Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts

Monday, April 02, 2012

Supreme Court Voids Fourth Amendment


Apparently the Fourth Amendment to the U.S. Constitution, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized," doesn't mean what you thought it meant.

The U.S. Supreme Court today ruled that "Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed," (translation: strip searched, including full body-cavity search) even if "the detainee" has been arrested only for something as trivial as a traffic violation. Of course it was a five-four vote, with the four right-wing justices joined by right-moderate Kennedy, and opposed by the four alleged right-liberals on the bench. Thus with the stroke of a pen, one of the supposed bedrocks of American civil rights, one of the very bill of rights itself, is gutted.

The New York Times reports on the case of a man arrested for speeding and held in error on an outstanding warrant: “Turn around,” Mr. Florence, in an interview last year, recalled being told by jail officials. “Squat and cough. Spread your cheeks.” Yes, that is now legal. With absolute impunity, according to the alleged final authority on the law and the U.S. constitution.

Women and black people have long understood the limitations of legal protections written two hundred years ago by a bunch of rich, white male slaveowners, but now it's clear to everybody: "The right of the people not to be searched in their persons" does not include protection from cops looking up your asshole on their whim. Not according to a bunch of crazy right-wing Republican congressmen, but according to the fucking Supreme Court of the United States. And you thought the ruling that brought us "corporations are people" was a problem.

Don't mourn, organize.

A note on the paucity of posts here in the last week: I've been busy with the real world, which is a good thing. Building for my local Occupy group, including our push for May Day celebrations, "a day without the 99%." But I've also been fuming over the Trayvon Martin case, so angry at white America's anguish over George Zimmerman I've been scarcely able to organize my thoughts. I'm not sure which rediscovery is worse: the way racism is revealed to be so deeply woven into the fabric of white American culture, or the absolute inability beyond mere denial of white Americans to even acknowledge the possible existence of that racism. From liberals like the NY Times' columnist Gail Collins suggesting the issue at the center of the Martin tragedy is "gun control," (as though limiting rope sales would have effected anything in the era of lynching), to people posting (false) pictures of an allegedly gold-toothed Martin (to what, prove he deserved to die?) that have been spread by outright fascists like Stormfront and eaten up by white Americans unwilling to understand the real world, I've been disturbed and demoralized to the point of inarticulateness. But here we are. Hopefully my voice is coming back. —ISH

Tuesday, August 10, 2010

This Is What the Right Wing Wants to Erase


No, the picture above is not a preview of the next teabagger rally in Washington D.C. But it's not as far fetched as you might think.

Now many horrible things have been done in the name of the U.S. Constitution. Its history is bound up with slavery, with genocide against native Americans, with the deprivation of the rights of women, with imperialism and neocolonialism, and not least of all, the class rule of the moneyed aristocracy and its corporations and its elite political parties. That said, as an evolving statement of rights, better the Constitution than arbitrary dictatorial rule. There are some progressive things in the Constitution, especially in its elaboration of the rights of citizens, and one of the most progressive is the amendment passed after the civil war to make sure former slaves were not disenfranchised. Which, it must be said, it failed to actually do.

That amendment, the 14th, is the one that the Republican Party is now suggesting be jettisoned. Here's some of what it says:

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Read that, it's powerful stuff. This is what the Republicans and teabaggers now want to eliminate in their racist campaign against immigrant workers.

Section 2 of the amendment spells out how only men--and not including Indian men--are to be counted for determining proportional representation. But then we get to something else interesting:

"Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void."

Interesting, and one has to believe not at all coincidental, that the amendment the right wing is targeting also has this clause in it, since they profess to be outraged about budget deficits (except those caused by wars or giving tax breaks to rich people).

It needs to be emphasized that that first section is not just about the birthright of citizenship. It's also about that last "equal protection clause" that has been used repeatedly to fight discrimination and advance civil rights. It's been used for racial minorities, for women, and for gay people. It's actually pretty fundamental to a progressive view of the Constitution and its outline of democratic rights. That the right wing is explicitly renouncing this amendment, even if they're only talking loudly about that first sentence, I think is a radical and qualitative marker in the evolution of right-wing American politics.

I think it's outrageous even symbolically that they want to repeal an amendment that is so bound up with the civil war and the end of racist slavery. And it's telling that they feel no shame in doing so. Are they also heating up their irons and getting ready to make sure those white sheets are nice and wrinkle-free?

(Art of 1925 KKK rally in Washington DC snagged from TimLennox.com.)

Sunday, February 07, 2010

Don't Ask - Don't Tell? No. Don't Enlist!


This week, following President Obama's lead, the US Senate held hearings about repealing the "Don't Ask, Don't Tell" law that congress enacted under President Clinton. DADT, as it's called, was originally meant to reform anti-gay policies in the military, but in the end became license for a witch-hunt in the armed services resulting in the discharge of thousands of lesbian and gay servicemembers.

It was pretty amazing to hear figures like Admiral Mullen call for the extending of this civil right to lesbians and gays. Even General Colin Powell has now come out for its repeal, and he was instrumental in the passage of the law in the first place. Typically, Republican dinosaurs like John McCain and a host of social conservatives have defended the law, some like war criminal Oliver North with outlandish claims.

It should go without saying that discriminatory laws like DADT should be repealed. That's basic equal rights. But for me, the real question is why would any self-respecting lesbian or gay man want to join the armed forces? Why would anybody want to join the armed forces?

I'm not stupid. I understand that the military is a job with benefits in an era when jobs with benefits are scarce. I wish I had a job with benefits myself. I understand that many people join the military out of a desire to contribute to society, to defend the nation against attack, to defend their families against future danger. I get these things. But I think that the good will that leads some people to join the military is misplaced; the military, by its very nature, bends that good will to its own ends.

I question those who want military careers; and I question those in the gay community who make this civil right greater priority than others our communities also lacks. I question making DADT-repeal higher priority than solving other issues facing us -- as Americans with our trainwreck economy and nightmarish healthcare system. It's one thing to say that DADT repeal might be possible given the turn of the top brass' opinions, or to suggest that government should be able to reform more than one societal crisis at a time, but as for my values, DADT reform ranks very very low.

My father, Peter Horst, was drafted in the 1950s. The Korean war was over; he was not threatened with shipment to some futile overseas war. He refused his draft notice saying that military service was incompatible with his religious beliefs, religious beliefs based on "love" being the highest human calling. When asked what religion he belonged to, he replied that these were his own personal beliefs. A long law suit ensued, which, I believe, went all the way to the Supreme Court.

The U.S. District Court fot Michigan, in acquitting Peter Horst
of the charge of refusal to accept induction into the armed forces, interpreted the statutory definition of religious training and belief to mean "any belief, orthodox, or unorthodox." The court also held that Congress did not intend "that a registrant's claim of exemption—must carry with it any concept of fear of religious sanctions, such as punishment after death or excommunication from the church ..." The court ruled that the appeal board had misinterpreted the meaning of religious training and belief in denying the defendant a CO. classification because his description of the Supreme Being as "God's Love" raised doubts in the minds of the appeal board members that the defendant's claim was based upon belief in a Supreme Being as envisaged by the draft law."


His conscientious objection back in 1957, and his commitment to choosing alternative service (which he did with the American Friends Service Committee in Mexico; my birthplace) makes refusal of military service something I consider a family legacy. I, myself, was luckily born a small handful of years shy of being subjected to the draft for Vietnam.

Vietnam was, however, the backdrop of my childhood. I remember the nightly casualty reports. I remember the footage on nightly TV. I remember the peace marches. And if you think Iraq or Afghanistan is a war, with relatively few American casualties and the civilian victims of American weapons largely kept off camera, Vietnam was a WAR writ large in the media. Blood and death were everywhere in print and TV; and the casualty figures from that war make today's conflicts pale by comparison. As I've written elsewhere in this blog, the best thing about the Vietnam War is the way it ended, with the route of the US forces who didn't belong there in the first place.


Times have changed and the draft is gone. Ironically, being gay -- or claiming to being gay -- was one of the time-honored ways for getting out of being used as involuntary cannon-fodder. Now people join the military more or less voluntarily; economic crises and coercive video-game military recruiting efforts notwithstanding.

But what does it really mean to join the armed forces? The military is the brute force of American foreign policy overseas.
It is the instrument through which the United States forces its will upon the other nations of the world. Its defensive capabilities are secondary to its offensive capabilities: witness the US response to 9/11. All those brave men and women who signed up to defend the US from attack by terrorists were then cynically used as instruments in the utterly unprovoked aggression that was the US attack on Iraq.

Much has been made over the dozens of gay Arabic-trained linguists discharged from Pentagon service. One could look at this as stupidity on the part of the government that could use more Arabic speakers. But I look at this from a different perspective: the utter corruption of wanting to sell one's knowledge of Arabic to the subversion of Arab nations and the subjugation of Arab peoples to the will of US foreign policy; policy which despite some of President Obama's more pacific and diplomatic statements remains fundamentally aggressive.

I recognize there is a cultural gulf here. I know people who are veterans; I know others who are in the reserve. I'm not saying these are bad people. But what I'm trying to say here is that just as we gay people have fought for a transformation in our relationship to society as a whole, so all Americans need to fight for a transformation of American consciousness as a whole.

The big lie here is that military service is a job. That killing people on the orders of a giant machine is a job. That having a "job" like that absolves one of the personal responsibility of holding life-affirming values. American soldiers are brainwashed to crush their own sense of self in subordination to the needs of that armed machine; to enable them to do horrible things to (foreign) people on demand without staining their consciences. This might be sound military thinking, I don't know. But what I do know is that such sound military thinking is antithetical to my values. The lives of Americans in the military are sacrificed daily on an obscene imperialist altar. The troops -- regular people like you and me -- are trained to take the right and duty to decide who among the regular people in front of them -- only a little less like you and me -- might be killed. It doesn't have to be this way.

National service shouldn't be channelled into the military-industrial complex. People who want to defend the ones they love shouldn't be taught to abandon their own moral compasses; shouldn't be made to behave like trained attack dogs.

Why is the military leading relief efforts in earthquake-struck Haiti? Why are people who signed up to guard the US against attack being shipped off to invade other nations? When the US sends its drone aircrafts to spy on and assassinate people across the globe, what right does the US have to execute people -- suspected terrorists or no -- without benefit of judge or jury? If you're the one being attacked, how is sitting in an office building and being attacked by murderous hijackers wielding a jet plane any different than sitting in a shack in Pakistan and being attacked out of the blue by a lethally armed model airplane? Our shared humanity should be our moral compass, and we shouldn't have to set that aside when we want to give something back to our country.

No matter how many gay people are allowed to eventually join the military, it will never be an army of lovers. It's just not its nature. So Ask! Tell! But don't enlist!

(A note on the art: the top picture of soldiers wearing makeup is from the Revolutionary Beijing Opera "Taking Tiger Mountain By Strategy" of Chinese Cultural Revolution fame; the picture of the soldier in a dress is of course Corporal Klinger of the M*A*S*H TV show).