Friday, July 10, 2015

Public Employee Welfare Queens

For years, when the topic of same-gender marriage came up in my debate classroom, it was always a heated debate - a microcosm of the outside world. Some felt homosexuals should be allowed to experience the bond of matrimony. Others felt marriage should be one male and one female. And no one, regardless of their position, ever pushed the notion of polygamy, or marriage to an animal, or some other stupid-as-anything argument.

On occasion, I was asked my view on the topic. And whenever this happened, my response was, "I'm not sure the state should have any say in the issuing of marriage licenses whatsoever. Theoretically, marriage is a religious ceremony, not a state issue. If anything, it's a way for county clerks and the local government to make money. So under that umbrella, I don't think the state should have a say in same-gender marriage; nor should they have a say in any marriage.

"However," I would add, "if the government is going to be involved in the marriage industry, it has to be all-inclusive, and not restrictive."


So here we are, several weeks into the NWMO (new world marriage order), following the 5-4 Supreme Court of the United States ruling that it was unconstitutional to prohibit anyone from getting married. And somehow, the hellfires have not rained down upon the United States, the Atlantic Ocean has not crested all of Florida, and life for the most part has gone on the same way it did before the SCOTUS ruling June 26. We don't need to call in the Ghostbusters crew:

Dr. Peter Venkman: This city is headed for a disaster of biblical proportions.
Mayor: What do you mean, "biblical"?
Dr Ray Stantz: What he means is Old Testament, Mr. Mayor, real wrath of God type stuff.
Dr. Peter Venkman: Exactly.
Dr Ray Stantz: Fire and brimstone coming down from the skies! Rivers and seas boiling!
Dr. Egon Spengler: Forty years of darkness! Earthquakes, volcanoes...
Winston Zeddemore: The dead rising from the grave!
Dr. Peter Venkman: Human sacrifice, dogs and cats living together... mass hysteria!
Mayor: Enough! I get the point!


This hasn't prevented some from either trying to find ways of overturning the law, circumventing the ruling, or outright ignoring the decision based on personal, religious reasons. In the immediate wake of the ruling, Focus on the Family put together a webpage with numerous comments on its position. I'm not Christian, but in trying to understand the group's point of view, part of what is laid out seems to make sense, in particular the first part, "What Can Be Done In Response To The Ruling?" (The section "7 Reasons to Support One-Man, One-Woman Marriage" isn't nearly as convincing, and while the SCOTUS ruling does impact the world of those who are homosexual, I'm not truly convinced the list of "9 Ways Redefining Marriage Impacts Your World" really does impact my world.)

I get that some religious institutions are concerned about how they can, or should, go about their business. Some religions are not open to the idea of same-gender unity. I get it. I think most homosexuals seeking marriage understand this as well. And nowhere have I read any argument that homosexuals looking at getting married are going up to churches and ordering their religious leaders to help them tie the knot. A judge, a court clerk, and justices of the peace also have authority to perform a marriage. In fact, some states have laws that permit other persons to apply for authority to perform marriage ceremonies. (For example, California law permits anyone to apply for permission to become a Deputy Commissioner of Marriages - the grant of authority is valid for one day - and thus officiate at the wedding of family or friends on that one day.)

Again, the ruling was to allow same-gender couples to enjoy the same legal rights and status as male-female unions, that one-man/one-woman marriage laws violate the equal protection clause of the 14th Amendment. Marriage, according to the majority opinion, is a "fundamental right" guaranteed by the "due process" clause of the 14th Amendment, and can't be denied to same-gender couples. Nowhere did it force religious institutions to violate their dogmatic beliefs (you know, that whole "separation of church and state" thing).

But my, those roles can be reversed.

Since the decision, a number of county clerks in Texas, Alabama, Tennessee, Louisiana, and other states have refused to grant marriage licenses to same-gender couples. (Several have even dropped granting marriage licenses to any couples.) The argument presented was that issuing same-gender marriage licenses was a violation of their personal, religious beliefs. In most of these situations the past few weeks, these clerks have either resigned from office or (with much grumbling) reversed their position. Not all, but most.

In Rowan County, Kentucky, the clerk (Kim Davis) adamantly refused to issue a license to a gay couple; the exchange was caught on video and went viral immediately. The American Civil Liberties Union has since filed a federal lawsuit on behalf of four couples, two straight and two gay, against Davis after she refused to issue marriage licenses to them. In explaining the ACLU’s decision to file suit on the couples’ behalf, ACLU of Kentucky Cooperating Attorney Laura Landenwich stated, “Ms. Davis has the absolute right to believe whatever she wants about God, faith, and religion, but as a government official who swore an oath to uphold the law, she cannot pick and choose who she is going to serve, or which duties her office will perform based on her religious beliefs.”

Meanwhile, in Casey County, Kentucky, clerk Casey Davis (no relation to Kim, I think) has defiantly refused to issue licenses, even after Kentucky Gov. Steve Beshear told him point-blank that when he "was he was elected, he took a constitutional oath to uphold the United States Constitution." His statement echoes that of the ACLU:
One of Mr. Davis’ duties as county court clerk is to issue marriage licenses, and the Supreme Court now says that the United States Constitution requires those marriage licenses to be issued regardless of gender. Mr. Davis’ own county attorney has advised him that his oath requires him to do so.
While there are two or three county court clerks still refusing to perform their duties, the rest of the county court clerks are complying with the law regardless of their personal beliefs. The courts and the voters will deal appropriately with the rest.
I wholeheartedly agree. I am a public high school teacher; like county clerks, state governors, and federal legislators across the nation, I am a public employee. (Memo to all of our presidential candidates: if you win the office in 2016, you are also considered a "public employee.") My personal religious views are not mine to use to trample on the rights of others who have a differing philosophical upbringing. My 1st Amendment "freedom of religious belief" cannot supersede that pesky 14th Amendment "equal protection of the laws" thing. If I, for whatever reason, chose to push a religious agenda on students, I would be suspended at the very least, and in all likelihood removed from my position of employment. Or, if I felt so utterly conflicted about my personal views versus what I was to teach in the classroom, I could resign and take a different teaching position in a private school environment where my views were not so at odds.

There's a vast difference between the public sector and the private sector. County clerks, you are among the former of these. If you can't - scratch that; if you won't - do your damn job, someone else can and will. Stop trying to weasel out of some of your sworn duties, while still collecting taxpayer-funded paychecks, to uphold the Constitution of the United States. You can't pick and choose which parts to uphold, and you can't choose to ignore the 14th Amendment. Stop being a public welfare queen. Either perform your jobs in full, or follow your consciences out the door.

As for the clerks who resigned in Decatur County, Tennessee - the ones who followed their conscience, felt they were unable (for whatever reason) to do their taxpayer-funded jobs, and left the public trust - as well as clerks in Arkansas and Mississippi and wherever else this has happened - I commend them. They walked the walk and talked the talk. Thank you for setting a good example!

THE FINE FIVE:

(1) Next Tuesday, Detroit's National Coney Island will offer 50 cent Coneys, to celebrate its 50th anniversary. You know what that means ... ROAD TRIP!

(2) FYI, tomorrow is Free Slurpee Day at 7-Eleven (July 11th ... get it?). You know what that means ... 

(3) Suburban Detroit Dr. Farid Fata has been sentenced to 45 years in federal prison in a Medicare fraud case in which cancer patients received treatment that they either did not need or would not benefit from; more than 2,770 unnecessary chemotherapy treatments were administered to 100 patients. I hope he is bunkmates with Kwame Kilpatrick. I wish he could receive 45 years of chemo.

(4) Duffy's, what happened to the "Under 580 calories" designations on your menus? I dig the new items, and they look REALLY good ... but I'd really like to know what's on the menu for those of us who are trying to watch the calorie intake.

(5) Worked on the Wellington Debate Fall 2015 Congressional Debate Guide (including formatting our legislation for the September PBCFL Congressional Tournament). Good to be off to a good start!

FOODERCIZE:
Weight: 246
Steps Taken: 7,653
Miles Walked: 3.48

CAMPAIGN 2016 NEWS OF THE DAY:
From The Los Angeles Times: "Donald Trump slams Jeb Bush, hints at independent bid" - AKA/Ross Perot 2.0.

STUPID NEWS OF THE DAY:
From ABC 27: "Officials: Nude man arrested after fleeing in deputy’s car" - Fat, drunk and stupid while naked is no way to go through life, son.

FLORIDA NEWS OF THE DAY:
From The Daytona Beach News-Journal: "Volusia baby doctor arrested in spat with teen daughter" - Fat, drunk and stupid while delivering babies is no way to go through life, son.


WEIRD NEWS OF THE DAY:

VIDEO OF THE DAY:
RIP, Omar Sharif - contract bridge player extraordinaire, and star of Lawrence of Arabia, Doctor Zhivago, Funny Girl, The Pink Panther Strikes Again, and - of course - Top Secret!


MUSIC VIDEO OF THE DAY:
"Once in a Lifetime," Talking Heads

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