Showing posts with label Antonin Scalia. Show all posts
Showing posts with label Antonin Scalia. Show all posts

Thursday, June 5, 2014

Eight (Presumably) and One

It happens every morning: two guys arguing at the top of their lungs—as well as their vocal range—in the middle of our bedroom.
OK—there are times when it’s a man or a woman, but until Rubén Sánchez of radio station WKAQ gets a sex change, there will always be at least one guy. And today, as it so often is, it was Sánchez and another guy, arguing in good Puerto Rican fashion: the Spanish accelerates to about 333,000 words per minute, volume crescendos to about 110 decibels, neither one is listening to the other, and the voices are pitched at least an octave higher.
Oh, and did I mention the interruptions?
“So whom was Rubén arguing with today?” I asked Mr. Fernández, since being closer to the offending radio, as well as speaking Spanish as his cradle tongue, made him more likely to know what it was all about. I had heard the term “matrimonio gay” (gay marriage) screeched around, and was curious to know what today’s fuss was about…..
“With whom,” said Mr. Fernández, a stickler for such things, who went on to say that he had only the dimmest idea, since he was going in and out of the morning snooze. 
Well, I can tell you what the issue was about, since today’s topic flew in on the front page of El Nuevo Día, the local rag. So what’s up? Our governor, Alejandro García Padilla, has nominated Maite Oronoz, an openly gay woman, to be an associate judge on the Puerto Rico Supreme Court.
Oronoz looks pretty credentialed to me: a BA from Villanueva, law degree from the University of Puerto Rico, and a master’s in law from Columbia. She’s worked with the Supreme Court as “oficial jurídico”—my guess would be law clerk—as well as in private practice, and in the Justice Department in high-ranking positions. She’s currently the legal director for the city of San Juan. So she’ll sail through to the nomination, right?
Not so fast, because all the tired old voices we’ve had to endure all these years are saying all the tired—and tiring—things. Here—and you should hope you don’t know Spanish—is one:
Me preocupa el ejemplo que presenta al tener una relación con una persona de su mismo sexo. Lo segundo que me preocupa es que si es confirmada al Tribunal Supremo va a tener en sus manos el poder para tomar decisiones que alteren los valores del pueblo de Puerto Rico”, señaló Vázquez. 
What’s the beef, according to Vázquez? It sets a bad example, and if approved, Oronoz will have the power to make decisions that “alter” the values of the people of Puerto Rico.
In a recent interview, Larry Kramer, the gay activist and author of The Normal Heart, told gay people to stop patting themselves on the back, we haven’t come anywhere near where we should be in the struggle for rights. And oddly enough, Jessye Norman, the black opera singer, said much the same thing about the rights of black people.
She gives two examples: both involved being asked to prove that she was a guest when she was using a hotel’s facilities, or even walking on their grounds. Big deal, you may think, but here’s why I think it is.
For those of us who are white and men, it’s hard to understand how being black or a woman completely infuses your life. I go into a store and nobody follows me around, five feet away. Or here’s another—when was the last time I worried about getting raped? And I see the point of a lot of black people: a gay person has some shelter—hint, it’s called a closet—but the black dude? He’s out there….
And in a certain way, it may be true that even the most out gay people consciously or not use the closet. I learned that by trailing a transgender woman in the last gay pride march: I was wearing shorts and a tee shirt; she was wearing a tight dress and three-inch heels.
And walking, for much of the way, on irregularly surfaces, iridescently blue cobblestones, for which the old city is famous. Lovely, especially when wet—the stones, not the woman—but three-inch heels? It was proof of how deeply important her sexuality was to her; it was also a testament to personal bravery. Because although she carried it off well, she was still taller than I, with my height of six foot three. No wonder that it was the drag queens that fought back at Stonewall.
The computer, by the way, has not red-squiggled that word, “Stonewall;” did I teach it to the computer or is it now in the lexicon? Or consider this anecdote, about a US Supreme Court justice who had just upheld—years ago—a state law criminalizing homosexuality. According to Jeffrey Toobin, the justice remarked to his clerk that he had never met a gay person. His clerk, who was gay, said nothing. Twenty years later? Sandra Day O’Connor was sticking her head into her office and directing her staff to send a congratulatory tee shirt to a gay couple on her staff who had adopted a child. (It said, “Supreme Court Kid,” or something….)
So how far have we come? Well, today’s front page has “Abogada Gay al Supremo” as the lead. But when will we have “Abogada Straight al Supremo?”
Oh, and by the way, are there openly straight people? I didn’t know, so I asked Sunshine, the guy who makes me the espresso.
“Yeah, I’m straight, but I have a lot of gay friends,” he says. Then he goes back to polishing one of the windows.
Jessye Norman grew up in a world where there were signs over the two water coolers: “Whites Only,” “Colored Only.” I grew up in a world of Boys Beware, a lurid educational film—à la Reefer Madness—that advised against taking a ride from strange men. Why?
“He paid for the ride with his life,” intones the voice from the sixties (curious how different decades have different voices—anybody looked into that?). The driver, you see, was a known homosexual.
Wait—I didn’t get a gasp out of you!
It may be, in fact, that society’s coming out is just like our own coming out. It’s layer after layer, this peeling of the onion, until all that’s left is taste, aroma, zest. All the acridness, everything that made you cry has vanished, or rather, been commuted, transformed, and transmogrified into something wonderful, tasty and…
…delicious.

Saturday, July 13, 2013

Dammit!

I knew at the time that it would come to this. All right—I couldn’t imagine quite how bad the “this” was going to be, but I knew it would be bad.
In 1989, the Supreme Court was asked to decide whether the railroads had the right to ask their workers to go into a room and piss in a cup. There had been accidents before, drugs were found to be the culprit, and so the railroads decided to check for drugs via urine testing.
Did it ever make sense?
Of course not. If you smoked a joint on Saturday night, you were spilling metabolites in your urine on Monday—but you weren’t under the effects of the drug. Conversely, if you snorted cocaine on the way to work, you were soaring like a kite, but not spilling metabolites.
Then there was the problem of all the over the counter drugs like Sudafed which gave false positives—sure, more sophisticated tests were available, but unsurprisingly, they were also more expensive.
It was a period of drug hysteria—remember dear Nancy Reagan peering out of the darkness that was presumably drug addiction and whispering hamishly (in the manner of a ham, computer—lump it!), “just say no!?” Remember Bill, who smoked but didn’t inhale?
Of all people, Antonin Scalia got it. Here’s what he said:
The impairment of individual liberties cannot be the means of making a point…symbolism, even symbolism for so worthy a cause as the abolition of unlawful drugs, cannot validate an otherwise unreasonable search.
Right—knew we had to agree on something….
So I was prepared, when Wal-Mart wanted me to come work as an English teacher, for the ordeal of taking the bus out to a clinic, pissing in the bottle with the bathroom door six inches ajar, not washing my hands until after I had given the bottle to the apologetic technician. She took it, stuck a thermometer in it, and then let me use the sink.
Full disclosure: I last used marijuana in—was it the eighties? Nineties? You get the point….
So I knew about that. What didn’t I know?
47% of employers routinely do a credit check on job applicants.
Well, you can imagine the snort I made—even Franny, my beloved mother resting quietly in the afterlife, couldn’t have done better.
Consider the case of Alfred J. Carpenter, a shoe salesman in New York City who got laid off. Not a problem, he thought—his resume was good, he had worked for some high-end names like Ferragamo and J. M. Weston. And since he was healthy, he didn’t need to get health insurance, he reasoned.
Wrong—he tore two ligaments in his knee playing roller hockey. And so the bills piled up, and he was struggling to pay them. A friend thought he could work at Bergdorf Goodman; he applied and all was well. But then that went sour, too; soon he was in bankruptcy. But he kept applying for positions, and even took to disclosing his poor credit with prospective employers. No luck, and no dice. Down to his last 200 dollars, he’s now on welfare and food stamps.
The irony of it is that the company has to ask your permission to check your credit. But if you say no? Is there anyone out there who seriously thinks that if you way no, that won’t be held against you? If so, please contact me at once, since I have several really nice pieces of real estate—including bridges—to sell at the moment.
I can hear you—what possible reason would an employer have to check your credit? Well, The New York Times says this:
“Employers are looking for a sense of responsibility,” said Richard Mellor, a vice president at the National Retail Federation. “They want to see that an individual pays their bills on time and takes responsibility for what they buy.”
There are several problems. First is the obvious one—anyone in this economy looking for a job is probably not going to have the best credit. Here’s The New York Times again:
“Someone loses their job,” Ms. Wu said, “so they can’t pay their bills — and now they can’t get a job because they couldn’t pay their bills because they lost a job? It’s this Catch-22 that makes no sense.” It can also be a kind of backdoor job discrimination, Ms. Wu contends, given the numerous studies that demonstrate that those black, Latino or simply poor are more likely to have lower credit scores than those who are white and have means.
Obviously, Ms. Wu gets it. And she goes on to say:
To Ms. Wu and others, a credit report says more about a person’s economic circumstances than his or her moral character. “Some people can go to daddy and say, ‘I can’t pay my bills, will you bail me out?’ ” Ms. Wu said. “And others can’t.”
The other problem? Often, the credit agencies’ reports are incorrect, and everybody who has ever had to deal with these agencies knows—it’s a nightmare. Somehow, the mistake that you corrected in January appears regularly in February.
The solution? Well, nine states have laws regulating or prohibiting the use of credit checks by employers recruiting personnel. But it should be at the federal level—not the state level.
So it was the snowball effect, just as Scalia—probably—feared. First it was just pissing into a cup, then it was giving up your credit privacy, and now? It’s having the government get your telephone / Internet history, if not listening in on your calls or reading your email.
It was Vonnegut, I think, who observed that the Star Spangled Banner is the only national anthem that ends with a question. Remember? We sing it at every baseball game….
And does that flag still wave, over the free and the brave?

Friday, June 28, 2013

Notes from a blubbering blogger

It took me a while, but I got it in the end. I have spent an hour quietly crying in a—thank god—mostly empty café.
It was seeing one of the defendants in the Proposition 8 case choke up, put his hand on his husband’s shoulder and say, through tears, “will you please marry me?”
I cry at everything—show me a picture of you daughter’s kindergarten graduation: I’ll cry. A picture of a boy scout helping an old lady across the street? I’ll weep. Hell, in those days when I was busy worrying about my aged mother, the very picture of an old lady would set off sobs.
So I was puzzled by my initial reaction, which—as I told Johnny, my brother—was to kill Antonin Scalia.
“You could take out the other four as well, “ he said.
What happened?
We all came out, or most of us; for most of us, love triumphed. It took some parents a long time, but they got it. It took some gay people a long time, too. But the realization of what life in the closet was like led many of us to say, “fuck it, I’m not hiding it.”
It was a message you didn’t want to give yourself. “I’m not ashamed of myself,” people in the closet would say, “but I’m just not a political person….”
Here’s another….
“It would kill my parents. They’re very religious, very conservative, very….”
Every time you went home, you went home wondering—would this be the time you’d finally have the balls to be honest with your parents? I mean look, you’re in your thirties, you have never brought a girl home, you didn’t date in high school. I mean, do I have to draw you a map?
The amount of energy it took was endless. Nothing was ever easy between you and your parents; there were no relaxed moments. What would you say if they asked? And were they hinting? What was your father saying, when he made a reference—rather forced—to two men who had lived together for years? Was he signaling?
Gary, an old lover, had a big party, to which he invited my parents. And so I met Franny, who was busy chatting with a flamboyantly gay man, a man who undressed me with his eyes, and obviously found me fetching (I may have been then).
“Marc, do you know Rocky?” (…the name being the only masculine thing about him.)
Rocky took my hand in both of his, refused to let go, and breathed, “Darling, I’ve waited all my life to meet you….”
Right—and what was that look in my mother’s eye?
The secret meant that you always had butterflies in your stomach, sweaty palms, a dry mouth. You were prepared to fight or flee—and remember, these are your parents, not your enemies.
You became hypersensitive and a master at reading faces, intonations, gestures. Your nose was always picking up the whiff of suspicion, innuendo, barbed hints. At the end of the day, after you had watched yourself pass on the thirty or forty times that you could have dropped the news, you went to bed exhausted and hating yourself. Why were you so weak?
You were also blaming them—which made no sense, but there it was. Why the hell were they so damn conservative? Why were they so old, so behind the times? A friend comes out to her mother, who pulls a bottle of champagne out to celebrate? Right, and you’re gonna give your father a coronary, and he’ll die right there on the fucking floor, his eyes locking in horror with yours, as your mother is screaming, “See what you’ve done! You’ve killed him!” Right, so that’ll be the scene that replays every damn time you close your eyes at night for the rest of your life….
This is complete nonsense, you know. It’s also now 2AM, a time of day which twists logic the way a psychokinetic twists forks. Oh, and you can’t get up and do anything, because it’s not your house. You’re visiting, your mother is sleeping in the dining room; your father is turning and snorting in the living room. It’s a strange house, and you’re prisoner in the back bedroom.
You’re in the car, they are driving you to the airport, you’ve failed this visit just as you had failed all the others. Do you blurt it out? Of course not, you can’t drop that on then, and then just take off.
You drove your friends who were farther down the road crazy.
“Why doesn’t she just come out to her father—I mean, her father has accepting her brother’s male partner. Hell, if he can do that, he can take a lesbian daughter!”
I’d say this about a friend we both knew.
But I also remembered being there—trapped in car lights of fear and rejection, unable to move, watching as the inevitable came hurtling toward me.
Afraid to make the jump to love and trust….

Wednesday, June 26, 2013

Paradoxical Reaction


‘DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages.’ — JUSTICE ANTHONY M. KENNEDY

I’m having a paradoxical reaction.
I should be jubilant—the Supreme Court of the United States of America has just struck down the odious Defense of Marriage Act (DOMA) and has ruled that the opponents of same-sex marriage in California did not have standing to sue. That, presumably, clears the way for marriage equality in California. So now it’s 13 down, 37 to go.
I should be jubilant; I’m not.
I’m pissed.
I’m pissed that four out of the nine justices are so fucking behind the times that they cannot see an elemental principle here. I’m pissed that we have to celebrate this damn victory at all. I’m pissed that there ever WAS a fucking DOMA and that we had to spend all of our time and energy and money to defeat it.
You know, I’m pissed at the amount of time and energy I have had to devote in my life to come out, to face rejection (most of it imagined, very little of it real), to deal with my own internalized homophobia, to learn how to speak out.
“You’ve had the hardest struggle,” said Eric, the week my mother died. We were talking about our lives, our three lives (my other brother included).
Damn right I did, Eric. We all flocked to your two weddings, you didn’t have the grace to congratulate me, even acknowledge mine. I got married in a city clerk’s office, and it was just Raf and I. For very good reasons, Franny and John and Jeanne weren’t there. But I was happy, in a way, that it was just the two of us. Because that’s the way it had been for so many years.
Until you live it, there’s no way to understand the insidious pressure against a gay marriage. A very nice woman has invited me to attend a party at a restaurant celebrating the 75th birthday of her husband, whom I know, but whom Raf does not. Well, it was a quandary—I really couldn’t call her up and say, “hey, can Raf come?” I couldn’t call her and say, “I don’t go places without my husband.” So should I go, or should I invent an excuse?
I decided to go, but not before realizing that my parents would
1.     never have been in the situation
2.     never have chosen for one person to go, the other to stay home
Consider—would I have invited the woman to a dinner on Saturday night, and not invited as well her husband? Don’t think so—I would have sucked it up and paid for the extra plate or not invited her at all.
“How long have you been together,” asked a guy recently, and why did I think there was something smug, condescending about the question? Am I really that prickly?
So why wasn’t I surprised when his jaw dropped on hearing that it’s about thirty years now? He was expecting, what—two?
I made a decision years ago—I was damned if I was going to be a victim. I hate people who whine and bemoan their fate and complain. I have had incredible luck—I’m male and white and middle class. I had tremendous parents. I’ve had more luck in life than most people, and I have no right to complain.
Maybe it was this that did it to me:
“In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us,” Justice Scalia wrote in his dissent. “The truth is more complicated.”
Yeah? This is a slap in the face on two levels. We are accused of being simplistic, unable to see the more complicated truth that Justice—sorry, I’m demoting you now—justice Scalia (that cap by convention only) can see. And we are accused of saying that those justices who don’t go along with us are hateful.
You know, I think some things are pretty simple. Great, DOMA is dead, but will I get Raf’s social security, or he mine? Not unless we move to a state where my marriage is recognized. So we're going to have years of more struggle, when we should be doing other things, like helping the 2.8 million LGBT kids get off the streets.
And no, Scalia, I don’t think you hate me. You don’t know me, and guess what? If you did, you’d like me. If you spent a month in my home, you would have voted the other way.
Or maybe not, who knows?
“And so you are one of those rare men who approve of the education of women,” said a don to Lord Peter Wimsey, in one of Dorothy L. Sayer’s novels.
“You should not permit me the right to approve or not,” he returned.
Exactly—and now I get it. That’s why I’m pissed. There’s no particular joy in this—not for me, not now. I’m back fighting as I have for so many damn years a bunch of people who have the power to affect my and my husband’s lives in significant ways. What we have had to fight and struggle for they take for granted. OK—I’ll be happy later on.
Right now?
I’m pissed.