Live-Blogging Marriage Morning

The US Supreme Court has struck down the 1996 Defense of Marriage Act (DOMA). The Federal government is now required to recognise same-sex marriages granted by those states that allow gay marriage, and to confer upon those couples the various human rights, financial perks, tax, inheritance and visitation rights that heterosexual couples have always enjoyed.

What a wonderful thing is the United States constitution – or any written constitution – and a Supreme Court that overturns (at the time) populist and discriminatory laws in favour of equal rights to life, liberty and the pursuit of happiness.

 

My personal thoughts will follow; in the meantime, here is Andrew Sullivan’s liveblogging of the day.

Andrew Sullivan's avatarThe Dish

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12.10 pm. A reader writes:

I am writing from overseas where I live with my partner of 32 years in a sort of self imposed exile. He has been unable to obtain any sort of residency visa for the USA. We have been looking forward to this day. The phone is ringing off the hook and everyone is saying “you’ll be able to marry and come home.” I think I’m going to go light a candle and thank God and all the people who have fought so long and so hard to make all this possible. Bless you.

Bless the souls of those whose courage in extremis gave me and others the strength not to falter in pursuit of their dignity as human beings and their equality as citizens. We did it in part for those we left behind. And part of the reason I am crying right now is…

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Who Needs The Voting Rights Act, Anyway?

On a day that ushered in what is seen by many as one of the biggest setbacks for the civil rights movement in many years, with the Supreme Court decision to strike down key provisions of the 1965 Voting Rights Act, we can at least take some small solace in the principled and well-argued dissent, written by Justice Ruth Bader Ginsburg and read by her from the bench.

Yes, it was exactly the usual suspects that you would expect to vote down key VRA provisions.
Yes, it was exactly the usual suspects that you would expect to vote down key VRA provisions.

First, an overview of the day’s events and the court ruling, courtesy of The Guardian:

The US supreme court struck down 48-year-old protections for minority voters in states with a history of racial discrimination on Tuesday, in a decision lamented by campaigners who argued that it gutted the most important civil rights law ever passed by Congress.

The conservative-dominated court argued the act had largely served its purpose in encouraging equal access to the ballot box and said it was unconstitutional to continue singling out southern states for extra scrutiny without new legislation to determine signs of ongoing discrimination.

For nearly 50 years, the law forced certain, mostly southern states to seek permission from federal authorities in Washington for any changes to electoral rules, such as introducing literacy tests to reduce voter registration among minority groups.

However, chief justice John Roberts ruled on Tuesday that although there were some signs of continued racial discrimination, it was no longer sufficient to justify legal discrimination against the southern states caught up by the rules.

This has been a long-cherished goal for many conservatives, and we are already seeing some states (the usual suspects) moving almost immediately to implement new laws that had previously been stymied by section 5 of the Act.

As a general and broad supporter of localism, limited government and states rights, I am naturally sceptical about laws and provisions that make local laws subject to review, alteration or invalidation by an external authority. However, in the case of the Voting Rights Act, specifically the part that makes local authorities with a history of voter discrimination seek approval for changes to voting laws, I believe that the “lesser of two evils” doctrine clearly takes effect. So egregious were the measures used in an attempt to suppress the black and minority vote in many areas, and so important is the ability for all citizens to be able to participate in the democratic process, that a small infringement on local democracy in terms of oversight of local voting laws seems preferable to the larger threat to democracy of risking the exclusion of those same minorities once again.

Of course, the conservative activism which has become an increasingly prevalent hallmark of the Roberts court is unable to see nuance or shades of grey, dealing – as do most ideologues – purely in black and white.

Unfortunately, as Justice Ruth Bader Ginsburg notes in her dissent, numerous instances of blatant attempts to suppress the vote persist to this very day, and are by no means a distant relic of the Jim Crow era. MotherJones summarises some of the more recent examples in a “hall of shame” from Ginsburg’s dissent:

  • “Following the 2000 Census, the City of Albany, Georgia, proposed a redistricting plan that DOJ found to be ‘designed with the purpose to limit and retrogress the increased black voting strength…in the city as a whole.'”
  • “In 2001, the mayor and all-white five-member Board of Aldermen of Kilmichael, Mississippi, abruptly canceled the town’s election after ‘an unprecedented number’ of AfricanAmerican candidates announced they were running for office. DOJ required an election, and the town elected its first black mayor and three black aldermen.”
  • “In 1993, the City of Millen, Georgia, proposed to delay the election in a majority-black district by two years, leaving that district without representation on the city council while the neighboring majority white district would have three representatives…DOJ blocked the proposal. The county then sought to move a polling place from a predominantly black neighborhood in the city to an inaccessible location in a predominantly white neighborhood outside city limits.”
  • “In 2004, Waller County, Texas, threatened to prosecute two black students after they announced their intention to run for office. The county then attempted to reduce the avail ability of early voting in that election at polling places near a historically black university.”

It rather beggars belief that Chief Justice John Roberts and his fellow justices in the majority opinion can look at a political landscape still full of examples such as those shown here, and conclude that the problem is anywhere close to being solved. Or, as Ginsburg puts it:

Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.

Quite.

The full dissenting opinion can be read here.

David Gregory Is What’s Wrong With Washington

Real journalism vs. kiss-ass sycophancy. Glenn Greenwald vs. David Gregory. There’s no contest as to whose opinion and reporting I would generally trust, and it ain’t the guy from Meet The Press. Sullivan collates some of the fallout from the weekend’s explosive MTP interview with journalist Glenn Greenwald, who of course was first to break Edward Snowden’s allegations of illegal NSA snooping.

Andrew Sullivan's avatarThe Dish

There has been an understandable collective wince at David Gregory’s asking a fellow-journalist whether he should go to jail (I speak of Glenn Greenwald) for helping a whistle-blower. Now, as readers know, I’m somewhat skeptical about the large claims made by Glenn and Snowden as to PRISM but, equally, I emphatically do believe that these revelations were clearly released to further what Snowden felt in good faith was the public interest. In a piece that would be close to perfect if it had any acknowledgment of the other side of the equation – that plenty of fanatical Jihadist extremists are trying to kill us every day – Glenn explains:

In what conceivable sense are Snowden’s actions “espionage”? He could have – but chose not – sold the information he had to a foreign intelligence service for vast sums of money, or covertly passed it to one of America’s…

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The GOP’s Immigration Reform Game Theory Dilemma

My Nemesis

When I was in primary school, at about the age of eight, we had a class assignment to make our own abacuses out of wood. We lovingly spent ages glueing them together and painting them with bright colours – to this day, I am still quite proud of that piece of craftsmanship.

The next day, we were due to use our homemade abacuses in class as part of the maths lesson, and it was then that I brought disaster upon myself and earned the wrath of my entire class. There was a girl who had been sick at home the previous day when we were engaged in our arts & crafts, and who consequently didn’t have an abacus of her own to use when the time came. Our teacher approached my desk, where I sat with my best friend Scott, and asked us if we could lend one of our abacuses to the girl so that she could participate in the lesson.

Uh-oh. I looked at Scott. He looked at me. I didn’t want to let me new abacus out of my sight – it was brand new and I hadn’t had a chance to use it yet. Scott clearly felt the same way, even though his model was crooked, garishly painted and looked as though someone had taken an axe to it. I broke the silence first: “Scott, do you want to…?” but he countered “Sam, do you want to…?” (originality was never his strong point).

The teacher became impatient and told us to make up our minds who would lend out their abacus, or the lesson would go ahead sans abacuses for everyone in the class. And still we prevaricated. Even though both Scott and I knew that everyone else in the class was getting increasingly pissed off with us, and that we were in grave danger of ruining the fun lesson for everyone, we couldn’t compromise. So the lesson was cancelled, and Scott and I sat alone at lunch that day.

I recall this long-winded story because the Republican Party is currently making the exact same error that I made when I was eight years old and in primary school, with respect to their stance on immigration reform. Only they have infinitely less excuse, because they are not eight years old (perhaps in mental age) and are paid handsome federal salaries to produce legislation to solve problems.

The Huffington Post reports:

Many House Republicans are chilly or openly hostile to the bipartisan bill before the Senate, embraced by President Barack Obama. Even substantial changes to the bill may do little to placate these lawmakers, who demand strict crackdowns on unlawful border crossings and no “amnesty” for people here illegally.

These Republicans don’t deny that weak support from Hispanic voters is hurting GOP presidential nominees. And they concede the problem may worsen if Latinos think Republicans are blocking “immigration reform.”

These House members, however, worry much more about their own constituents’ opposition to the proposed changes. And they fear a challenge in the next Republican primary if they ignore those concerns.

“It’s hard to argue with the polling they’ve been getting from the national level,” said Rep. Kenny Marchant, R-Texas, referring to signs of serious problems for Republican presidential candidates if immigration laws aren’t rewritten. “I just don’t experience it locally.”

Even the house members themselves admit this gap between the interests of the national party and their local districts. The article goes on to explain the reasoning behind House Republicans’ stances in more detail:

House Republicans, however, spend far more time talking and worrying about their own election prospects, not the next presidential nominee’s.

“It’s a classic challenge when the best interests of the party are at odds with the best interests of the majority of the members individually,” said Rep. Tom Cole, R-Okla. He is close to Speaker John Boehner and other Republican leaders who want a major immigration bill to pass.

“What it takes to get a deal with a Democratic Senate and a Democratic president makes it extraordinarily difficult for a lot of (House) members,” Cole said, “because it can cause you a big problem in your primary.”

Ah yes, the much-feared Tea Party challenge from the right. That nagging fear in the back of the minds of all Republican congressmen and women in this age of the Unreasonable GOP. The fear that leads to gems like this:

Rep. Paul Broun, also seeking Georgia’s Senate nomination, said any immigration deal “must make English the official language of the country.” The U.S.-Mexican border, he said, must be secured “totally, whatever it takes. A double fence high enough to make sure it’s secure.”

Some Republicans wince at talk of massive double fences and making English the official language. They say it fuels arguments that the GOP is unwelcoming to all Hispanics, legal or not.

Hispanic voters are not a homogeneous block, and it would be patronising in the extreme to assume (as many do) that Hispanic disenchantment with the GOP is exclusively due to their policy on immigration reform and what to do with illegal immigrants already settled in the country. Hispanics, like every other voter block, have a whole web of different voting priorities. But with language like this from Rep. Paul Broun (incidentally nominated as America’s Craziest Congressman by Bill Maher), it is not hard to understand how the Republicans managed to lose the Hispanic vote 27-71% in 2012.

I generally don’t like to write articles about process, i.e. the mechanics of how a particular bill gets passed, or the ways in which parties and politicians manoeuvre for advantage. That stuff is usually personality-based gossip of secondary importance, and is covered more than enough by the likes of Politico. But in this case, the process is genuinely interesting and has ramifications that go way beyond who wins the news cycle on a given day, and therefore I decided that it is worthy of comment and discussion.

At some point the Republicans are going to have to make a choice. They cannot claim to be a national party with aspirations of winning future presidential elections without addressing the fact that they overwhelmingly lost the Black, Hispanic, Asian and Female vote in 2012. Yes, in the immediate aftermath of Mitt Romney’s implosion there was a little bit of hand-wringing and soul-searching, but we are now very much back to business-as-usual.

Scarcely a week passes without some new Republican (male) politician deciding to hold forth on the topic of rape in front of a live microphone, or accuse American Muslims of being complicit in terrorist attacks when they don’t denounce them as loudly as is apparently required, or talking about the superiority of a “man’s brain” when it comes to analysing the implications of laws such as ObamaCare.

These cheap, nasty little stunts might play very well back home in their heavily gerrymandered conservative districts, but they will be fatal for the Republicans in 2016. But right now, the party that likes to campaign under slogans such as “Country First” is fragmented, self-serving and unable to step back and solve any problem bigger than avoiding a Tea Party primary challenge.

But It Keeps Getting Worse …

Andrew Sullivan correctly calls out prominent Republicans for their failure to heed ANY of the lessons of 2012, as evidenced by their most prominent leaders turning up to address the Christianist Faith & Freedom Coalition conference with typically fiery, apocalyptic rhetoric.

Andrew Sullivan's avatarThe Dish

I keep being told that the Christianist base of the GOP is calming down, they learned their lesson, they’re not that important, etc. Josh Barro said that in a recent Ask Anything. Ross and Reihan are always poo-pooing the notion. So why did everyone who’s anyone in the GOP turn up for Ralph Reed’s religion-fest last weekend? Rubio, Paul, Jeb, Ryan, to name four, along with the usual nutters. Even Rand Paul – the supposed libertarian – said that there was a “war on Christianity” being conducted by “liberal elites at home and across the world.” And Cain and Palin – two essentially ridiculous figures – are still taken seriously. Alleged sexual harasser Cain:

This train is running full speed down the tracks towards socialism and towards communism. Yes, I said it. Before we stop it and reverse it, we got to slow it down. That’s what we do…

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