Wednesday, June 26, 2013

A case study in mediocrity, venality and hypocrisy.


If you have any sense of irony whatsoever, here’s something to try to get your head around.  In the recent gloriously correct USSC decision regarding the unconstitutionality of several provisions of the defense of marriage Act (DOMA), the decision was surprisingly narrow. I was shocked by the 5/4 split considering that there is really no shocking legal point here, other than that of fairness for all Americans. A “no brainer”,  right?

You might think so, but there are even more mysterious factors at work here.  Consider the case of Virginia (the state, not the little girl who wrote Santa) in 1924. The conservative Christian backlash against “Reds” , eastern and central  Europeans  in general, teaching  evolution in schools,  non-Christians  and non-Whites was in full swing. Manifestations of this include the Sacco-Vanzetti case, “Red scares”  ( 249 Russian immigrants deported without cause, 5000 citizens detained without cause),   Socialist elected officials unseated, the rebirth of the Ku Klux Klan, and ultimately the Scopes trial.

Virginia’s reaction to all this was to pass The Racial Integrity Act of 1924. This act banned marriages between persons described as “White” and those described as “Colored”, referring to such unions as “miscegenation “.   Two such persons, whose crime apparently was loving each other, married  in spite of the law  and were promptly charged, tried, convicted  and sentenced to be incarcerated for a year. The USSC got the  case as  Loving v. Virginia. The couple was Mildred and Richard Loving. The decision in their case, when ruled upon,   was that the Virginia Act and, in fact any act preventing marriage between persons of color violated their constitutional right to equal status before the law.  The decision in Loving v Virginia was a unanimous 9/0 decision.

Fast forward to 2013, The DOMA decision regarding essentially the same issue – equal treatment before the law for all Americans is a 5/4 decision.  Voting against the decision was Antonin Scalia, with no surprise, since he is homophobic and Catholic. The greater surprise to me and a vote that should outrage all of us is the one cast by Justice Clarence  (“pubic hair on the Coke can”) Thomas.  If the former reference escapes you, look at the transcript of the Anita Hill testimony of his confirmation hearings.  OK, OK so he’s a sexist pig, get to the part about the vote on DOMA.  Well, Clarence Thomas, a Black man, married to a White woman and living in the state of Virginia, has clearly shown his moral bankruptcy and crushing mediocrity by voting as he did in a case which, but for Loving V. Virginia he’d never have heard.

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