Category Archives: Equal Protection

Your Ox Will Eventually Be Gored

It seems logical that every American, regardless of political affiliation/philosophy, race, religion or creed, would be concerned about the revelations concerning domestic spying on the part of the NSA. If the Obama administration can spy on and mistreat the Tea Party and other right wing causes, the next Republican administration could spy on and mistreat Occupy Wall Street and other left wing causes.

As it turns out, this is not necessarily the case. According to an article by David A. Love, the black community has largely greeted this news with a shrug and a yawn.

Is this lack of concern because many blacks do not want to be critical of the first black* president? This might account for some of this shrugging but Love suspects that there is something much deeper at work here:

The black community has decades of experience being monitored, so this type of surveillance is nothing new. Given the long history of being spied upon, many blacks already assume they are being monitored by the government […]
[…]
African-Americans are no strangers to surveillance, as their activities were highly regulated through the slave codes, laws which controlled both slaves and free blacks.

The mistreatment of blacks did not end when slavery was abolished, of course. Love goes on to describe several other atrocities such as the Tuskegee experiment, J. Edgar Hoover’s illegal spying on Martin Luther King Jr., Malcolm X, the Black Panthers, and others.

Tragic chapters such as Tuskegee have been cited as a reason why African-Americans distrust the medical establishment and are hesitant to participate in clinical research. One study found that 67 percent of black parents distrusted the medical profession, compared to half of white parents.

As I read this, I wondered why there isn’t a similar distrust of the government as the medical establishment by blacks in general. The Tuskegee experiments were done at the behest of the U.S. Public Health Service, after all!

After finishing the article, I decided to read through the comments section (this is a blog that is dedicated primarily with concerns of the black community; the comments can sometimes be very illuminating). The very first comment by a user with the handle “Blackheywood Heywood” did not disappoint:

The US government began spying on Black folks before this government was created, yet it was no outrage.Give me a break, it seems slowly mainstream America is discovering how it feels to be thought of as suspicious or guilty before being accused, never mind arrested. Welcome to the world of the American Black male.

Heywood has a valid point. The answer to the question why the lack of outrage by the black community concerning the NSA and IRS scandals could just as easily turned against what Heywood called “mainstream America.” Indeed, where was the right (for lack of a better term) on these outrages? Where has the Tea Party been on the question of “stop and frisk,” in New York in which minorities are especially targeted to be searched, supposedly at random? Is this simply a case of “out of sight, out of mind?”

I believe there’s also another phenomenon at work: the memory hole. Near the close of the article, Love mentioned an event that took place in Philadelphia in 1985 I was completely unaware of:

On May 13, 1985, following a standoff, a Philadelphia police helicopter dropped a bomb on the house on Osage Avenue occupied by the black “radical” group known as MOVE. Police reportedly fired on MOVE members as they escaped the burning home […]
[…]
The 1985 bombing—which killed 11 people, including 5 children and destroyed an entire neighborhood of 61 row homes in West Philadelphia—marked the first such attack on U.S. citizens by government authorities. The survivors and victims’ families received $5.5 million in compensation from the city of Philadelphia.

I try my best to be informed about historical events as well as current events. How is it that this is the first I had ever heard about the Philadelphia Police dropping a freaking bomb on a neighborhood in an American city?** I must have been sick that day in American History class (I also didn’t learn about the Tuskegee experiments until well into my twenties; maybe I was sick on that day as well).

Maybe MOVE was a radical organization maybe it wasn’t*** but nothing could justify the police dropping a bomb on a neighborhood. Perhaps this atrocity is well known by people in the black community, both young and old but not so much outside the black community (or maybe I’m one of the few Americans who never heard about this but I doubt it).

MOVE probably wasn’t the first group the government described as “extreme” to a point where government officials ordered and used military force against its members; it certainly wasn’t the last. How many people out of a hundred know about what happened at Ruby Ridge? The Weaver family, why they were “extremists” after all and therefore, why should anyone care about their rights? How many people out of a hundred know about the conflicting accounts of what really happened at assault on the Branch Davidians in Waco, Texas? (Here’s a hint: a great deal more than what the MSM reported at the time). I suppose because these people were part of some sort of cult, their rights didn’t matter either!

This is where the real problem of indifference lies. I’ve heard far too many people with the attitude “it’s not my problem” or “it doesn’t affect me”. Even more disturbing is the attitude some people have that they are happy when someone of an opposing view has his or her rights of life, liberty, and/or property trampled on (i.e. “Screw them, they are ‘extremists’”). Far too often, concerns about civil liberties depend on whose ox is being gored at that particular time.

I would like to humbly suggest that if you are not as upset when its someone else’s ox, even if it’s the ox of your opponent’s, one day it will be your ox that will be gored. Perhaps Martin Niemoller said it best in his very short work “First they Came” describing how the Nazis took freedom away from the whole population, one group at a time. By the time the Nazis got around to taking freedom from what remained of the population, Niemoller concluded “there was no one left to speak for me.”

To be clear, I am not comparing the U.S. government to the Nazis. Such hyperbolic comparisons are not constructive and minimize the very crimes against humanity the Nazis committed. I am making a comparison about how populations respond to encroachments on liberty, however. As demonstrated in Love’s article, there are plenty of examples of injustice from American history.

Here are just a handful more:

  • The Indian Removal Act
  • Slavery
  • The internment of Japanese Americans
  • Jim Crow
  • McCarthyism

And many, many more.

Each of these policies were permitted to happen because the majority apparently felt that curtailing freedoms of these minorities would somehow not affect their own freedoms. We should acknowledge that these injustices occurred and try to learn the right lessons (rather than pretend the U.S. government or the American people have committed no wrongs ever) and move on.

Every injustice and every violation of rights of life, liberty, and property must be answered by all of us as if it’s our own liberty that is at stake.

*Yes, I’m aware that Obama is actually half black. However, if a man of his description was accused of committing a crime and at large, he would be described as a black man.

**In light of this, Rand Paul’s questions about government using drones to attack Americans on American soil no longer seem so far fetched, unfortunately.

***All I know is what I read in the cited article.

Because it’s the Right Thing… and Because it’s Tactically Sound

A few days ago, an NBA player of no particular note came out as gay…

Which, really, should also be of no particular note.

But then ESPN decided to put a moronic bigot (whose name I won’t mention and whose video I won’t bother linking to here… why publicize idiots like this) to discuss the issue… and predictably he spouted moronic bigotry all over the screen, and made it an even BIGGER spectacle…

Now, the intarwebs are full of folks reacting against the reaction against the reaction against etc… etc…

They’re caught up in the noise, and not the issue.

I try not to do that… and to smack it down when I can.

I take issue with the way issues surrounding homosexuality in public life are covered by the media, and often with the strategy and tactics employed by activists… but I believe in, and work for equal rights and equal protection for homosexuals (and before anyone gets offended by my use of a single word… you’re an idiot… YOU are part of the problem… because you are offended stupidly by nothing, and not working towards a real solution).

Chris Kluwe, NFL Punter, wrote a post in support of the gay community in HuffPo yesterday… I normally don’t link to them, but I think this is a rational and correct position, reasonably well put…

Really, my position and reasoning are simple…

I speak in support of equal treatment for homosexuals, not because I am one, but because it is the right thing to do.

Because I believe in equal rights and treatment for EVERYONE.

Whether I approve of them or not.

Further, I do so, because anything which can be used against those you disapprove of… can also be used against those you DO approve of…

…or YOU.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Quote of the Day: MLK Day Edition

(Re-post)

Martin Luther King Jr.’s “I Have a Dream” speech is unquestionably one of the most famous speeches in American history. In listening to the speech today, I found the following passages that aren’t as often quoted to be some of the most powerful lines in the speech.

In a sense we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

America has come a long way since King delivered this speech. Racial and ethnic minorities have made great strides thanks to courageous individuals like King who made a stand for liberty and justice (and in King’s case, paid with his life) and we are all better off for it.

Here is the rest of the speech. Listen and be inspired.

Comment of the Day

The following “Comment of the Day” from Rebecca was in response other comments responding to Brad’s satirical* post entitled: ‘Wendy’ Condemns Chick-fil-A President Remarks On Gay Marriage.

1. Attn: Bible-thumpers: If you haven’t read your Holy Book in the original un-pointed Hebrew and Aramaic, you have no idea what the Bible actually says. Also, if you haven’t read the Talmudic commentaries, or those of other respected Biblical scholars, you’re missing a lot of data that you kind of *need* to speak about what the Bible means with any authority.

2. “Traditional Marriage” is in the eye of the beholder, given that there are huge numbers of *freaky* “marriages” in the Bible, and given that historically marriage was a property, inheritance, procreative, or political arrangement for hundreds or even thousands of years before anyone came up with the notion of “romantic love” having anything to do with it. Moreover, traditionally, it was arranged for the children by the parents. Choosing your own spouse is an extremely modern twist on marriage.

3. Real and measuarable harm is done to LGBT individuals whose partnerships are not recognized by the state. No harm is done to your church if they marry, or if my church chooses to marry them. No harm befalls your family if theirs is united before God, or a judge. No one is going to make gay marriage mandatory.

4. Living your values is Freedom. Forcing others to live your values is Tyranny.

Comment by Rebecca — August 4, 2012 @ 10:25 am

Though I agree on all of Rebecca’s points, I believe that point 4 is the most important in terms of living in a free society.

» Read more

Institute for Justice’s Bone Marrow Donor Compensation Legal Challenge Prevails

Here’s a follow up to a story I linked back in 2009 concerning the Institute for Justice’s legal challenge to the National Organ Transplant Act of 1984 and the act’s applicability to bone marrow transplants. This is very good news for the roughly 3,000 Americans who die every year while waiting to find a bone marrow match:

Arlington, Va.—The Ninth U.S. Circuit Court of Appeals today issued a unanimous opinion granting victory to cancer patients and their supporters from across the nation in a landmark constitutional challenge brought against the U.S. Attorney General. The lawsuit, filed by the Institute for Justice on behalf of cancer patients, their families, an internationally renowned marrow-transplant surgeon, and a California nonprofit group, seeks to allow individuals to create a pilot program that would encourage more bone-marrow donations by offering modest compensation—such as a scholarship or housing allowance—to donors. The program had been blocked by a federal law, the National Organ Transplant Act (NOTA), which makes compensating donors of these renewable cells a major felony punishable by up to five years in prison.

Under today’s decision, this pilot program will be perfectly legal, provided the donated cells are taken from a donor’s bloodstream rather than the hip. (Approximately 70 percent of all bone marrow donations are offered through the arm in a manner similar to donating whole blood.) Now, as a result of this legal victory, not only will the pilot programs the plaintiffs looked to create be considered legal, but any form of compensation for marrow donors would be legal within the boundaries of the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and various other U.S. territories.

[…]

Rowes concluded, “This case isn’t about medicine; everyone agrees that bone marrow transplants save lives. This case is about whether individuals can make choices about compensating someone or receiving compensation for making a bone marrow donation without the government stopping them.”

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