Tag Archives: Women’s Rights

Welcome to the new Civil War

Welcome to the new Civil War

In a recent discussion with a friend, I mentioned how news pundits constantly use the phrase: “Our country has not been so ideologically divided since the Civil War.”

My friend’s question was “why the Civil War analogy…?  The following piece tends to address this question.

Salon

Lincoln’s unfinished war rages on, as the neo-Confederacy tries to turn back the clock on women, gays, God and guns

On a repeat viewing of Steven Spielberg’s “Lincoln” over the New Year’s holiday, a scene I had barely noticed the first time jumped out at me. Confederate vice-president Alexander Stephens (played with reptilian gentility by Jackie Earle Haley), in a secret meeting aboard a steamboat with Abraham Lincoln and Secretary of State William Seward, faces up to the reality that the era of slavery has come to an end. Ratification of the 13th Amendment, Stephens muses, will destroy the basis of the Southern economy and the South’s traditional way of life. “We won’t know ourselves anymore,” he says.

If only it had been so. What an affluent slave owner like Stephens feared most, no doubt, was the utopian vision of “radical Reconstruction” imagined by legendary abolitionist Thaddeus Stevens (Tommy Lee Jones in the movie), in an earlier conversation with Lincoln in the White House kitchen. Stevens envisioned a future in which all the land and property of the Southern aristocracy would be dispossessed and divided among the emancipated slaves, building a new society of free soil and free labor amid the ruins of tyranny. To put it in contemporary social-studies terms, Stevens hoped that by uprooting and destroying the South’s slave economy, one could also replace its culture.

It didn’t quite work out that way. You can’t boil one of the most tumultuous periods of American history down to one paragraph, but here goes: Lincoln was assassinated by a domestic terrorist and replaced by Andrew Johnson, who was an incompetent hothead and an unapologetic racist. Within a few years the ambitious project of Reconstruction  fell victim to a sustained insurgency led by the Ku Klux Klan and similar white militia groups. By the late 1870s white supremacist “Redeemers” controlled most local and state governments in the South, and by the 1890s Southern blacks had been disenfranchised and thrust into subservience positions by Jim Crow laws that were only slightly preferable to slavery.

So even though it’s a truism of American public discourse that the Civil War never ended, it’s also literally true. We’re still reaping the whirlwind from that long-ago conflict, and now we face a new Civil War, one focused on divisive political issues of the 21st century – most notably the rights and liberties of women and LGBT people – but rooted in toxic rhetoric and ideas inherited from the 19th century.

Edit Note:  Emphasis are mine

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Filed under GOP Hate-Mongering, The Great American Divide

Scalia: Women Don’t Have Constitutional Protection Against Discrimination

Once again, Justice Antonin Scalia appears incourrigible in his delusional view of American civil liberties…

Huffington Post

The equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gender or sexual orientation, according to Supreme Court Justice Antonin Scalia.

In a newly published interview in the legal magazine California Lawyer, Scalia said that while the Constitution does not disallow the passage of legislation outlawing such discrimination, it doesn’t itself outlaw that behavior:

In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.

For the record, the 14th Amendment’s equal protection clause states: “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.” That would seem to include protection against exactly the kind of discrimination to which Scalia referred.    More…

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Filed under Justice Antonin Scalia, Uncategorized, Women's Rights

Teachers Unions Pile On DeMint[ed]: ‘Ignorance And Discrimination Go Hand In Hand’

Senator DeMinted (R-SC) is under fire, as well he should be…

Huffington Post

Joining several LGBT and women’s rights organizations, the nation’s two major teachers unions are now coming out and criticizing Sen. Jim DeMint’s (R-S.C.) recent comments that openly gay individuals and unmarried pregnant women should be barred from teaching in public schools.

“We thought these battles had already been fought and won decades ago,” said National Education Association (NEA) Government Relations Director Kim Anderson. “This is one of the reasons why the NEA has fought for civil and human rights ever since its conception 157 years ago, and we want qualified people in the classroom, and it doesn’t matter whether they’re married or what their sexual orientation is.”

When asked whether DeMint should apologize publicly for his remarks, Anderson replied, “I hope that voters will make their minds up clearly and send a message to him about what his policy statements should reflect.”

The American Federation of Teachers (AFT) is run by Randi Weingarten, who is out as an openly gay woman. “On a personal level, as a gay woman, I am very disappointed that a senator would place more emphasis on who we are as human beings than on what we do as professionals,” said Weingarten in a statement to The Huffington Post. “That is not the UNITED States of America that was on display at last Saturday’s One Nation rally in Washington, D.C. That event better reflected the country that I know and am proud of.”

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Filed under Sen. Jim DeMint