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      Justice on the Brink review: how the religious right took the supreme court

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      Justice on the Brink review: how the religious right took the supreme court Linda Greenhouse does a fine job of raising the alarm about the conservative conquest and what it means for the rest of us – it’s a pity she does not also recommend ways to fight backLinda Greenhouse’s byline became synonymous with the supreme court during the 30 years she covered it for the New York Times. She excelled at unraveling complex legal riddles for the average reader. She also had tremendous common sense – an essential and depressingly rare quality among journalists.The Agenda review: how the supreme court became an existential threat to US democracyRead moreBoth of these virtues are on display in her new book, which chronicles “12 months that transformed the supreme court” after the death of the liberal lion Ruth Bader Ginsburg and the obscenely rapid confirmation of her conservative successor, Amy Coney Barrett.As others have pointed out, Barrett’s ascension was the crowning achievement of a decades-long project of the American right, to pack the highest court with the kind of people who delight in telling graduating students things like the proper purpose of a legal career “is building the kingdom of God”.Barrett is also the sixth Catholic appointed to the court. Another, Neil Gorsuch, was raised Catholic but now attends the church of his wife, who was raised in the Church of England.Greenhouse describes the Federalist Society as the principal engine of this foul project. Founded in the second year of the Reagan administration to change the prevailing ideology of the leading law schools, its 70,000 members have become the de facto gatekeepers for every conservative lawyer hoping to serve in the executive branch or the judiciary.Most students of the judiciary know that all 226 judges appointed by Donald Trump were approved by the Federalists. But until I read Greenhouse’s book I never knew that every one of the 500-plus judges appointed by the two Bushes also earned the Federalist imprimatur.“Its plan from the beginning was to … nurture future generations of conservative law students” who years later would form the pool from which “conservative judges would be chosen”, Greenhouse writes.She also adds the telling detail that makes it clear that this situation is even worse than it appears. After Gorsuch thanked a Federalist banquet “from the bottom” of his heart, after his confirmation to the supreme court, the then White House counsel, Don McGahn, told the same gathering it was “completely false” that the Trump administration had “outsourced” judicial selection to the Federalists.“I’ve been a member of the Federalists since law school,” said McGahn. “So frankly, it seems like it’s been in-sourced.”Greenhouse’s main subject is the impact on the law of the replacement of a celebrated progressive, Ginsburg, with the anti-abortion and anti-contraception Barrett. A meticulous examination of the most important cases decided during Barrett’s first term demonstrates how the new justice contributed to Chief Justice John Roberts’ determination to “change how the constitution” understands race and religion.The centuries-old wall between church and state is being eroded and government efforts to promote integration – or prevent resegregation – are under steady attack.Roberts’s opposition to important sections of the 1965 Voting Rights Act goes all the way back to his service in Ronald Reagan’s justice department in the early 1980s. As chief justice he made his youthful scorn for the virtues of integration into the law of the land, writing a majority decision invalidating the plans of Seattle and Louisville to consider race to prevent resegregation of public schools. By a vote of 5-4 the court ruled the consideration of race violated the constitution’s guarantee of equal protection.Roberts’s opinion declared that the school systems’ “interest in avoiding resegregation was not sufficiently ‘compelling’ to justify a racially conscious remedy”.For most of the country’s history, the establishment clause of the constitution has prevented the government from “endorsing or coercing a religious practice or viewpoint”, Greenhouse writes, while “the free exercise clause requires the government to leave believers free to practice their faith”.But Roberts and his allies have thrown things upside down, turning the free exercise clause “from its historic role as a shield that protected believers from government interference into a sword that vaulted believers into a position of privilege”.Greenhouse is a woman of convictions. Even as a reporter, she was famous for taking part in a march supporting abortion rights. In a previous book she bragged of contributions to Planned Parenthood. But none of her critics could ever find any evidence that her stories in the Times were slanted by her personal beliefs.That objective stance was entirely appropriate when she was a daily reporter. But book writing is different. After doing such a good job of describing the decades-long rightwing campaign to produce a court whose views are increasingly at odds with the majority of voters, Greenhouse doesn’t endorse any ideas about how to remedy the situation.Supreme Ambition review: Trump, Kavanaugh and the right’s big coupRead moreShe shows no enthusiasm for the idea of expanding the number of seats on the court, which was championed by Pete Buttigieg and others during the 2020 election, and she doesn’t even support the idea that 83-year-old Stephen Breyer should feel any pressure to retire during the current Congress, to make sure Joe Biden can appoint, and a Democratic Senate confirm, a liberal successor.Similarly, Greenhouse never suggests Ginsburg was wrong to stay in office until her death, rather than retire during Barack Obama’s time in office so that she wouldn’t be replaced by someone like Barrett.Unwilling to regulate dark money’s vicious role in our politics, and happy to eviscerate the most basic protections of the Voting Rights Act, the court is increasingly tethered to religious rightwing orthodoxy.Greenhouse does a superb job of describing how we got here. What she lacks is the passionate imagination we need to re-balance an institution which poses an urgent threat to American democracy.
      Justice on the Brink is published in the US by Random House
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      Misfire review: a bullseye from Tim Mak – but the NRA isn’t beaten yet

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      BooksMisfire review: a bullseye from Tim Mak – but the NRA isn’t beaten yet The NPR reporter has written an important book about the moral bankruptcy which put the powerful and merciless gun group on the back footCharles KaiserSat 6 Nov 2021 02.00 EDTLast modified on Sat 6 Nov 2021 02.02 EDTTim Mak has written a sprawling tale of the greed, incompetence and narcissism which has dominated the National Rifle Association throughout Wayne LaPierre’s 30 years as its leader. Abetted by his wife, Susan, LaPierre has allegedly used his members’ dues to fund a billionaire’s lifestyle.‘We have to break through that wall’: inside America’s battle for gun controlRead moreThe LaPierres’ wedding in 1998 was a near miss: he almost ran from the altar, until she and the priest changed his mind. Mak calls this “emblematic” of “a man driven by fear and anxiety over all other forces … his reaction to these emotions is usually to flee and hide”.These qualities, Mak writes, have made LaPierre “prey” to an endless series of conmen, throughout his leadership of America’s most-feared lobbying group.“Pushed and prodded” by his wife to discover “money’s alluring glow”, Mak writes, LaPierre saw his salary balloon from $200,000 in the mid-1990s to $2.2m in 2018. According to the investigation of the New York attorney general, which has done the most to expose serial excesses at the NRA, between 2013 and 2017 the black cars, private jets and hundreds of thousands of dollars of expensive clothing led to $1.2m in reimbursed expenses.Between 2013 and 2018, companies used to book the LaPierres’ private planes received an astonishing $13.5m. There were trips to Lake Como, Budapest and the Bahamas. Just the hired cars for trips to Italy and Hungary cost $18,000. LaPierre spent $275,000 on suits at a single Beverly Hills emporium, including $39,000 on one day in 2015. To disguise such excesses, the bills were sent to an outside vendor which the NRA reimbursed.Mak also does a good job of describing how every mass shooting has pushed the NRA ever further right, transforming it from advocacy group for gun rights into a fully fledged player in the culture war, especially after the massacre of 20 young children and six adults at Sandy Hook Elementary School in Connecticut in December 2012.Mak offers a particularly depressing account of how the NRA chief lobbyist, Chris Cox, was personally involved in negotiations over the Manchin-Toomey bill, a Senate measure which would have modestly increased background checks if, as Mak points out, not enough to have prevented the Sandy Hook massacre, since that gunman used guns legally obtained by his mother.In any case, after months of negotiation the NRA double-crossed both sponsors, made sure the bill failed to get the 60 votes it needed to pass the Senate, then dropped its A-ratings for Manchin and Toomey to D and C respectively.The NRA’s role in the Trump-Russia scandal was substantial. Maria Butina, eventually convicted as a Russian spy, used “relationships within the NRA to build an informal channel of diplomatic relations with Russia”. Her efforts included a famous public exchange with Donald Trump during his first campaign, in which he expressed his affection for Vladimir Putin and promised to improve relations as president.The NRA spent $30m to help to elect Trump, more than his own fundraising super pac. Ironically, NRA membership dues fell after Trump entered the White House. The organization lost its most lucrative fundraiser when Barack Obama left office.Power struggles and a ‘personal piggy bank’: what the NRA lawsuit allegesRead moreThe great unravelling began on 6 August 2020, when the New York attorney general, Letitia James, filed a lawsuit to dissolve the NRA entirely. She accused LaPierre of using the organization for 30 years “for his financial benefit, and the benefit of a close circle of NRA staff, board members, and vendors”.Six months later, the NRA filed for bankruptcy. But despite endless infighting, Wayne LaPierre remains in charge. And because Trump was elected, with the NRA’s help, the supreme court now includes three justices appointed by him – at least two of whom seemed eager in arguments this week to demolish most of the remaining state restrictions on carrying concealed weapons, in New York and six other states.The passions of gun owners – and the fear they have instilled in a majority of public officials – remain dominant forces in American politics despite the greed and incompetence of their leaders chronicled so thoroughly in this important book.
      Misfire is published in the US by Dutton
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      Supreme court, Facebook, Fed: three horsemen of democracy’s apocalypse | Robert Reich

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      OpinionUS supreme courtSupreme court, Facebook, Fed: three horsemen of democracy’s apocalypseRobert ReichThese unaccountable bodies hold increasing sway over US government. Their abuses of power affect us all Sun 10 Oct 2021 01.00 EDTLast modified on Sun 10 Oct 2021 05.22 EDTThe week’s news has been dominated by the supreme court, whose term began on Monday; the Federal Reserve, and whether it will start responding to inflation by raising interest rates; and Facebook, which a whistleblower claimed intentionally seeks to enrage and divide Americans in order to generate engagement and ad revenue.‘Facebook can’t keep its head in the sand’: five experts debate the company’s futureRead moreThe common thread is the growing influence of these three power centers over our lives, even as they become less accountable to us. As such, they present a fundamental challenge to democracy.Start with the supreme court. What’s the underlying issue?Don’t for a moment believe the supreme court bases its decisions on neutral, objective criteria. I’ve argued before it and seen up close that justices have particular and differing ideas about what’s good for the country. So it matters who they are and how they got there.A majority of the nine justices – all appointed for life – were put there by George W Bush and Donald Trump, presidents who lost the popular vote. Three were installed by Trump, a president who instigated a coup. Yet they are about to revolutionize American life in ways most Americans don’t want.This new court seems ready to overrule Roe v Wade, the 1973 ruling that anchored reproductive rights in the 14th amendment; declare a 108-year-old New York law against carrying firearms unconstitutional; and strip federal bodies such as the Environmental Protection Agency of the power to regulate private business. And much more.Only 40% of the public approves of the court’s performance, a new low. If the justices rule in ways anticipated, that number will drop further. If so, expect renewed efforts to expand the court and limit the terms of its members.What about the Fed?Behind the recent stories about whether the Fed should act to tame inflation is the reality that its power to set short-term interest rates and regulate the financial sector is virtually unchecked. And here too there are no neutral, objective criteria. Some believe the Fed’s priority should be fighting inflation. Others believe it should be full employment. So like the supreme court, it matters who runs it.Elizabeth Warren tells Fed chair he is ‘dangerous’ and opposes renominationRead morePresidents appoint Fed chairs for four-year terms but tend to stick with them longer for fear of rattling Wall Street, which wants stability and fat profits. (Alan Greenspan, a Reagan appointee, lasted almost 20 years, surviving two Bushes and Bill Clinton, who didn’t dare remove him).The term of Jerome Powell, the current Fed chair, who was appointed by Trump, is up in February. Biden will probably renominate him to appease the Street, although it’s not a sure thing. Powell has kept interest rates near zero, which is appropriate for an economy still suffering the ravages of the pandemic.But Powell has also allowed the Street to resume several old risky practices, prompting the Massachusetts Democratic senator Elizabeth Warren to tell him at a recent hearing that “renominating you means gambling that, for the next five years, a Republican majority at the Federal Reserve, with a Republican chair who has regularly voted to deregulate Wall Street, won’t drive this economy over a financial cliff again.”Finally, what’s behind the controversy over Facebook?Facebook and three other hi-tech behemoths (Amazon, Google and Apple) are taking on roles that once belonged to governments, from cybersecurity to exploring outer space, yet they too are unaccountable.Their decisions about which demagogues are allowed to communicate with the public and what lies they are allowed to spew have profound consequences for whether democracy or authoritarianism prevails. In January, Mark Zuckerberg apparently deferred to Nick Clegg, former British deputy prime minister, now vice-president of Facebook, on whether to allow Trump back on the platform.Worst of all, they’re sowing hate. As Frances Haugen, a former data scientist at Facebook, revealed this week, Facebook’s algorithm is designed to choose content that will make users angry, because anger generates the most engagement – and user engagement turns into ad dollars. The same is likely true of the algorithms used by Google, Amazon and Apple. Such anger has been ricocheting through our society, generating resentment and division.US supreme court convenes for pivotal term – with its credibility on the lineRead moreYet these firms have so much power that the government has no idea how to control them. How many times do you think Facebook executives testified before Congress in the last four years? Answer: 30. How many laws has Congress enacted to constrain Facebook during that time? Answer: zero.Nor are they accountable to the market. They now make the market. They’re not even accountable to themselves. Facebook’s oversight board has become a bad joke.These three power centers – the supreme court, the Fed and the biggest tech firms – have huge and increasing effects on our lives, yet they are less and less answerable to us.Beware. Democracy depends on accountability. Accountability provides checks on power. If abuses of power go unchallenged, those who wield it will only consolidate their power further. It’s a vicious cycle that erodes faith in democracy itself.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California at Berkeley and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com
      TopicsUS supreme courtOpinionUS constitution and civil libertiesLaw (US)FacebookSocial networkingFederal ReserveUS economycommentReuse this content More

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      Battle for the Soul: can Joe Biden beat Trump’s Republicans in the war of words?

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      Joe BidenBattle for the Soul: can Joe Biden beat Trump’s Republicans in the war of words? The president appeals to the ‘civil religion’ of Washington and Kennedy. His opponents use weasel words and seek to limit democracy. The stakes could not be higherMichael CornfieldSun 8 Aug 2021 02.00 EDTLast modified on Sun 8 Aug 2021 02.01 EDTJoe Biden declared his third candidacy for president on 25 April 2019 in a three-and-a-half minute video. The format was new, but for Biden relied on an old-fashioned conception of masculinity.Want to make Jim Jordan sing about the Capitol attack? Ask Jefferson Davis | Sidney BlumenthalRead moreHe talked about the 12 August 2017 neo-Nazi rally in Charlottesville, Virginia, about which Donald Trump (in)famously said there were “very fine people on both sides”. The incident provided Biden with a good vs evil story frame, which he entered as a sort of superhero.“At that moment,” Biden intoned, as viewers saw white supremacists marching with torches, “I knew the threat to this nation was unlike any I had seen in my lifetime.”
      I wrote at the time that we’re in the battle for the soul of this nation. Well, that’s even more true today. We are in the battle for the soul of this nation.
      If we give Donald Trump eight years in the White House, he will forever and fundamentally alter the character of this nation. Who we are. And I cannot stand by and watch that happen.
      The core values of this nation, our standing in the world, our very democracy, everything that has made America, America, is at stake.
      Captain America, out of retirement and to the rescue. The Charlottesville setting, adjacent to Thomas Jefferson’s home, Monticello, supplied Biden with a pretext to quote the Declaration of Independence. And the video displayed, in colonial cursive font, passages many Americans could recite from memory.The “battle for the soul of America” narrative frame served Biden well. It helped differentiate Biden’s criticism of Trump, as both personal and constitutional. It converted his age into a campaign asset: a man with historic consciousness would be a good choice for Democrats, a party that usually opted for youth. And it ennobled his call for unity as the solution to Trump’s divisiveness. A Biden victory would win the battle for the soul through an appeal to transcendent patriotic values.Two men, longtime adviser Mike Donilon and the historian Jon Meacham, have worked on Biden’s speeches and the “soul” verbiage. But regardless of the authorial division of labor, it has been Biden’s sign-off, delivery, and persona which give the phrase its public meaning.During the campaign, Biden repeated his theme in speeches on national holidays and historic anniversaries, often in Pennsylvania: at an 18 May 2019 campaign kick-off rally at the National Constitution Center in Philadelphia; in a 2 June 2020 speech at Philadelphia City Hall (commenting on the eruption of protest for the George Floyd death and the president’s use of tear gas at Lafayette Square in Washington); and on 6 October 2020 at the Gettysburg battlefield:
      You and I are part of a covenant, a common story of divisions overcome and hope renewed. If we do our part, if we stand together, if we keep faith with the past and with each other, then the divisions of our time will give way to the dreams of a brighter, better future. This is our work. This is our pledge. This is our mission.
      Pennsylvania is both the state where Biden was born and a perennial swing state. As the city where America’s foundational documents were written and signed, Philadelphia stands out in the national imagination as the Jerusalem of what sociologist Robert Bellah termed the “civil religion”. In his 1966 analysis of inaugural addresses from Washington to Kennedy, Bellah noted that presidents up to the incumbent at that time, Lyndon Baines Johnson, enlarged and deepened their rhetoric by invoking God. It was neither the God of any particular denomination nor a perfunctory bow to the religiosity of the American people. Rather, such references to God legitimated political authority by “supplying moral consensus amidst continuous political change”. Invocations of the civil religion reassure and integrate the disparate members of a pluralistic capitalist society.Biden relied more on the word “soul” than “God” but the functionality was the same. “Soul” is also a word with extensive philosophical and religious lineage. It denotes the essence of a being (or nation, or people). It connotes reason, feeling, presence, expressivity, depth, the substance of a style. In running for president, Biden was embarked on a moral crusade. He was battling, as he put it in another frequently used phrase, for “hope over fear, unity over division, and truth over lies”.And “the idea of America” at the seat of the civil religion was not an empty notion. Jill Lepore’s 2018 one-volume history of the US identified “These Truths” as the nation’s core values: political equality, natural rights, popular sovereignty and the meta-truth that they are “self-evident”, Benjamin Franklin’s Enlightenment amendment to Jefferson’s “sacred and undeniable”.Like most campaign slogans, “battle for the soul of America” was an expedient coinage, tinged in this case with a touch of bravado. Yet it has become uncannily apt. Some Americans continue to resist “these truths” and others. And so Biden has justly continued to use the phrase as president.In his inaugural address two weeks after the assault on the Capitol and Congress he quoted Abraham Lincoln’s attestation that “my whole soul is in it” as he signed the Emancipation Proclamation, and reiterated his claim that national unity was essential “to restore the soul and to secure the future of America”. On Memorial Day, at Arlington National Cemetery:
      The soul of America is animated by the perennial battle between our worst instincts – which we’ve seen of late – and our better angels. Between “Me first” and “We the People”. Between greed and generosity, cruelty and kindness, captivity and freedom.
      These Truths review: Jill Lepore’s Lincolnian American historyRead moreOn 13 July, back at the National Constitution Center, Biden zeroed in on the opposition:
      It’s no longer just about who gets to vote or making it easier for eligible voters to vote. It’s about who gets to count the vote – who gets to count whether or not your vote counted at all. It’s about moving from independent election administrators who work for the people to polarized state legislatures and partisan actors who work for political parties.
      To me, this is simple: This is election subversion. It’s the most dangerous threat to voting and the integrity of free and fair elections in our history …
      We have to ask: Are you on the side of truth or lies; fact or fiction; justice or injustice; democracy or autocracy? That’s what it’s coming down to …
      The Republicans on the other side peddle disinformation and bank on partisan polarization. They seek to negate the truth of the 2020 election results and tilt the certification process against a reoccurrence in 2024. Under the banners of a “stolen” and “rigged” election and a vastly exaggerated claim of election “fraud”, they are conducting feckless audits and enacting voter suppression laws in battleground states, including Pennsylvania. They blocked the establishment of an independent commission to investigate the riot on the day they voted to decertify the election. Biden also cited Jim Crow in view of the racial dimensions of the soul battle. The opposition has launched a coded attack on a misappropriated academic term, “Critical Race Theory”.The soul battle is distinct from the programmatic initiatives and negotiations being conducted under another Biden slogan, “Build Back Better”. In that political domain differences can be monetized and split without recourse to dire dichotomies. However, the emotions summoned over voting cannot be easily compartmentalized and hived off from the dollar figures.Wake review: a must-read graphic history of women-led slave revoltsRead moreThe soul battle also bears on the effort to persuade Americans to get vaccinated, both in Biden’s exhortations to get the shot which appeal to patriotic duty and the opposition’s efforts to brand resistance to vaccination as a stand for freedom against the government. Analyzing that argumentation requires an essay unto itself, although I note in passing that Biden’s rhetorical approach has eschewed the designation of a “czar” to coordinate the administration’s public appeals and briefings, which would put distance between the soul battle and the urgent project of pandemic mitigation. As it is, government messaging on Covid runs through the president and state governors. And it is certainly valid to see the battle against the virus as a test of the force of reason in politics.Occasions for more soul speechmaking dot the national calendar. A rally in Washington DC on 28 August will commemorate Dr Martin Luther King’s “I Have a Dream” address, which the president will probably recognize but not attend. The 20th anniversary of the September 11 attacks will necessarily reference the pullout of troops from Afghanistan, but Biden could also validate the House inquiry into the Capitol riot as being in the spirit of the 9/11 Commission. Thanksgiving is the quintessential holiday of the American civil religion. More occasions will crop up after congressional voting on the For the People and John Lewis Voting Rights Acts.But before any of those holidays or events surface on the civil religion calendar there is next Thursday, 12 August, the fourth anniversary of the battle that marked Biden’s starting point. He might do well to travel to Charlottesville and speak at the downtown spot vacated by the 10 July removal of the Robert E Lee statue that sparked the Unite the Right rally. It would be a sign that the mostly nonviolent but deeply conflicted war over the idea of America – for that is what a series of battles amounts to – is being won.TopicsJoe BidenBiden administrationUS politicsDemocratsRepublicansUS voting rightsProtestfeaturesReuse this content More

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      The Engagement review: a tour de force on the fight for same-sex marriage

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      BooksThe Engagement review: a tour de force on the fight for same-sex marriageDon’t let the length or density of Sasha Issenberg’s new book put you off – it is a must-read on the fight for true civil rights Michael Henry AdamsSun 4 Jul 2021 02.00 EDTLast modified on Sun 4 Jul 2021 02.01 EDTSasha Issenberg’s tour-de-force, 900-word chronicle of “America’s quarter-century struggle over same-sex marriage” might have been even better had it been given even a few illustrations.This is the Fire review: Don Lemon’s audacious study of racism – and loveRead moreThe New Yorker contributor Michael Shaw’s cartoon of 1 March 2004 would have been one candidate. Its arch question, “Gays and lesbians getting married – haven’t they suffered enough?”, seems to encapsulate how an unlikely issue, consistently championed, achieved a broader vision of “gay liberation” than many dreamed could be attained so rapidly.Thanks to works of scholarship like Charles Kaiser’s The Gay Metropolis and The Deviant’s War by Eric Cervini, it has become clear that the seemingly impossible is often achievable. With The Engagement, Issenberg adds to such proof that one can write LGBTQ+ history in a way that is engaging, authoritative and impeccably sourced.He conveys a telling truth for activists beyond the campaign for gay rights. Brimming with a promise of inclusion, of acceptance beyond mere toleration, his book shows there are indeed more ways than one to skin a cat. Awakened and empowered by Black Lives Matter and Trumpism’s exposure of widespread white supremacist alliances, many progressives were certain that only the most radical policy positions – “defund the police”, anyone? – and candidates offered any real remedy. But older black voters were certain of a different way of maneuvering. And it looks as if they were right, just as proponents of marriage equality were right – to a point at least.If The Engagement lacks snappy cartoons or colorful or insightful photographs, Issenberg manages nonetheless to present compelling depictions of fascinating individuals. Their pursuit of gay marriage propels his narrative, lawsuit by lawsuit, legislative victory by legislative victory and political endorsement by political endorsement.False starts, setbacks, losses – they are all here too. But then finally, on 26 June 2015, with Obergefell v Hodges, the supreme court invalidated same-sex marriage bans all across the land. In time, a court-sanctioned right to self-determination expanded the rights of transgender people too.Gay marriage declared legal across the US in historic supreme court rulingRead moreIf the quest began with an almost stereotypically flamboyant figure, Bill Woods, Issenberg shows with deft sensitivity how for all Woods’ drive and flair for manipulating media and politicians, two more reticent lesbians played a pivotal role. Their relatable story is one of opposites determined to fashion a life together, just three months after meeting in 1990. Initially, the LGBTQ+ community was compelled to fight just to be allowed to love one another. But this committed couple’s saga goes a long way to showing how marriage, as opposed to a brave new world of sexual revolution and limitless pairings, emerged as the definitive cause of gay civil rights.When Genora Dancel, a broadcast engineer, presented a ruby ring to Nina Baehr, she “thought our love could withstand anything”. Coming home to find Baehr in pain from an ear infection, Dancel learned otherwise. Baehr’s university health coverage had yet to take effect. Her new “wife” had two policies from her employers but could not use them for her partner. She had to pay out of pocket to to aid her.Out of this practical desire to care for each other, the pair joined two other same-sex couples organized by Bill Woods. On 17 December 1990, in Honolulu, they applied for marriage licenses. When they were denied, Dan Foley, an attorney who was straight, sued the state on their behalf. After a battle lasting nearly three years, they were vindicated. The Hawaii supreme court was the first in the US to determine that the right to wed was a basic civil right.Many, like the lesbian feminist Paula Ettelbrick, were convinced there was an alternative to marriage and that “making room in our society for broader definitions of family” was better. They saw little utility in such a gain.Jasmyne Cannick, a journalist from Los Angeles, was dubious as well. Following the passage of Proposition 8, a ballot initiative to ban same-sex marriage in California, she outlined the looming disconnect between disaffected queers of color and our sometimes oblivious white brethren.
      The white gay community is banging its head against the glass ceiling of a room called equality, believing that a breakthrough on marriage will bestow on it parity with heterosexuals.
      But the right to marry does nothing to address the problems faced by both Black gays and Black straights. Does someone who is homeless or suffering from HIV but has no healthcare, or newly out of prison and unemployed, really benefit from the right to marry someone of the same sex?
      In books such as Nigel Nicholson’s Portrait of a Marriage and Elizabeth Drexel Lehr’s King Lehr and the Gilded Age, one gets a poignant look at how especially for upper-class gays, conventional alliances, with partners of the opposite sex and children, are as old as time, assuring inheritances and perpetuating dynastic ties. George Chauncey’s Gay New York tells of how in Harlem same-sex couples, from the 1920s on, staged elaborate nuptial ceremonies, anticipating current trends.The Deviant’s War: superb epic of Frank Kameny and the fight for gay equalityRead moreYes, one way or another, even in the realm of queers, marriage still seems to constitute a profound idea.Issenberg contends that without overwhelming opposition, gay marriage would never have subsumed gay activism; that conservatives, lying in wait, biding their time, are poised to try to take it away. When they do, will we be ready, armed with the lesson of Issenberg’s book?Today, self-segregated into competing camps of righteous activists and dogged pragmatists, freedom fighters still at struggle and insiders who just happen to be gay, do we sincerely value the efficacy of throwing down our buckets where we stand? Have we lost hope that every road leads to a common victory? That in a street fight, every contribution adds value to our effort?
      The Engagement: America’s Quarter-Century Struggle Over Same-Sex Marriage is published in the US by Penguin Random House
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