Same-Sex Unions Supplant Abortion As Social Priority for Conservatives In Fight Over High Court Pick
As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.
In addition to shedding more light on the nation’s most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee’s judicial philosophy.
“It may reflect the degree to which they think that they’re not bound by the classical meaning of the Constitution, and that they may want to let a personal agenda go beyond what the law said,” said Sen. Jeff Sessions (Ala.), the senior Republican on the Senate Judiciary Committee.
Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “litmus test” was employed in the selection.
Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.
“It is now the flash point where politics and law meet. That flash point used to be abortion. I don’t think anybody thinks that’s going to be the flash point in this nomination,” said William A. Jacobson, a Cornell University law professor and conservative blogger.
Sen. Orrin G. Hatch (Utah), another GOP member of the Judiciary Committee, said conservatives are particularly eager to avoid a Supreme Court ruling akin to the 1973 Roe v. Wade decision, which legalized abortion nationwide and has divided the country ever since. “I don’t think members of the court, or any of us, ever want to see a decision like that again,” Hatch said. Obama assured the senator in a recent meeting that he will not pick a “radical” to replace Souter, but Hatch added: “Presidents always say that. That’s why we have the hearing process.”
Same-sex marriage gained national resonance in the wake of last month’s Iowa Supreme Court ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, Maine also legalized same-sex marriage, becoming the fifth state to do so; the New Hampshire legislature sent a marriage-equality bill to the governor; the New York State Assembly approved gay-marriage legislation; and the District of Columbia voted to recognize same-sex marriages performed elsewhere.
Those actions, in so short a time, have outstripped the ability of Democrats in Washington to stake out their public position on the issue. MORE at Washington Post
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Remembering Bea Arthur, feminist TV pioneer
There are lots of reasons to take a moment this weekend to mark the passing of Bea Arthur, who died on Saturday at age 86 in her home in Los Angeles. The most obvious was that she was talented and hilarious, and that if you are over the age of 30 in this country, there’s a good chance that she made you laugh on a semi-regular basis at some point in your life.
But it’s also important to remember that before “Dollhouse,” before “Sex and the City,” there was “Maude.” The “All in the Family” spin-off, which ran from 1972 to 1978, starred Arthur as Maude Findlay, the Democratic-voting, women’s liberation-supporting, four times married cousin of Edith Bunker. The program, created by television visionary Norman Lear, made the news early in its run for featuring prime time’s first abortion, in a two-part episode that aired two months before Roe v. Wade made abortion legal across the country.
Seven years after “Maude,” Arthur starred in “The Golden Girls” as Dorothy Zbornak, the divorced retiree who shared a home in Florida with three other women, including her aged mother. It’s remarkable to think, given how young, glossy and pneumatic network television has become, that less than 20 years ago, the airwaves were given over to four older women who talked about sex and ex-husbands and ate cheesecake.
Many others have observed that “The Golden Girls” was “Sex and the City” before “Sex and the City,” or alternately that the “Sex and the City” ladies were only a few decades away from drinks on the lanai themselves. The show was one of the most female-friendly and respectful looks at the experience of aging while female ever broadcast on national airwaves, simply by showing women — living, talking, having sex, making friends, cracking wise, living full lives together with energy and engagement. And if you happen to catch one of the reruns that still air, chances are good you’ll laugh your ass off.
So here’s to Bea Arthur, one of television’s finest and funniest feminists.
Remembering Bea Arthur, feminist TV pioneer
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Gay Marriage Issue Steering Clear of the Supreme Court
And now there are four. In the space of a week, the number of states allowing same-sex marriage has doubled, with Iowa and then Vermont joining Massachusetts and Connecticut. In California, gay and lesbian couples were exchanging vows for five months before voters put a stop to the practice in November. Californians are still talking it over, though, and loudly. New York and New Jersey may be next to debate the question.
In other contexts, this sort of turmoil might amount to an invitation for the United States Supreme Court to step in. But there are all sorts of reasons the court is likely to keep its distance, and a central one is the endlessly debated 1973 decision that identified a constitutional right to abortion.
“The concern about creating another Roe v. Wade looms large,” said Nathaniel Persily, who teaches law and political science at Columbia. “At least five members of this court, if not more, would probably be reluctant to weigh in on this controversy, especially given the progress that is being made in state legislatures, state courts and public opinion.”
Court decisions on issues like school desegregation, abortion and same-sex marriage can raise questions about the judicial branch usurping the democratic process. But there are strategic issues as well. The Supreme Court not only decides cases but also decides which cases to decide. In jurisprudence as in life, timing is everything.
Even some strong supporters of abortion rights believe, for instance, that Roe went too far too fast and may have been counterproductive. One of them is Justice Ruth Bader Ginsburg.
See Gay Marriage Issue Steering Clear of the Supreme Court
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GOP chief Steele in more hot water over gays, abortion
(Washington) A day after a magazine quoted him as saying abortion was “an individual choice,” GOP Chairman Michael Steele said Thursday he opposes abortion and that Roe v. Wade should be overturned.
A leading conservative called Steele’s remarks in the magazine “cavalier and flippant,” underscoring the new chairman’s precarious position with …
Krispy Kreme slammed for celebrating our “freedom of choice”
But no good deed goes unpunished by the “Christian” right.
It seems the
phrasing of the company’s announcement — “Krispy Kreme Doughnuts, Inc. is honoring Americans’… freedom of choice on Inauguration Day, by offering a free doughnut of choice to every customer” — made Judie Brown, the president of American Life League, an antiabortion group, mad. So she released a statement in which she said:The next time you stare down a conveyor belt of slow-moving, hot, sugary glazed donuts at your local Krispy Kreme, you just might be supporting President-elect Barack Obama’s radical support for abortion on demand - including his sweeping promise to sign the Freedom of Choice Act as soon as he steps in the Oval Office, Jan. 20…
Just an unfortunate choice of words? For the sake of our Wednesday morning doughnut runs, we hope so. The unfortunate reality of a post Roe v. Wade America is that “choice” is synonymous with abortion access, and celebration of “freedom of choice” is a tacit endorsement of abortion rights on demand.
President-elect Barack Obama promises to be the most virulently pro-abortion president in history. Millions more children will be endangered by his radical abortion agenda.
Celebrating his inauguration with “Freedom of Choice” doughnuts — only two days before the anniversary of the Supreme Court decision to decriminalize abortion — is not only extremely tacky, it’s disrespectful and insensitive and makes a mockery of a national tragedy…
As of Thursday morning, communications director Brian Little could not be reached for comment. We challenge Krispy Kreme doughnuts to reaffirm their commitment to true freedom – to the right to life, liberty and the pursuit of happiness – and to separate themselves and their doughnuts from our great American shame.
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