Westboro Supreme Court mis-rule

SUMMARY: This isn’t Free Speech, it’s freedom of politico-(pseudo-)religious gang-persecution organized on a national basis against random mourners (as such) uninvolved in the grievances supposedly being protested by Funeral Invasion.


Mob pseudo-religious persecution of mourners’ Free Exercise of Religion — the Baptists’ “speech” is usually not on-point, but irrelevant to the life and death circumstances of the decedent at funerals they INVADE — is just like the mob persecution of Christians in Turkey, long winked at by a supposedly-secularist State.  It violates the civil rights of decedents and their grieving survivors.  Only an unholy alliance between the Court’s fellow-fundamentalists and its (this time) misguided “liberals” would rule that the civil rights of off-topic, political, media-hog, worship-invaders trump Freedom of Religion.

Yes, all defenses of Westboro defend their protests as political, though they are veiled in religion.  If (Westboro) politics now trumps (everybody else’s) religion, maybe the rest of the Religious Right IS right, that religious freedom is being flushed down the toilet with the politicization of everything — IRONICALLY, BY THEM!

Another way of approaching it is that the Religious Right, a vast well-organized group, may now abuse its “rights” to violate the rights of usually-tiny groups of mourners anywhere in the country — not unlike the invasive, disgusting, terroristic tactics of Operation “Rescue” abortion-clinic protesters and their incited gunmen / bombers / racketeers / conspirators.  If the Bill of Rights is about anything, it’s about protecting the rights of the oppressed — not only those oppressed by governments or officials, but by their fellow human beings in this country generally, especially by groups bigger than them.  Look for other hate groups to go back to the Courts now for vindication against explicit civil rights legislation — the Ku Klux Klan, “sovereign citizens,” (neo?)Nazis, self-appointed “militias” and border guards, “Dot Busters,” ‘crosshairs’ assassins, the whole sorry, scary lot of them.  What will the lawless Scalia/Roberts Court say then?  Cross-burnings and lynchings are OK again?  Literacy tests and poll taxes for voting?  Forced segregation of public schools?  ‘The disabled or mentally ill, gay or “different,” should be neither seen nor heard’?  Torching Catholic churches?  Slavery?  Human females as their males’ property?  State-Established religions again?  Swastikas scrawled on synagogues’ outside walls are OK because they don’t violate the “privacy” of the interior of the building??!!  It seems the Court liberals, including two Jewish women and a “wise Latina,” have been tricked into signing on to the rollback of the whole 20th century, if not worse.  (And Clarence Thomas? Nevermind!!!)

Ironically, this unholy alliance represents the difference between Classical Liberalism, in all its forms, and Classical Conservatism, ie, progressive conservatism … the former represented by the whole near-unanimous Court Westboro majority, the latter represented by most Americans’ gut-reaction to Westboro’s atrocities, and this ruling, more bad law, ie, incorrect law, from the Republican Courts and Party.

Learn about the ascendant hate groups and domestic terrorists from the  Southern Poverty Law Center, and support the SPLC.

And how did this case become merely about “privacy and emotional distress“?  The mourners’ lawyers should be disbarred for incompetence!  Were they law students?!  Was this one of those volunteer, workshop, law school projects they do???


Furthermore, does the ruling consider that funeral “privacy” only applies inside a building-of-worship, funeral parlor, chapel, mausoleum, etc.?  What about processions outdoors, burials, cemeteries, motorcades, even the going TO the funeral by the mourners — Some Protestant services even sacralize this with a “Gathering for Worship” recitation or song.  What about Neopagans, adherents of Indigenous religions, or other “outdoorsy” faiths, which might not often even USE a building with a real “indoors” component?  Obviously outdoor portions of a funeral share the vicinity with the neighbors, if any, of the funeral sites, so that’s presumed within Free Exercise.  I’m not sure being attacked, verbally assaulted, or finding yourselves involuntarily amid a political demonstration, controversy, or riot, especially one featuring offensive language, IS presumed within Free Exercise, except during times of Persecution of your freely-chosen (or -retained) religion … something the Court seems to endorse today, even its Fundies!  (Appropriate, I suppose, since their fellow Repugs drove the President out of the church of his choice, then complained he wasn’t Christian enough!  “I played you a tune but you did not dance, I sang you a dirge but you did not wail….”)

I’m willing to consider that baptisms/circumcisions, funerals, and weddings aren’t the same as routine religious services which might be invaded by hecklers urging you to change your religion.  I’m not sure though!  When I was a Quaker in the 1990s I admired George Fox and his Friends’ doing so in 17th-century Anglican and other Protestants’ “meetinghouses.”  Maybe they would’ve really converted  England if they’d just waited till after services, and stumped outside the buildings as the faithful were leaving!  But IIUC these Baptists aren’t recruiting, merely advocating for their ethical or political positions.  And often their protests seem aimed not at anyone present, except the newsmedia.  That’s just rude … Supremely rude.

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A corporation has no opinions or endorsements.

Only the people behind it do, especially the powerful and rich ones.  They have every right as individual “natural,” God-made “persons” that you and I have … even more since they are rich and powerful, if you know what I mean.  I struggle not to begrudge them that, after all, the Lord said, The rich you will always have with you … sort of.  It has ever been so; nothing new under the sun.

So why do they need to increase that influence of theirs exponentially by means of the money their customers entrust to them in good faith while making, in most cases, apolitical “consumer” purchases?  Why indeed?

And why, with extra privileges and “rights” that We The People have supposedly freely and graciously, Sovereignly bestowed upon them?  Why indeed?  What are they up to, and why should we “trust” them?

Why do they always want more, and more, and more?  Fool us once, shame on you.  Fool us twenty times … shame on us.

ADA doomed?

Will New Corporate America — The Second American Republic, if you will — chuck the Americans With Disabilities Act?

After all, look how expensive we are!  Do we spend enough to be worth it?

Hell, they could take away Disability assistance / benefits, and basically put us out on the street and/or kill us!

Light-skinned Mixed-Blood harassed on IHS clinic staff

But a dense Federal Appeals Court ruling doesn’t seem to get it!

What if it was the NAACP discriminating against a light-skinned Black employee?  In recent years they had one in charge, so maybe they don’t, but one other member of the Court panel might have been swayed by substituting Black for Indian ISTM.  Indians’ and Mixed-Bloods’ issues aren’t taken seriously in America; actually they’re only starting to be taken more seriously in Canada.

Even in the pages of Indian Country Today it seems open season on Mixed-Bloods.  In America you always must be either/or … maybe, like Fr. Andrew Greeley and David Tracy say, it’s that [sectarian] Protestant “dialectical imagination” rather than the Catholic “analogical imagination” for both/and.  The constant questioning and attacking and innuendoes and doubts are a real plague for us, and divide an Indigenous community that really can’t afford it.  U.S. Mixed-Bloods need a place where they can safely be who they are and know themselves to be and faithful to what’s been handed down to them by their forebears.  Yes, I know I look like the oppressor, but I am not, I never have been, and neither have any of my ancestors, and in fact once you go back about a thousand years if not sooner, we all have the same number of individual Indian ancestors, so the (unconstitutional, racist) “Blood Quantum” is a wash, if you really want to go that way!

I note the dissenting Appellate Judge was a woman, the majority two men.  (One with the CV of an Irish Catholic, which only goes to show you that’s not always a guarantee of social justice!  She’s a Clinton appointee; the men were appointed by Bush I and II respectively.)  Is it possible a woman brings necessary extra “experiences,” sensitivities, “biases,” to questions of “hostile workplaces”?  [You GO, Justice Sotomayor!!!]

This isn’t to say “Get over it,” at all.  (This is personal now, obviously.)  I grew up lower-working-class, without much known Irish OR Native culture or connections.  I would like more now, especially the Native because it’s HERE, in North America, where I have spent every moment of my life, and to which I have a special attachment since I’ve been learning more about my Native background.  If I ever am able-bodied again, I’d like to do more, too, even help.  But folks like me, “the 7th generation” perhaps?, need your help, humbly seek your help.  Why can’t it be a mutual give-and-take?  I didn’t grow up “On The Rez;” I grew up urban Poor Overextended “White” Trash, OK?  Sure, I won’t get called lazy by White South Dakota farmer-settlers at first glance, and I’m not proud for not speaking up when I heard that; but they were hosting me for the night, free of charge, and I had no other options at that time in my life … and it was July … you know what I’m talking about there, July in Dakota….  Anyway, WANNABE” STANDS FOR WHITE AND NATIVE NORTH AMERICAN BY EXOGAMY!  (I wanna claim the rights to that expression, but I don’t want to restrict its dissemination, so if you ever meet me, keep that in mind, ’cause I could really use the money….)

In any case, was that poor woman counseling at that clinic because it pays so well?!!  That’s not what I hear.  Probably she could’ve gotten much better pay and benefits elsewhere, even Passing For White, or not: Some Whites have more regard for someone being “part-Indian” than some Indians it seems.  But she stayed there 11 years, helping kids, the next generation, while enduring that racist crap from her own people.  She herself seems to be an elder — Worse yet!  This is the Appeals verdict, including Dissent (PDF).  I wish her lawyers had demanded proof/testimony of the faxing of a copy of her original EEOC complaint by and from the EEOC to the Clinic, supposedly within minutes of her filing it; then if the Clinic couldn’t produce it, nor reasonable cause why not, there might’ve been a question of withheld or destroyed evidence in discovery — very nasty for them, and helpful for her case.  One would wish Ms. Nettle had taken notes of the harrassment she received — names, dates, verbiage used; but good-faith employees aren’t always looking to build a case against someone until it’s too late — management has the built-in advantage: they can fire you, you can’t fire them.  But the male judges don’t see that in questioning her very Indianness they were directly attacking her employment there, because of the legal preference for “Indian” hires; these aren’t run-of-the-mill skin-color disparagement insults, so to speak.  They DO “alter her conditions of employment,” in a very technical sense of the term: presumably her skin color didn’t change much between 1993 and 2004!  It was OK enough to hire her, but not OK to make her feel welcome when she first arrived at least, and for her last 5 years there.  Because her employment was under what I must refer to as a racio/legal preference system, these insults struck directly at her continuing employment there, as well as any future employment anywhere else where they’d ask, What happened at the Clinic?  Maybe their job descriptions should state clearly, Must look like a Hollywood Injun!  “Hostile work environment”?: How about one where you might be fired because of how you look?  Isn’t that what EEOC and civil rights laws are all about?!!!  If not, My God, what!  Even “jokes” pile up after 11 years, especially “race” jokes!  And I’m not even a lawyer, though I was a Shop Steward.  The male judges, Republican appointees, just don’t get it, and as usual, analyze a complaint to pieces unjustly.  (What the Dissent goes on to call disparagingly, “divide-and-conquer analysis”!)

It is interesting to see “light-skinned Native Americans … in a protected legal class” though, even from the GOP!  Though only they would consider loss of some pay or benefits NOT “an adverse action”: She wasn’t a volunteer!!!  What I really wish is that she had a union in there, with a Shop Steward and a collective bargaining agreement — They’re present in many nonprofit workplaces.  When I was a Steward (in admittedly very different circumstances), I spent most of my time having complaints from my members bounced off me; most of the time management was allowed to do what was complained of (I inherited a lousy contract), but we at least cultivated a Shop where these things were talked up, evidence gathered for when Grievances were eventually filed in other cases. 

I have to question the competence of her counsel also, though her only appeal from here, within the U.S. system, would be to the still-GOP-dominated Supreme Court; although it’s possible even they would feel the need to send the case back to District Court for a full trial (This was only “summary judgment”), since there are so many holes in the Appellate Majority’s reasoning (if it can even be called that).

Republicans harassing Blacks who vote early

Unbelievable but true in this day and age, the harassers learned nothing from the ’50s and ’60s except that Southern Democrats were done with that sort of thing.  Really desperate.  They show their true colors … and I haven’t heard McSame/Failin’ disavow them.  IIUC this kind of harassment is a crime, a violation of voters’ civil, legal, constitutional, and human rights … and the police do nothing — just like the cops who it seems were complicit in helping suppress turnout in 2000 and ’04 by blocking streets near polling places in Black neighborhoods, etc.

What could be scarier?: The idea that these people seek to enforce their belief that “Sundays are for church, not voting,” on the rest of us — by mob-rule yet!  There is no legally-established religion in the United States, and hasn’t been since before the Civil War.  People are free to make of Sundays or any other day of the week what they will as long as it’s legal.

Speaking of disavowals, I had forgotten that McCain “pals around with” wannabe-terrorist G. Gordon Liddy (text-search his name among the Comments on the linked page).

Yup, Yup,” it’s clear what Repugs mean when they talk about democracy and “traditional values”: Jim Crow, exclusion of people of color, or rather, of anybody who disagrees with them.  Just like the “Founding Fathers” did!  McCain is even willing to lie — or didn’t know, either way, it’s profoundly disturbing in a wannabe-President — about the scheduling of the last innings of the World Series, on which he chooses to attack Obama.  “You betcha, doggone it!”

Orthodox vision of human rights?

Last week the quadrennial Council of all Bishops of the Russian Orthodox Church from throughout the world promulgated a statement, The Basic Principles of the Russian Church Teaching on Human Dignity, Freedom and Rights, discussed here by Interfax’ religion service.  It’s been a topic of discussion and continuing work since the release of the year 2000 Council’s The Basis* of the Social Concept of the Russian Orthodox Church, as well as of course ongoing human rights criticism of Russia, Serbia, and some other Orthodox and neighboring countries, the spread of the U.S./NATO/EU eastward into the former Warsaw Pact and the Commonwealth of Independent States, the Western-backed ‘color revolutions’ in Georgia, Ukraine, and threatening in Belarus and Mongolia, as well as notable contradictions in Western human rights and election practices itself.  It doesn’t seem available on the Web in English yet, but Interfax emphasizes its confrontation with what some Russians, using a term echoing the “militant atheism” reference to Communism, are now calling “militant secularism”:

According to the authors of the Orthodox vision of human rights released Thursday, “blasphemy shall not be justified by the rights of artist, writer or journalist.” Under the pretence of human rights protection, civilizations “should not impose their lifestyle patterns on other civilization{s}” and the human rights protection “should not {be used cynically to} serve interests of certain countries.”

The right to education provides for gaining knowledge with a view to cultural traditions and visions of a family and a person. Most world {cultures} are based on religion, therefore, any comprehensive education and upbringing should include the basics of religion which created the culture where such person lives,” the Basics read.

The document also states that private life, vision and people’s will should not be subject to “total control”. “Manipulation of people’s conscience and choice by government agencies, political powers, economic and information elites is dangerous for the society. It is also unacceptable to collect, concentrate and use information on any aspects of person’s life without his/her consent,” the Basics’ authors believe.  {Corrections, emphases, and clarifications Tiernan’s.}

Of course, most Russians living today well remember the abuses alluded to in the last paragraph!  I can’t endorse it without seeing it in detail, but I commend its reading, at least, to all of us who seek to deal rightly with Eastern Europe, the Orthodox World, and ultimately the whole Two-Thirds World.

(*–Sometimes translated as Bases, the plural of Basis.)