Law


Gay Rights & Law & Privacy28 May 2008 12:26 pm

If you’re a straight person who thinks that the gay marriage issue isn’t really relevant to you, you should take a moment to consider one thing: The same people that have a big problem with what gay or lesbian people do behind closed doors have just as big a problem with what lots of straight people do behind closed doors.

I’m not talking wild and kinky stuff, like anything other than the missionary position. No, long before the religious right got up in arms about queers, they were trying to stop straight people from having non-procreative sex. And they were so successful that they had succeeded in banning the use of birth control in several states.

In Connecticut, there was a law that said: “Any person who uses any drug, medicinal article or instrument for the purpose of preventing conception shall be fined not less than fifty dollars or imprisoned not less than sixty days nor more than one year or be both fined and imprisoned.” Further, any doctor, pharmacist or other person who “assists, abets, counsels, causes, hires or commands another to commit” the offense could be prosecuted and punished in the same way.

In 1965, in a landmark case called Griswold v. Connecticut, the U.S. Supreme Court ruled that there was inherent in the U.S. Constitution a core of rights around which glowed “penumbras, formed by emanations from those guarantees that help give them life and substance.”

Although a right of privacy is not explicit in the Constitution, a broader right of privacy exists in the penumbra of rights like freedom of association, quartering of soldiers, prohibition on search and seizure, etc. In the judgment of a 7-2 majority of the court, the right of privacy extended to making decisions about whether or not you could attempt to control whether having sex resulted in reproduction.

On June 7, 2008, the 43rd anniversary of the Griswold decision, the religious right is working to mobilize a nationwide protest called “The Pill Kills Babies.” And just in case you had any question about whether they are talking about the famous “Morning After” pill, the logo on their website — http://www.thepillkills.com — includes the familiar round pill case containing one month’s dosing of the regular old standard birth control pill.

According to their website, every prevented pregnancy is an abortion, meaning more than 11 million “chemical abortions” occur each year, with more than 324 million “chemical abortions” — nearly the entire US population! — since 1973.

So, in case you think the fight against gay marriage isn’t relevant to you, it’s only the tip of the iceberg in terms of what the forces of religious morality have in store for us all.

Please remember that when you talk to your friends and family about what those crazy queers are doing out in California.

Law & Politics & Privacy17 Aug 2006 01:32 pm

An article at Findlaw.com discusses today’s news: a federal judge in Michigan has ruled that the Bush Administration’s warrantless wiretapping program is unconstitutional and violates numerous federal laws.

Today’s decision is a powerful and sweeping indictment of the Bush Administration’s practice of ignoring laws and the Constitution when it doesn’t suit their vision of what presidential power is. The decision of the judge focuses on the fact that there are laws governing how to get wiretaps, and the Bush Administration has brazenly and willfully ignored them.

The judge also rejected the administration’s claim that the case should be thrown out because it involves “state secrets.” In rejecting that claim, the judge pointed out that she didn’t need to see a single secret thing to review whether they’d followed applicable laws and constitutional processes.

Attorney General and torture memo guy, Alberto Gonzales, said in a press conference today that he had documents in his office safe that would show why the warrantless wiretapping is both necessary and legal. As my friend and old law school prof Jonathan Turley said tonight on Countdown: “Unless he’s got a federal authorizing statute in that safe, it’s irrelevant.”

Here are some juicy quotes from the decision, as reported by CNN.com :

The defendants “are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program in any way, including, but not limited to, conducting warrantless wiretaps of telephone and Internet communications, in contravention of the Foreign Intelligence Surveillance Act and Title III,” she wrote.

She declared that the program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III.”

Her ruling went on to say that “the president of the United States … has undisputedly violated the Fourth in failing to procure judicial orders.”

The decision can be read here.

Of course the Bush Administration is appealing the decision.

Law17 May 2006 09:57 am

History often repeats itself, especially when idiots fail to learn from it. So after reading this article on CNN today, I’m counting the hours till I see a court case titled “Loving v. Black Jack.”

The AP wire story says:

The [Black Jack, Missouri] City Council has rejected a measure allowing unmarried couples with multiple children to live together, and the mayor said those who fall into that category could soon face eviction.

Olivia Shelltrack and Fondrey Loving were denied an occupancy permit after moving into a home in this St. Louis suburb because they have three children and are not married.

What caught my eye was the last name, Loving. That name is well known to civil rights attorneys… indeed to any attorney who didn’t sleep through Constitutional Law class. Loving v. Virginia is one in a long line of aptly named lawsuits, a landmark 1967 civil rights case in which Virginia’s ban on mixed race marriages was declared unconstitutional.

How could the nitwits in Black Jack, MO, be so silly… this kind of bald-faced symmetry just won’t work in Hollywood. It’s too trite. I mean, come on! Maybe their twist will be that Black Jack will sue them to evict Loving and it can be Black Jack v. Loving. Or maybe a different plaintiff… somebody named Bumpkin? Yes… the Bigoted Bumpkins of Black Jack v. Loving has a nice ring to it.

Homeland Security & Law & Religion14 Nov 2005 03:26 pm

My Bible tells me it was the evil Roman Empire who used torture to oppress those sharing truth and knowledge. The evil Soviet Empire built gulags to torture and oppress those seeking truth and justice too. Now we learn that the Bush Administration is using former Soviet gulags as secret torture prisons?

Do these twits not understand irony? Actually, irony isn’t the right word. What is the word for something that is ironic, appalling, immoral, unconscionable, and may even border on crimes against humanity? The closest term I can think of is: the official policy promoted by Vice President Cheney.

The hubris, the unmitigated and unbridled gall of Dick “I had other priorities than serving during Vietnam” Cheney going to the U.S. Senate and fighting against a bill written by torture victim John McCain. It really takes some balls to stand before McCain and say that torture should be a legitimate option for interrogating terrorists.

Well, if the Vice President does have such durable testicles, perhaps they might come in handy to prove a point. If our esteemed vice-leader truly thinks torture is useful and in the best interests of the United States, it would be an interesting experiment to have a CIA interrogator drop by the Veep’s office and show him how easy it is to get bad intelligence through torture.

My bet is that if someone attached some electrodes to Mr. Cheney’s testicles, he’d give up every secret he had, confess to the Natalie Holloway murder, and offer to to do Rockette kicks while singing “Happy Days are Here Again”… all before a single volt is ever applied. I’m guessing this because it’s my theory that only cowards would prescribe torture.

Yes, I’m saying that the Vice President is what folks down in Texas would call a “yellow-bellied sum-bitch.” And if the President thinks torture is acceptable, then he’s one too.

Sorry my argument isn’t more fleshed out… still kinda flabbergasted by the brazen obscenity of our country’s leadership.

Law & Politics11 Oct 2005 09:58 pm

Merriam-Webster’s Online Dictionary says:

obsequious (&b-’sE-kwE-&s), (adj.): marked by or exhibiting a fawning attentiveness

For example:

AUSTIN, Texas (AP) — U.S. Supreme Court nominee Harriet Miers told George W. Bush in a 1997 birthday card that he was “the best governor ever” and, in a separate note to her boss, said she hoped his twin daughters recognize their parents are “cool.”

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