Somehow things seem anti-climactic after the Pride Celebration…. when we really got a chance to see what equality looks like…
Freedom and independence? Post-Snowden, all we know is the government knows everything.
May we all feel some level of comfort and joy from some good old fashioned Chinese fireworks tonight!
All the talk early in the week of the immigration deal turning into a “blur” or the possibility of some revolt in the Senate turned out to be just that—talk. The Senate bill passed handily with all the security to militarize immigration and none of the humanity that marked the family-oriented immigration policies in the past. Conservatives were appeased enough to show “bi-partisan” support for the bill. Meanwhile, all the items Asian Americans wanted added on to the bill continued to be ignored.
But it isn’t over.
The fight continues on to the House.
And then the real horse trading begins in conference.
We’ve just finished Act I of a three-act play.
What we end up with may not be very different from what was passed today.
So the compromising isn’t over.
Check out what I wrote earlier on the proposal on the Asian American Legal Defense and Education Fund blog.
I could sense something good was going to happen as early as this spring, but you never know.
http://aaldef.org/blog/the-national-coming-out-party-for-same-sex-marriage.html
And today, it happened.
The Supreme Court by it’s 5-4 ruling has declared Defense of Marriage Act unconstitutional.
This really is a states rights issue. How could those legally married in states that allow gay marriages be denied federal benefits given to straight wedded couples? That’s discrimination, and shouldn’t be allowed. The court concurred.
So if you’re in one of the states where same-sex marriage is legal, this is an especially great day.
The DOMA refutation was expected. It wasn’t clear what the court would do with Prop. 8, the same-sex marriage ban voted in by the state. When it was challenged and California officials wouldn’t defend the ban, the proposition’s leadership went to court to defend its constitutionality. But the high court in the way it acted, chose to sidestep ruling directly on same-sex marriage. It simply ruled that the Prop.8 folks didn’t have standing, or the right to argue the matter. So the case is sent back to the 9th circuit with orders to dismiss the case, and based on reports, same-sex marriages can resume again in California.
The Pride Parade in San Francisco on Sunday is going to be extraordinarily celebratory.
After the disappointing decisions on affirmative action and the Voting Rights Act this week, the Supreme Court gives us something to cheer about.
No warm champagne toasts on these decisions.
Shelby v. Holder was another good/bad decision by the Supreme Court, an indirect shot at the Voting Rights Act’s key Section 5 provision that allows for states with bad histories (when it comes to voting rights) to submit any changes it makes to the federal government for approval.
This provision has helped expand the voter rolls for the good.
Instead of invalidating this one section as many had feared, the majority by a 5-4 vote (Roberts, Scalia, Kennedy, Thomas, Alito) went after Section 4, which uses a formula to define which state and local governments must comply with section 5.
In a sneaky way, the court allowed Section 5 to survive (maybe in order to avoid be seen as racist). But it said Section 4 was unconstitutional. Thus the court struck down Section 4 with a forehand slap, and on the “innocent” backhand return swing just happened to knock down Section 5.
Now that was sneaky Solomonic style.
The Voting Rights Act now goes back to Congress to decide what happens next with Section 4. And you know how well Congress does with divisive racially charged issues.
So what do you think the justices were really thinking about the voting rights act’s viability?
If you read my reaction to the court’s hearing of the case, you know how Scalia viewed it.
Perhaps this was the way, they could get ALL the conservatives on this one, and not look so racist. Knock down Section 4, and well, you take care of Section 5.
But it’s actually worse. The decision doesn’t just end Section 5 as was the real issue in Shelby. Now it appears the entire Voting Rights Act, one of the most significant parts of civil rights legislation, becomes unworkable.
In terms of black and white, that’s fine. But what about the new America that goes to the polls, or because of this SCOTUS action does not?
Where’s the protection for Asian and Latino immigrants and first time minority voters? Those who need language help?
Section 4 might help us if a new inclusive formula is derived. But until it does there’s no section 5. And that means there’s no help, or federal oversight, at all.
