coram nobis

Last active
3 years, 2 months ago
  • If SCOTUS upholds Prop 8, what happens to the 18,000 marriages completed during the previous period when they were legal (i.e., after the original California Supreme Court ruling and Prop 8 passage)? Because the wording, on its face, says merely, “Only marriage between a man and a woman is valid or recognized in California”. California Supreme Court said the marriages were valid at the time, but how would SCOTUS rule?

    Disclosure: one of the marriages was mine.

    I’ve got a bad feeling about these cases.

  • It is odd that the Supreme Court would take on a case and have doubts about standing, but theyve done it before. Remember Newdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 (2004)? They actually heard Michael Newdow out on the -under God- bit in the schools Pledge of Allegiance, but then decided that he lacked standing as -next friend- to his noncustodial daughter. No hits, no runs, no errors, and no one left on.

    Pity, in a way, because the Court could have applied Lemon v. Kurtzman and given us the Lemon Pledge Test.

  • Ms. Jamis and Ms. Johnson now have standing to sue — and remedies are not just for monetary damages but for injunctive relief; that is, the revocation of the anti-marriage laws of the state of North Carolina, not just Amendment 1.

    So let it begin. Jamis v. North Carolina et al. God speed them!

  • Pam: regarding the WaPo story on Mitt’s assault on a prep-school classmate — do read the story, all, it’s a vicious matter — here is a followup at TPM. (Homophobic bullying? Yes, but it’s also assault with a deadly weapon. He also assaulted a teacher, I see.)

    The campaign is approaching Mitt’s high school friends to tamper with their witness testimony give supporting remarks about Romney.

    I wonder how much campaign money they will offer each of them? And whether this will be another case of the coverup being worse than the original offense?

  • I am Barack Obama, and I did not approve this message.
    - – -

    (upwelling strings in background, faux-Copland)

    ANNOUNCER (rich baritone): It’s morning in Barack Obama’s America. Equality gains ground.
    CLERK AT DESK (to same-sex couple; sign in background says “Dept of Motor Vehicles”): I now proclaim you (peers at paper) domestic quasi partner and quasi domestic partner. Congratulations. Next.
    ANNOUNCER: The economy is moving again.
    CLERK AT UNEMPLOYMENT AGENCY: Number 12,337. Next!
    ANOTHER SAME-SEX COUPLE (moving forward in unemployment line): Well, that’s two steps forward.
    ANNOUNCER: America is strong again.
    MILITARY SAME-SEX COUPLE (pinned down in foxhole under fire): I thought we were making progress.
    SERGEANT (next foxhole): Well, you’ve got togetherness now, dontcha? OOH-RA! OOH-RA!
    ANNOUNCER: The nation is hopeful again.
    OBAMA (addressing convention): The lesser of two evils is indeed a lesser evil. A nation’s hopes will change. A tree grows in Afghanistan. Tomorrow is history. Audacity will soar. Prosperity and congeniality will walk together. (cheers)
    ANNOUNCER: We shall prevail. (strings and Mormon Tabernacle chorus going “ahh-ahh-ahh-ahh” rise mezzo-forte, close with logo Obama 2012.)

  • I sympathize, Pam. It’s a kick in the teeth, and as someone who was in California in 2008, I know something of that. I’m still getting jabs from liberal Democrats, some in my very own church, who say that I should shut up about the issue and move on — or, worse, that if we don’t shut up, it’ll cost the Democrats the next election and it’ll be all our fault.

    The President’s statement had a lot of symbolic value, but conceding it to the states is somewhat tone-deaf of him — as we saw Tuesday, we’re losing the states, 30 of them now. And it’s only May: by proclaiming it now, it’ll be forgotten by Labor Day.

    You’re right about Romney in the White House. If he wins, he may do what George W. gave his base: a lot of feelgood rhetoric about amendments against abortion and gay marriage, but not once penny of political capital. Same with Obama: we’ll get more ringing speeches about equality in 2013 and after, but probably, in the same breath, a concession that it’s up to Congress and the states and he doesn’t have the votes.

    Maybe we should see what the Occupy movement can teach us.

  • Yes, the Dems need to get control back from the Vichy faction. However, one thing that may have forced Obama’s hand was that a number of state party chairs, including California’s, wanted to have a marriage-equality plank in the national platform. Last thing any party wants is a battle in the Platform Committee with the cameras running, esp. in Charlotte, NC. (Yes, I realize the Charlotte/Mecklenberg vote was in our favor, but the party’s convention in NC required some response, and a plank would do.)

    And if this was a gesture at the youth demographic, you’re right, it’ll take more recognition of the Occupy rage. The kids aren’t all right, especially with their student loan interest rates about to rise, and it’ll take more than eight bars of Glory Glory Hallelujah to bring them in.

  • Yes, it would be nice if a third party candidate emerged as a possible winner, and not just a spoiler — that is, a popular leader at the head of a populist movement. Last one was Teddy Roosevelt, exactly 100 years ago, and none such has emerged at this point in the election cycle. I’m mindful about Obama’s signing detention laws and waging drone wars and extending our surveillance state to Orwellian levels. I’m even mindful that what he gave us today was an emancipation proclamation, with half the states still in rebellion and a civil war to fight.

    Got any viable alternatives? Or are you willing to organize a third party over the next 4 years and then have something to show?

  • Well, nice. Maybe he realized that those who are viscerally opposed to same-sex marriage, or unions, wouldn’t vote for him anyway. Still, it’s a proclamation of emancipation, not the end of the civil war, let alone inequality. The timing is also important: it’s only May, and by October we may have a financial crash or an Israeli attack on Iran, so there’ll be other things to talk about.

    Sure, it’s a fine thing. But it’s not the jubilee.

  • Regarding POTUS and SCOTUS: it’s worth reminding POTUS that when he was a toddler, if his parents had moved to California they might’ve had trouble finding a place to live, since racial discrimination in housing was enshrined in the state constitution. By popular vote. If his parents had moved to other states, their interracial marriage might not have been recognized; in states like Virginia they might have been criminally prosecuted, as Richard and Mildred Loving were.

    Took a swift kick by SCOTUS in both instances, in the face of public opinion. It helps if somebody leads, however, and not wait for public opinion to “evolve”. Damn, he’s got a short memory.

  • You’ve got a point about the Mecklenburg County vote. That being said, the convention should put a marriage-equality plank in the platform, and make a point.

    It’s the least they can do.

  • Maybe to a state that is still debating the subject. Seattle would be a good venue. Any other states where it’s still on the ballot? It’ll give Obama a chance to plant his flag.

  • Signed and forwarded. I used to be on the county and state central committees and gave longtime loyalty to the Party. Time for reciprocity. Or I leave.

  • So. Is the DNC going to move the 2012 convention someplace else? Charlotte doesn’t seem to be a good venue for some reason. Might ask them about that.

  • coram nobis commented on the blog post Breaking: 9th Circuit States Prop 8 Unconstitutional

    2012-02-07 12:26:50View | Delete

    The ruling appears to be unique to California, with a comprehensive RDP law and marriage. Also, the ruling narrowly focused on whether the people of California, through its initiative process, could target a subset of the population and revoke a right under the state constitution, one already granted. Very narrow 14th Am. question, and based on the SCOTUS Romer v. Evans ruling.

    No new right to marriage, no new strict-scrutiny test far as I can see. And the stay remains (buried in a footnote according to Prop 8 trial tracker.

    And this was a 3-judge panel ruling. Possible appeal to 9th Circuit en banc. A SCOTUS appeal is possible, but this panel was cunning enough to craft a narrow ruling that the full 9th and SCOTUS would have difficulty with. One thing to deny rights that no court has seen before, something else to quibble over how to interpret Romer.

    In any event, it’s not the final word and that won’t be coming for some time. A nice moment, but only a gain of a few yards, not the end of the game.

  • coram nobis commented on the diary post Commenting seems to be disabled on this diary… by UT Lifeboat.

    2011-10-18 10:46:00View | Delete

    It’s a long story, and you may want to scroll back to the first “UT Lifeboat” posts.

  • Not a good week for bishops. The one in Kansas City just drew an indictment.

    Is the Dept. of State going to seek sanctions against the Vatican? No?

  • Checked with the Globe and Mail , no word from Ottawa and their Justice Minister as yet today. But I also found this interesting bit about the Canadian military comparing native peoples’ protests to terrorism. Which suggests (1) that First Nations protests of the Keystone XL pipeline may run into harsh treatment and (2) the Harper [...]

  • Juan Cole (hyperlinked at bottom of Glenn’s article) had a point, that the Iranian “agent” seems to be a latter-day Maxwell Smart. Worth remembering that the U.S. has had past espionage attempts that were also (1) incompetent and (2) something the U.S. made a BFD out of. In WWII, of course, was the Quirin spy [...]

  • coram nobis commented on the diary post The UT Lifeboat: a site to comment on Glenn Greenwald’s articles by UT Lifeboat.

    2011-10-11 09:35:03View | Delete

    I was already here as a longtime commenter at Pam’s House Blend. The FDL system seems to provide a lot of what Helen calls for. PHB’s old site did have formatting buttons and a good archive, although not the ability to edit comments — once written, they’re written. Still, it’s a good community. California commenters [...]

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