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Law 
Thu Aug 05, 2010 at 06:15:01 AM MST
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Depending on what study and what definitional criteria one wants to use the number of LGTB citizens is between 4% and 20%. It does not matter at all to me what this number is as I have had gay and lesbian family members, close (best) friends and acquaintances all my life. They were never "my lesbian friend" or "my gay cousin" they were just the people in my life and that they were family or a good friend has always been a hell of a lot more important than who they liked to frolic under the sheets with.
Still the fact of their sexuality was always an issue. Even if I didn't care, the rest of the world seemed to and this made them have to lead their lives differently for fear of being attacked or just legally discriminated against. It still breaks my heart on a daily basis to see good people who just want to live their lives like every other citizen having to hide or downplay what and who they are because of the irrational prejudice against them.
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Wed Aug 04, 2010 at 12:45:15 PM MST
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( - promoted by Fong)
First, as a former frequent poster on that other political blog (TOPB, from now on), and soon-to-be frequent poster on this one, I thought I'd start with a little introduction of myself as a blogger. One thing that is a bit different about my approach is that I am more focused on fundamental principles, systemic structure and dynamics, and, in general, overarching abstractions, than I am on the particular vessels and driftwood floating on their currents. Some of my posts frame typical political fodder in this way, and some don't get to the fodder at all.
I'm writing that disclaimer because this diary, for the most part, is of the latter variety. It's not about the hot events of the day, the battling candidates, the particular policy proposals in the pipeline, but rather about an overarching principle, one which we forget in the heat of our passions and the hunger of our will.
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Tue Jun 22, 2010 at 06:18:21 AM MST
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Yesterday was a bad day for the First Amendment. The Roberts Court ruled in a 6-3 decision that the material support law was, under the strict scrutiny test, constitutional. At issue was whether human rights groups can provide educational services to groups designated as terrorist without being in legal danger themselves. The High Court found that there was sufficient State interest in this area to limit free speech protections and limit them severely.
The Center For Constitutional Rights (CCR) were part of the legal team that brought the suit. They argued that the definitions of "material support" were overly broad and vague. Some of the words at issue were "expert advice", "training", "service" and personnel". These words can cover a lot of situations that have nothing to do with terrorism and everything to do with bringing terrorist groups into the political process and ending their terrorist activities.
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Mon May 17, 2010 at 13:00:00 PM MST
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Justice is the elusive concept of balance. The idea that the damage which a crime inflicts on society it balanced by the fining or incarceration of the person convicted of the crime is one of the ways that we balance the scales. This too often lost on those who feel that incarceration is only for the purpose of punishment and that there should be no rehabilitation component.
This kind of thinking leads to ideas like three strike laws, which allow the sentence of imprisonment for life to be levied on anyone who commits three felonies. This is regardless of the nature of the third felony. It is because of these kinds of laws that we see convicted felons sentenced to life behind bars for the crime of stealing a bicycle.
Today the Supreme Court of the United States issued a ruling which does not address threes strikes laws, but does address the imposition of . In Graham v. Florida the SCOTUS was asked if it was unconstitutional for states to be able to sentence juvenile offenders to life without the possibility of parole, if their crimes did not involve a homicide.
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Mon May 10, 2010 at 06:37:06 AM MST
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If one wants to make a statement that will not get any argument, then saying that the United States faces a whole folio of problems is the one that to choose. The high profile ones are well known, but that does not mean that we don't have others which should have been hovering in the background waiting for a legislator or president to address. One of these is the huge and growing prison population. In 2008 there were a total of 7.3 million Americans in prison, jail or on parole.
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Mon May 03, 2010 at 14:00:00 PM MST
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There are times when I find a little, mild, sympathy with the view of some of my fellow travelers on the left that the national parties really are not very different. For example the difference between the Obama administration on national security issues and the Bush administration seems to be a matter of degree, not a stark delineation. Then I see an example of what the Republicans are capable of and it becomes clear that while Democrats might be weaker in many areas than we would like, they are in no way really like their counterparts.
The best example of this is the Attorney General of Virginia Ken "Cooch" Cuccinelli. You might remember his as the AG who insisted the Universities that get state funding follow the Commonwealth of Virginia down the path of not protecting employees on the basis of sexual orientation. He has been unapologetic in insisting that if they do so then they are in violation of the law.
It would be a good example of the difference between the parties if that were all there were to it , but AG "Cooch" has not stopped there. He is really intent on getting on the crazy train. He has signed on to the frivolous and wasteful lawsuit against the Affordable Care Act (the health insurance reform bill). The claim that it will only cost the Commonwealth the $350 filing fee is spurious on the face.
He is also now going after climate change scientists. His office is demanding the UVA hand over the documents of one Dr. Michael Mann, a climate researcher. They are looking for all of his e-mail and notes when working on a graph showing a deflection point in global warming.
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Mon Apr 26, 2010 at 06:48:10 AM MST
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When I was 11 or 12 I went on a long road trip with my Dad. It was on this trip that I learned about the law. Not the laws or the practice or the procedure of court cases, but the reason behind having laws. The law is an attempt at balance. Just that, an attempt at finding balance between the harm done, by people, by businesses or by governments and those who are harmed.
The attempt part is important because finding balance between multiple competing claims of harm is difficult at best and Sisyphean at worst. When looking at crimes against a person or property, the remedy is often clearest. If someone takes your car, you want it back and you want to be relatively sure they will not do it again.
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Fri Apr 16, 2010 at 06:33:28 AM MST
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There a few places in my life where I am a minority. Being left handed, being blue-eyed and being an atheist. Only the last one is ever a problem, and while it is not the same as being gay or an easily identified ethnic minority, there is a level of discrimination that is often invisible to those not part of this minority.
The base state assumption in this country is that you have a religion. For the most part people don't pry but if you mention that you have no faith, that you are confident the universe is a natural phenomenon then you very often become instantly the "other".
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