v. Virginia to conclude that “the right to marry protects an individual’s choice of marital partner regardless of gender”, and this was affirmed by the 9th Circuit Court of Appeals affirmed.

In Obergefell v. Hodges (2015) the Supreme Court invoked Loving as precedent, citing that ruling a dozen times, holding that states are required to allow same-sex marriages under both the Equal Protection Clause and the Due Process Clause of the Constitution.

This court decision made Marriage equality national and not just a state by state issue, a situation that could nullify a marriage recognized in one state if the couple were to move to another.

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Although he sided with the majority, Clarence Thomas wrote a separate, broader concurring opinion claiming that just because the law has always been interpreted a certain way it doesn’t mean that it should be. Thomas argued that respecting precedent is not sacred.

And what’s the case that Thomas suggested proved his point?

“I write separately to address the proper role of the doctrine of stare decisis. In my view, the Court’s typical formulation of the stare decisis standard does not comport with our judicial duty under Article III because it elevates demonstrably erroneous decisions—meaning decisions outside the realm of permissible interpretation—over the text of the Constitution and other duly enacted federal law.”

 “It is always ‘tempting for judges to confuse our own preferences with the requirements of the law.’”

And then citing Obergefell v. Hodges. the decision that supported the right of Gay people to marry and have the same benefits that Straight people gain through marriage, he went on to state,

“the Court’s stare decisis doctrine exacerbates that temptation by giving the venire of respectability to our continued application of demonstrably incorrect precedents.”

However at his nomination hearing, and obviously before Loving was used as precedent in  a case that benefited Gay people, Thomas had said,

“stare decisis provides continuity to our system, it provides predictability, and in our process of case-by-case decision making, I think it is a very important and critical concept.”

At the time Thomas spoke favorably about standing by precedent. ,

Thomas has been an opponent of GLBT rights, and his irrelevant reference to Obergefell v. Hodges in dealing with a case to which it was not related would seem to be hinting that he would like to revisit that ruling.

There are enough conservative justices on the Court to do so.

Previously, Thomas supported Colorado’s Amendment Two that forbade any judicial, legislative, or executive action designed to protect persons from discrimination based on “homosexual, lesbian, or bisexual orientation, conduct, practices or relationships”, and, although he thought the Texas law prohibiting sodomy “uncommonly silly”, and said that if he were a member of the Texas legislature he would vote to repeal the law because to police private sexual behavior was not a worthwhile use of “law enforcement resources”, he held that the Constitution did not contain a right to privacy, and voted to support the Texas law.

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The modern Gay Rights Movement began 50 years ago in a dive bar in New York City.

In many states it was illegal in 1969 to sell an alcoholic beverage to a Homosexual, so decent places to gather socially were non-existent. Stereotypes are based in reality, and the stereotype of Gay people being promiscuous and having sex in dirty places like alleys and shipping piers was rooted in society’s not allowing Gay people to gather anywhere else but in clandestine places, and the harassment, loss of housing, and loss of jobs that came if sexual orientation were discovered.  While society denied decent places to socialize, and while society forbade relationships to Gay people, it condemned them for living in the conditions society forced on them.

While denying the possibility of long term, committed relationships, society claimed Gay people were incapable of them.

Years ago when asked by Johnny Carson why Gay people had sex outside of marriage, something that most people found unacceptable in an attempt, apparently, to get Harvey Fierstein to see why society had a problem with Gay sex, Fierstein pointed out that you cannot deny Gay people the right to marry and then condemn them for not getting married. Gay people were having sex outside of marriage because society would not let them have sex within it.

It was a case of forcing certain conditions on a class of people and then condemning them for living within those forced conditions.

Humans are social creatures. We gather together according to our commonalities. We like to enjoy the company of people with whom we identify, and gathering in public for conversation or liquor infused partying ijust part of who we are. One section of society denying that to another section of it, does not erase that part of our humanity.

Gay people, having the same needs as straight people to socialize and seek companionship, sought it where they could find it within the constraint set by others, and those seeing a financial advantage in supplying those places, did so. Not, however, for the sake of their clientele, but for their own pockets, and they were also people who were involved in illegal enterprises, and bars for Gay people was just one more.

Go to the Stonewall Inn today, and you see a nice bar with clean, neat appointments, well arranged bottles of alcohol behind the bar, little chandeliers, and a large window that lets in the light of day during daylight hours.

Go in 1969, and you had warm bottles of beer, second and third rate alcohol served in classes washed perfunctorily in buckets of soapy water, ill-kept floors, questionable water mixed in with the booze, and a large piece of plywood covering the window so patrons could not be seen from the street. The restroom smelled of the impatience of a parking garage.

You took what you could get back then, and what you got was what the bar owners gave you, not because you were worth anything, but because you had money to spend and they wanted it.

The “Riot”, when it happened, was a protest of the dehumanizing treatment and conditions society forced on the Gay Community and which that community was expected to accept.

It was a protest against not being allowed to socialize as a community.

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Reality, sadly, has a way of losing out to romance.

While the Modern Gay Rights Movement initiated that night brought about progress in the ensuing 50 years, it also made it possible for those wanting to do so to open decent bars to make money without running questionable taverns under deplorable conditions, and having to slip protection money to the local police precincts.

Gay bars became legitimate businesses even if they were originally relegated to the seamiest parts of town, to now be, without having moved, in the most gentrified, toniest areas.

So it has become a little too ironic, and a little too sad, that while celebrating progress is worth a party, the bars where the celebrations happen have found ways to make money from it, and corporations entice people to buy product be appropriating the symbol of a movement, and commercialize it by slapping rainbows on their products for the month of June.

At recent Pride weekends when people from all over gathered in various cities automatically increasing the amount of money bars would be making, the owners found a way to increase profits by charging exorbitant cover charges as high as $25 to get in to spend money, and in some cases raising the amount when lines for entry began to get long.

Bar hopping has become an expensive proposition because every bar you could normally just walk into charged you to enter so you could celebrate liberation.

The celebration of a riot in a bar begun by the disenfranchised others of society who patronized one of the few establishments where they could do that and which brought about equality has morphed into bars squeezing money out of the celebrants, requiring money to celebrate an event in which homeless street kids played a large role.

Only the moneyed can celebrate and we have added the haves and have nots division to what should be a communal, united event.

We have become them.

When I was younger and a practicing Catholic the regular attendance at church swelled on Christmas and Easter as people thought attendance on those days could stave off eternal damnation for not attending church on a regular basis on Sundays. The “C and Es” filled the churches to standing room only with spill over, and capitalizing on this, there was always a second collection beyond the regular single one, supposedly for some specific purpose beyond church maintenance, and the church brought in a boat load of money.

A single collection with the increased attendance would have been more than what was usually collected, but with a captive audience, why not take advantage.

This is the Gay bars doing on Pride weekends what the churches do on Christmas and Easter.

After the English Civil War, Charles I was accused of treason against England because he had used his power to pursue his personal interests rather than the good of the country.

The charge was based on actions

“carried on for the advancement and upholding of a personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation.”

His trial lasted three day, and throughout the trial he refused to enter a plea.

“I would know by what power I am called hither, by what lawful authority…?”

It was his belief that no court had jurisdiction over a king because a king’s authority was bestowed by God.

“No earthly power can justly call me (who am your King) in question as a delinquent … this day’s proceeding cannot be warranted by God’s laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament … for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name: and one of their maxims is, that the King can do no wrong … the higher House is totally excluded; and for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting … the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government.”

But the court rejected the idea of sovereign immunity, the belief that a head if state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, because

“the King of England was not a person, but an office whose every occupant was entrusted with a limited power to govern ‘by and according to the laws of the land and not otherwise’.”

Rule by law, not by God.

A king was not above the law and could face prosecution if he acted in spite of law putting his own interests above those of the people. Actions did not become lawful because he took them.

Charles was holding the same opinion Richard Nixon did when he justified his actions saying,

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Neither of these two fared all that well.

While President Nixon was being investigated, and just a year before he resigned, the Department of Justice’s Office of Legal Counsel determined that a criminal case against the president

“would interfere with the President’s unique official duties, most of which cannot be performed by anyone else.”

This meant that criminal charges would have to wait until he left office (remember his successor pardoned him so the country could move on), leaving impeachment as the only redress so long as the statute of limitations was not reached while he was sitting in the Oval Office allowing him to get away with known crime.

The policy was called “Amenability of the President, Vice President, and other Civil Officers to Federal Criminal Prosecution while in Office” and includes,

 “To wound him [the president] by a criminal proceeding is to hamstring the operation of the whole governmental apparatus, both in foreign and domestic affairs. The spectacle of an indicted President still trying to serve as Chief Executive boggles the imagination.”

An October 2000 memo titled “A Sitting President’s Amenability to Indictment and Criminal Prosecution” decided the 1973 memo’s reasoning remains true, and

“subsequent developments in the law validate both the analytical framework applied and the conclusions reached at that time.”

The Constitution does not address the possibility of criminal charges against a sitting president, but does assert that the president can be impeached for “Treason, Bribery, or other high Crimes and Misdemeanors” with the House of Representatives having the power of impeachment.

As Mueller explained, while leaving congress with a list of things it c\should look into,

“The Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.”

Charles I could have benefited from Nixon’s DOJ.

One of Boston’s most famous historical figures is the Puritan clergyman Cotton Mather.

Most noted for ending the Salem Witch Trials, he is also famous for an experiment for which some religious people condemned him  at the time, and these days forget happened, apparently, as what he established is now claimed to be a violation of religion.

From the spring of 1721 until winter 1722, Boston was mired in a smallpox epidemic. Of the town’s population of 11,000 people, over 6000 cases of small pox were reported with 850 dying from the disease.

After Cotton Mather first learned about inoculation against small pox from his West African slave Onesimus, writing,

“He told me that he had undergone the operation which had given something of the smallpox and would forever preserve him from it, adding that was often used in West Africa”,

and then confirming this account with other West African slaves and reading of similar methods being performed in Turkey, Mather campaigned for the systematic application of inoculation.

What followed was a fierce public debate, but also one of the first widespread and well-documented uses of inoculation to combat such an epidemic in the West.

Many argued that inoculation violated divine law by either inflicting harm on innocent people or by attempting to counter God’s specific plan. There were only two laws of medicine: sympathy and antipathy, and inoculation was neither a sympathy toward a wound or a disease, or an antipathy toward one. But Mather had collected data that made a clear argument for the effectiveness of inoculation and found that the health risks were significantly less fatal than the naturally occurring virus.

The Bible was used to argue against science and any attempt at preventing illness since Matthew 9:12 quotes Jesus as saying,

“It is not the healthy who need a doctor, but the sick”,

And, so, because inoculations, like vaccinations today, introduce the disease into healthy people so they can build up an immunity to keep from becoming sick, it was, therefore, thought better to wait until people became sick and then deal with it.

It was also believed that because the subject of inoculation could not be found in the Bible, it was not the will of God, making it “unlawful.” The prevailing religious view was that smallpox was a judgment of God upon humanity, due to it sins, and trying to prevent smallpox could provoke God, and a wrath of greater consequences might be made on humanity if experimentation occurred.

Mather, however, noted that God did not have good aim or a fair minded approach to His punishment as the victims of small pox were not just the bad people in town, but some who were undeniably above reproach.

Sound familiar?

Mather, however, believed that

 “whether a Christian may not employ this Medicine (let the matter of it be what it will) and humbly give Thanks to God’s good Providence in discovering of it to a miserable World; and humbly look up to His Good Providence (as we do in the use of any other Medicine) It may seem strange, that any wise Christian cannot answer it. And how strangely do Men that call themselves Physicians betray their Anatomy, and their Philosophy, as well as their Divinity in their invectives against this Practice?”^[

So it as that on June 26th 1721, after much research by Reverend Mather, the first inoculation in American history was completed by Doctor Zabdiel Boylston on an adult male slave named Jack, a male two-year old slave named Jackey, and, to show that these were not simply expendable people so who cared about the results, Dr. Boylston inoculated his own six-year old son.

In spite of the positive results, in November that year a small bomb, that failed to explode, was thrown through a window of Mather’s home with the attached note,

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Mather’s research and Boylston’s experiment, not to mention the incredulity of Onesimus that no one in Boston was applying a standard procedure used in West Africa, laid the foundation for the modern techniques of infectious diseases prevention.

The old, Puritan style arguments against vaccinations have made a comeback.

When both houses of the New York state legislature passed a bill that will end New York’s policy of allowing religious exemptions from vaccine requirements, the religious conservatives in the chamber’s gallery went ballistic shouting such things as,

 “We’ll be back for you Jeffrey! (Assemblyman Jeffrey Dinowitz, the bill’s sponsor)”,

shouted by a man dressed in Jewish Orthodox livery, while others yelled other threats.

Governor Cuomo signed the bill into law just hours later stating,

“The science is crystal clear: Vaccines are safe, effective and the best way to keep our children safe. This administration has taken aggressive action to contain the measles outbreak, but given its scale, additional steps are needed to end this public health crisis.”

While he might acknowledge and respect the right to freedom of religion, he believes,

“our first job is to protect the public health and by signing this measure into law, we will help prevent further transmissions and stop this outbreak right in its tracks.”

Assemblyman Jeffrey Dinowitz explained,

“This bill was never about [religion], it was about public health, as I said on the floor.It’s going to protect children’s health and we’ll never know which children don’t catch a terrible disease, but we know for this bill it will protect children.”

About the histrionics of the anti-vaxxers he added,

 “I don’t ever remember in all my years here, the screaming in the Assembly chamber and the disruption in the Assembly chamber — people yell and scream outside and that’s fine, that’s fine — but the disrespect, not to me … Forget me … to the institution, to all the members of the state … was frankly a disgrace. And these are the religious people?! Shame on them. Shame on them.”

Some children cannot be vaccinated for medical reasons, but the religious based anti-vaxxers believe that they have the right, based on their religious belief, to expose everyone’s child to a disease that was all but eradicated and no one has the right to prevent that.

The vaccine problem was witnessed first-hand in Williamsburg ,New York, where a school had to be closed by the Health Department for allowing dozens of unvaccinated students to attend classes.

Certainly if a Puritan, and a clergyman at that in a religion as strict as the Puritans, living in a time of limited education when religion ruled society and questioning it was heretical could see the value of applying science and reason when dealing with disease, people living 300 years later, unless they consciously reject science, reason, and education, can learn as he did and accept his idea that a Christian can humbly give thanks to God’s good Providence in discovering disease prevention techniques to a miserable World.

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Just as with most things scientific, old beliefs that helped explain what had been unexplainable, thunder was angels bowling, lightning was Zeus throwing fiery bolts at people, were replaced as facts came forward explaining how things really were.

Sometimes simple things were not all that simple, and certain beliefs and assumptions had to give way to evidence. That’s how we moved away from the Dark Ages and we came to realize the earth travels around the sun and not the other way around.

And just as with most things scientific, the Church fought to keep beliefs as they were.

Science has come to new understandings of gender identity, but Vatican remains in the dark ages preferring comfortable on myths, rumors, and falsehoods.

The Vatican has issued a statement rejecting Transgender people because the concept goes against nature as the Vatican claims it. The Congregation for Catholic Education has decided that Trans people are experiencing ‘nothing more than a confused concept of freedom in the realm of feelings and wants’.

The document is titled after the line in Genesis “Male And Female He Created Them”, and was released without prior announcement on 10 June.

Rather than being clear, the title almost contradicts the content of the document as, according to Genesis I, on the sixth day of creation God created Adam.

“So God created man in His own image; in the image of God He created him; male and female He created them”.

Then after creation was done and Adam appeared lonely, in Genesis II

“The LORD God fashioned into a woman the rib which He had taken from the man, and brought her to the man.”

So, who was created n the sixth day and who when creation was all done?

“In the image of God He created him” yet he was a male and female “them”.

Perhaps we need to talk to the one sentient eye witness capable of speech who was present at the time from whom we can get an explanation on what was natural, the talking serpent.

The pope has previously claimed,
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“Let’s think of the nuclear arms, of the possibility to annihilate in a few instants a very high number of human beings. Let’s think also of genetic manipulation, of the manipulation of life, or of the gender theory, that does not recognize the order of creation. With this attitude, man commits a new sin, that against God the Creator.”

I thought we Gays we tough what with our ability to cause floods, fires, tornadoes, and hurricanes, but these Transgender folk can cause nuclear annihilation.

Tread lightly, Pontiff.

The document goes on to say,

“Efforts to go beyond the difference, such as the ideas of “intersex” or “transgender”, lead to a masculinity or feminity that is ambiguous.”

And ignoring that straightening out dysphora eliminates ambiguity, the report then jumps to the it’s-just-a-phase stupidity by claiming,

“if someone is not cisgender, they are aiming to be ‘provocative’” and “’liquidity’ and ‘fluidity’ that characterize other aspects of post-modern culture, often founded on nothing more than a confused concept of freedom in the realm of feelings and wants, or momentary desires provoked by emotional impulses and the will of the individual.

The document also says that “gender theory” forces people to “move away from nature”.

Just ask the serpent.

The Vatican calls on doctors to ‘intervene’ on intersex patients, with unnecessary procedures intended to ‘normalize’ infants at birth even if parent don’t want the intervention ad even though these procedures may impact a person’s quality of life.

The only saving grace of the document is that it praises educational programs that combat ‘unjust discrimination’.

The Vatican falls back on equating GLBT people with libertine sexuality, something that has historically given tacit approval for hatred, bigotry, and violence against us, and drives those whose lives could be improved and completed by addressing their true selves to confusion, self-harm, addiction, and suicide and cause families to reject their children.

The Vatican, in rejecting science, is ill-equipped to discuss gender and sexuality in the modern world.

Usually Trump gets upset when someone quotes him after he has made a statement on any given topic with which he later realizes he needs to distance himself.

He will call quoting him “fake news”, saying he never said what remains on video and audio tapes.

On Tuesday, he out did himself.

In the space of a breath between sentences, he contradicted himself first when, after being asked about the report that Kim Jong Un’s half brother had been a U.S. intelligence asset before he was assassinated in February 2017 in a Malaysian airport by two women who sprayed him in the face with some sort of a nerve agent while he was en route to meet a CIA contact, by claiming,

“I don’t know, I have not heard about that.”

In the next sentence he immediately stated,

 “I saw the information about the CIA with respect to his brother or half brother, and I would tell him that would not happen under my auspices, that’s for sure. I wouldn’t let that happen under my auspices.”

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 “I just received a beautiful letter from Kim Jong Un. I can’t show you the letter, obviously, but it was very personal, very warm, very nice letter.”

In spite of nothing happening with the denuclearization deal with North Korea he had announced after the first summit with Kim, and the U.S. walkout at the follow up meeting in February, after which North Korea resumed testing new weapons, Trump complimented Kim by saying their relationship was “very strong” and that Kim is “quite a guy and quite a character.”

“North Korea, under his leadership, has great potential.”

So, on his watch, Kim is hands off with the CIA.

Besides, remember Trump’s comment during the first summit that North Korea has some nice beachfront property that could use a few condos and resorts?

“They have great beaches. You see that whenever they’re exploding their cannons into the ocean. I said boy look at that, wouldn’t that make a great condo. And I said instead of doing that you could have the best hotels in the world right there. Think of it from a real estate perspective. You have South Korea, you have China and they own the land in the middle. How bad is that, right? It’s great.”

He needs to protect his future business partner.