No rights are inalienable!

In yesterday's court case, advocating to uphold Prop8, Kenneth Starr argued that there are no inalienable rights for Californians. Under his argument, he admitted that free speech, racial discrimination, (presumably even voting rights themselves) under the California constitution are subject to a simple majority vote, without any legislative process at all.

Sadly, Justice Kennard seemed to agree, and in her comments apparently felt that the inalienable right of the majority to be foolish at the ballot box trumps what the court previously found to be "a basic civil or human right of all people."

If Prop8 is upheld, as commenters expect, it is really a breathtaking precedent. WE HAVE NO RIGHTS that are safe from the rule of the mob, the tyranny of the majority.

Think of what this will unleash: a series of amendment initiatives in CA to deprive gays of any protections at all. Don't expect domestic partnerships to survive.

And not just gays: any unpopular class, like immigrants, may also be at risk. Just wait till the MInutemen get going and start buying signatures. They can do it, if the Supremes uphold this decision. Religious affiliation and red hair, equally at risk.

The US State Department book "Principles of Democracy" states explicitly

Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. Just as no self-appointed group has the right to oppress others, so no majority, even in a democracy, should take away the basic rights and freedoms of a minority group or individual.

Such an ideal may not apply in California. Better dust off your pink triangles, folks, we might all be moving to Manzanar next.

Cross posted at DailyKos and TPM

Speak up ....

Bp. Nick Baines writes at his blog: Musings of a restless bishop:

25 years ago today (6 March 1984) Martin Niemoeller died in Wiesbaden, Germany. He was Pastor of a wealthy church in Berlin-Dahlem when Hitler came to power and advocated voting for Hitler in 1933 on the grounds that he would clean Germany up. When his eyes were opened to the realities of what was going on (the appointment of Ludwig Mueller as Reichsbischof and the passing of the Aryan Law), he helped found the Confessing Church and joined the resistance. He spent eight years in Moabit Prison, Sachsenhausen and Dachau concentration camps and was eventually released in 1945 from Austria.

Niemoeller wrote:

Als die Nazis die Kommunisten holten,
habe ich geschwiegen;
ich war ja kein Kommunist.

Als sie die Sozialdemokraten einsperrten,
habe ich geschwiegen;
ich war ja kein Sozialdemokrat.

Als sie die Gewerkschafter holten,
habe ich nicht protestiert;
ich war ja kein Gewerkschafter.

Als sie die Juden holten,
habe ich geschwiegen;
ich war ja kein Jude.

Als sie mich holten,
gab es keinen mehr, der protestieren konnte.

Court leaning towards no marriage equality???

News tonight is not looking too good with the CA Court -- although it seems the courts may rule that those already married are still married. In the future marriage is one man/one woman. Seems schizophrenic but I guess California law allows the voters to take away rights of others.

News from SFGate and LA Times.

Archive video of the hearings is here.

Pray your brains out.

Please, can we have our stuff back ?

The new Fort Worth diocesan chancellor, Kathleen Wells, has addressed a letter to the Hon. William T. McGee Jr., the former chancellor of the diocese (McGee is representing Bp. Iker and others who left the Episcopal Church). In it, the Standing Committee and the new Bishop of Fort Worth, the Rt. Rev. Ted Gulick, seek a peaceful and orderly transfer of property and other assets still held by Bp. Iker and others working with him who have left the Episcopal Church.

Note that the property would include St. Vincent's Cathedral, site of the first Provincial Assembly of the Anglican Church in North America to be held June 2009.

Ya gotta give 'em hope

Join the fight.


And the battle continues. If you are in Florida, your voice is needed.

If you are in Utah, your voice is needed.

In Hawai'i, in Arizona, in Arkansas, and all across this union, your voice is needed: on DOMA, on DADT, on adoption. Our families need you.

And in California, regardless of what happens today, or in the court decision, the PropH8 supporters will be trying to vote out our SCoCal justices in upcoming retention elections. We must oppose them. And we must say I Do! to marriage equality on the ballot in 2010, regardless of this decision.

For another YouTube video on what's at stake, what this really means, please go here. "It goes beyond the gay community. It's about whether all Californians are equal. "

My name is Harvey Milk and I'm here to recruit you!

Join the fight.

Wear white on Thursday

It's the color of weddings. Wear white to support gay marriage on hearing day....or at least wear a White knot.

The Eve of Justice: Yes we can. Yes we MUST.

Introducing The Eve of Justice (updated)

Wednesday night there will be a number of quiet vigils in preparation for the Prop8 hearings on Thursday. They are calling it the Eve of Justice, and you can find details about vigils across CA (and a few out of state) at the web site. Please go, if you can.

The Eve of Justice web site also has many links to information about the gay marriage issue. And, if you are so inclined, you can watch the hearings live on Thursday. (I won't; I can't bear it.)

If prop 8 is upheld, the courts will no longer have a meaningful role in protecting minority groups or women, since any decision prohibiting discrimination could be reversed by a simple majority vote.

More on the case from the Gay Marriage on Trial article from the LA Times.

Update I have written a DailyKos diary about American beliefs in protecting minority rights in the context of Prop8. To save bandwidth I won't cross post; I encourage you to go read my views there. We can discuss here if you like.

High-TEC Sunday

As you will recall from my previous posts, my beloved the RC is alternating her attendance at her Roman Catholic church with our visits to the Episcopal Cathedral of San Diego, as she continues to explore where she belongs. This was an Episcopalian week, so off we trooped to the 10.30 Mass, which being a Cathedral service is quite impressive with a full choir, lots of people in procession (and VERY well attended by a wide demographic). We appreciate it for its warm welcome, about which I have posted previously.

Now, the Cathedral has lots of interesting events throughout the week, but especially on Sunday. However, because it is rather inconvenient for us to get there, and because we have BP's son with us Sunday nights, we usually can't go to any evening events. But this week, the Boy was off on a college visit, which meant we had the luxury of time to go back down to the city and attend Evensong at 5pm. I've always enjoyed Evensong (my years in England gave me a taste for it) and the Men and Boys choir at the Cathedral that sings this service is really outstanding. There is something unworldly about a boy soprano's voice. Although not as crowded as the morning Mass, I counted about 60 people there. We appreciated the service, and then decided to grab a bite to eat in the neighborhood and come back for Compline at 8.30.

I have never attended a Compline service, and neither had BP, so we didn't quite know what to expect. We returned to the Cathedral to find it dark inside, with only a few candles lit on the altar and no other lights. At first we wondered if the service was cancelled but then our eyes grew accustomed to the dark and we saw scattered shadows in the pews of others, sitting quietly. We found our way to a pew and sat, waiting.

Then, three people in black cassocks came out, each lighting a candle , and sat in chairs at the front. Holding their candles over their choirbooks, they proceeded to sing a cappella, polyphony, harmony, and plainchant, some in Latin and some in English. Between each piece was an extended quiet period for reflection. It was intensely beautiful and contemplative. When they finished, about 30 minutes later, they extinguished their candles and disappeared. We made our way out of the darkened church to be met by the cacophony of night-time city streets, unexpectedly garish under fluorescent lights. We headed for the freeway and the drive home, both of us feeling peaceful and refreshed in our own way.

BP, who is a brilliant punster as well as beloved partner, dubbed it our High-TEC Sunday.

The Power Petition

Sign the petition to Speaker Pelosi here.



From ThePowerCast.