December 12th, 2012
It’s rare that I read an article so inaccurate – so horribly insanely pound your head on the wall and eventually just laugh your ass off inaccurate – that it becomes a work of art in its own right. Brad Bannon writing in the US News has such an article.
If it weren’t so earnest, I’d think it was satire. I’ll copy it in its entirety, assuming that it will change (normally I would never quote an entire article; fair use rules don’t generally stretch that far. But as I expect some revisions to be made it is necessary for the competition).
Special bonus points for who can catch the most errors.
Why the Supreme Court Will Rule in Favor of Gay Marriage
The justices read the election returns, or so goes the legal proverb about the Supreme Court. In this case they might have also looked at the Election Day national exit poll which showed that a plurality (49 percent to 46 percent) of voters favored gay marriage. Maine, Washington, and Maryland became the first states where voters legalized gay marriage themselves.
Friday, the Supreme Court decided to hear two cases on gay marriage. The first case comes from Ninth U.S. Circuit Court of appeals sitting in San Francisco. This case concerns the constitutionality of Proposition 8, a voter initiative in California that banned gay marriage. The other case is from the Second U.S. Court of Appeals in New York City. This case focuses on the constitutionality of the Defense of Marriage Act, known as DOMA, which became federal law in 1995.
The opponents of Prop 8 believe the law is unconstitutional because the ban treats gay couples unfairly, which is a violation of the Equal Protection clause in the 14th Amendment to the Constitution. The Equal Protection clause states, “Nor shall any state… deny to any person within its jurisdiction the equal protection of the laws.” The defenders of Prop 8 believe that the federal government doesn’t have the constitutional power to interfere with the state ban because the Constitution does not give the feds the power to regulate marriage. Under the 10th Amendment, powers that the federal government doesn’t have are reserved for the states.
Many observers believe that the Court will overrule the Defense of Marriage Act, the federal law that went into effect in 1996. DOMA expressly states that the United States government does not recognize the legality of gay marriage. In the U.S. Second Circuit Court of Appeals, the plaintiff Edith Windsor, a widow legally married to another woman argues that DOMA violates the Equal Protection Clause of the 14th Amendment because the Internal Revenue Service sanctions more favorable tax rules for heterosexual couples than it does for same sex couples. The Justice Department under President Obama feels DOMA is unconstitutional and has declined to defend the law. Former Attorney General John Ashcroft who represents the supporters of DOMA argues that the Supreme Court should be hesitant overruling a law approved by the other two branches of the United States government.
Even though both cases concern gay marriage, the issues for each differ. In the Prop 8 case, nullification of the California law would effectively nullify the state laws in 41 states that ban gay marriages. If the court nullifies DOMA, the ruling would only apply in the states that permit gay marriage and would give the gay married couples in those states the same kind of tax and healthcare benefits under federal law that heterosexual couples enjoy. It would be easier politically for the court to nullify a federal law that is relevant in a few states than it would be to end state laws in 41 states. But the nullification of both the state and federal statutes is the only way to ensure the freedom that all Americans should enjoy without the government poking into their personal lives.
The prospects for giving gay couples equal rights under the law are there. On the Supreme Court, there are obvious blocks of four liberal and four conservative justices. The ninth justice, Anthony Kennedy is the swing vote. Supporters of gay marriage note that in Lawrence v. Texas in 2003, Justice Kennedy ruled to nullify a state law which discriminated against gay couples. If Kennedy and the four liberal justices rule that DOMA is unconstitutional, the court will do what it did in the Lawrence case which is to give gay couples the same rights that heterosexual couples enjoy.
Support for gay marriage will only grow over time. Demography and history suggest that it is just a matter of time until gay Americans can shake off the stigma of second class citizenship.
Thomas Jefferson believed that political equality was an unstoppable force in a democracy. History supports Jefferson’s theory. In 1896, most Americans accepted send class citizenship for blacks as the natural order of things. So did the U.S. Supreme Court which ruled that year that the agency that ran the trolley cars in New Orleans did not violate the equal protection clause when it arrested a black person, Homer Plessy for riding in a car reserved for whites. By 1954, the public turned against segregation and so did the Supreme Court in Brown et al v. the Topeka Kansas Board of Education. In Brown, the court ruled that Linda Brown, a black elementary school student, had the constitutional right to attend the all white school in her neighborhood. The Equal Protection clause in the 14th Amendment didn’t change between 1896 and 1954 but the justices and public attitudes did.
The ruling in Brown paved the way to blacks to start the long journey from second to first class citizenship. It took blacks years for black Americans to enjoy their right to equal protection under the law. Hopefully, Edith Wilson will enjoy her day in the sun like Linda Brown. Conservatives and Republicans can slow the train of freedom but they can’t stop it.
In their book, Millennial Makeover, Morley Winograd and Mike Haas noted that a large majority of adult Americans under 30 years of age were very supportive of gay marriage while seniors strongly opposed the idea. So it’s just a matter of time until gay Americans shake the shackle of second class citizenship.
UPDATE: What do you win? Whoever catches the most errors wins BTB crap!!
Yes we sell logo crap – or, more exactly, Cafe Press sells fine quality products with a BTB Logo. We don’t push it on you, but it’s there for those who want to proudly show your local coffee klatch, your gym buddies, or your nosy neighbors that you read the musings of Jim and Rob and the gang (you have permission to pretend that you skip right over mine).
So if you win, I will buy you your choice of: a BTB Mousepad, a BTB large mug (I have them, they are great coffee cups), or (drumroll please) a BTB tote bag which is great for trips to the beach or slogging home groceries from environmentally conscious overpriced organic-only co-op neighborhood hippy-chick avocado stands (don’t mock – they make the best guacamole).
One week from today, I’ll announce the winner (which should be pretty damn obvious anyway).
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.