The Case of Constant Doyle

Once upon a time, Perry Mason was in the hospital, and another lawyer had to step in…. and who was that lawyer? None other than Bette Davis. She plays Mrs. Doyle, the smart, tough-talking lawyer who helps out Cal Leonard, the handsome young juvenile delinquent who’s in jail for assault. Cal steals her car and next thing Mrs. Doyle knows, she’s in the middle of a murder case — and taking on the male establishment to boot.

I’m a big fan of Perry Mason. But Constant Doyle, as played by Davis, is way better than Perry Mason as played by Raymond Burr. Check it out yourself:

The legal relationship between same-sex marriage and gender equality

The headline from today’s San Francisco Chronicle says it all: “Unconstitutional: Same-sex marriage backers rejoice as federal judge strikes down Prop. 8”. I’ve been reading over parts of the judge’s ruling, available as a PDF file on the Web site of the San Jose Mercury News. I was particularly struck by the judge’s reasoning that by outlawing same-sex marriage, Prop. 8 discriminates, not only on the basis of sexual orientation, but also on the basis of gender:

Plaintiffs challenge Proposition 8 as violating the Equal Protection Clause [of the 14th amendment] because Proposition 8 discriminates both on the basis of sex and on the basis of sexual orientation. Sexual orientation discrimination can take the form of sex discrimination. Here, for example, Perry is prohibited from marrying Stier, a woman, because Perry is a woman. If Perry were a man, Proposition 8 would not prohibit the marriage. Thus, Proposition 8 operates to restrict Perry’s choice of marital partner because of her sex. But Proposition 8 also operates to restrict Perry’s choice of marital partner because of her sexual orientation; her desire to marry another woman arises only because she is a lesbian. [p. 119]

The judge also pointed out that, in the past, marriage had been a “male-dominated institution.” Then as gender equality became the law of the land, marriage had to change such that both partners became equals: Continue reading

We’re happy, but…

This afternoon, federal judge Vaughan Walker of the Northern California District Court released his decision: Prop 8 is unconstitutional.

This evening, the mood at the rally outside San Francisco City Hall was ebullient.

Sign at tonight’s rally at San Francisco City Hall

There was also a serious undercurrent. Everyone present knew that Walker’s decision would be appealed by the supporters of Prop 8. Everyone knew the odds are that this legal battle will be fought all the way to the U.S. Supreme Court. Everyone present knew that there is a good chance that supporters of marriage equality won’t wait for a Supreme Court decision, and that we’ll try to have an initiative on the ballot in 2012.

The rally ended fairly quickly (and it would have ended earlier but for some long-winded clergypersons; boy, people in my profession do like to hear themselves talk). I was just as happy it ended fairly quickly; it was a typical San Francisco summer evening, cloudy, with a chilly damp wind. My favorite quote from the evening: “There is nothing more delicious than being a love warrior today.”

Prop 8 court decision tomorrow

From a U.S. District Court announcement dated today:

3:09-cv-02292
Perry et al v. Schwarzenegger et al
Challenge to “Proposition 8”
Chief Judge Vaughn R Walker
United States District Court for the Northern District of California

On August 4, 2010, the court will issue its written order containing findings of fact and conclusions of law following the court trial held in January and June of this year. The order will be e-filed in the court’s Electronic Case Filing system, and will be immediately available thereafter through ECF and PACER. There will be no court proceeding associated with the publication of the order.

Read the full announcement here. The decision is supposed to be released between 1 and 3 p.m. Pacific time.

In my area (Bay area, the Peninsula), I know there will be a rally of celebration or recommitment here in San Mateo tomorrow at 6:00 p.m. Pacific time, corner of Fifth Ave. and El Camino Real. There’s also one being planned for Mountain View, 6:00 p.m., City Hall and Caltrain station. And of course, San Francisco: march stepping off from the Castro 5:00-6:00 p.m., rally at City Hall at 6:45.

Gayapolis lists some nineteen rallies in California, and a few others across the country, including several places in Texas, as well as Denver, and Rochester, New York..

There’s another, longer, listing of rallies on the Prop 8 Decision Ning site. Note that there will be a Prop 8 rally in Phoenix!

For my friends back in Massachusetts, Join the Impact is going to have a rally at Copley Square, Boston, from 6:00 to 8:00 p.m. Eastern time, and you can find details on their Facebook page.

If you attend one of these other rallies, I’d love to hear about it. I’ll be at the rally in San Francisco, and will report back in a couple of days.

Front page news

A lead story today from the New York Times reminds us that “members of the clergy now suffer from obesity, hypertension, and depression at rates higher than most Americans. In the last decade, their use of antidepressants has risen, while their life expectancy has fallen.”

And how can we stop this downward trend? No definitive answer yet, but: “a growing number of health care experts and religious leaders have settled on one simple remedy that has long been a touchy subject with many clerics: taking more time off.”

Sounds about right to me. That’s the way many ministers are trained. I have minister friends whose internship supervisors insisted they work far more than 40 hours a week during their internships; one supervisor told her intern that the intern must work at least one 80 hour week “to know what it feels like”; that supervisor routinely worked 60+ hours a week.

And then there are the minister who rarely take Sundays off, who never use all their vacation time, and rarely take more than one day off in any given week. And now of course cell phones mean that clergy feel they should always be available, at any time of the day or night (there goes your sex life, I guess) — even though we all got along just fine in the days when there weren’t even any answering machines.

OK, so my bias is obvious (and I do take my vacations, and keep my hours below 50 hours a week). So what do you think?

Playing the “who-married-’em” game

One of the ways I sometimes amuse myself on Sunday afternoons is to open the “Sunday Styles” section of the New York Times, and turn to the wedding announcements. I look at the photographs of the wedding couples, and try to figure out who officiated at their wedding.

Because it’s the New York Times, most of the officiants are Epsicopalian priests, Conservative Jewish rabbis or cantors, Catholic priests, or Presbyterian ministers — you know, from the religious groups that are a little higher up, socially speaking. These are the boring couples, because I usually can’t figure out who officiated at their weddings; whether an Episcopalian or a Presbyterian or a Jew or a Catholic officiated, the couples all look pretty much the same. Sometimes you get fooled, though: although there aren’t many Lutherans in the New York Times, when they’re there, they look a lot like Presbyterians.

Then sometimes you get couple who was married by a justice of the peace, or by a friend of the couple who got a one-day license from the state, or by someone who picked up an ordination through the Universal Life Church. I can usually separate these couples out from the previous group; this second group might look a little scruffier (as far as any New York Times wedding couple ever looks scruffy), or a little less conventionally good looking, or their photograph might be unconventional (this week, look for the couple on the bicycles — they had a Universal Life minister).

Once in a blue moon you get a couple who had a Unitarian Universalist minister officiate. I always miss them, because I’m just not expecting them. So imagine my astonishment when I look to see who officiated at the wedding of the nice-looking middle-aged couple. I was expecting a justice of the peace (not many middle-aged couples in the Times, plus he has facial hair) — but not only did a Unitarian Universalist minister officiate, it was someone I know.

Congratulations, Michelle, for finally making into the New York Times. Now you have really arrived.

On civil disobedience

When I went off to college, I immediately got involved with the movement to do away with nuclear weapons; I was a religious pacifist, I was attending a Quaker college, it was a natural thing to do. Some of the other students were planning to engage in civil disobedience, and I began to consider doing so myself. I wrote to Pat Green and asked his advice. Pat had been the assistant minister and the youth advisor at my church, and I remembered that he had talked about being arrested for engaging in civil disobedience while protesting the Vietnam War. “Somewhere in the FBI files,” Pat had said, “there’s mug shots of me wearing one of those conical Vietnamese hats.”

By then, Pat was the minister of the Unitarian Universalist congregation in Birmingham, Alabama. He wrote back quickly, and said he would not advise me to engage in civil disobedience. He felt his arrest had not had any effect on United States war policy; the only thing it had done was to give him a criminal record; the price paid was not worth the end result. Maybe he thought that he had to say that to a seventeen year old kid, but I doubt it: Pat was terribly sincere, and I think he really meant what he said.

Two and a half years later, I saw some friends of mine getting arrested trying to blockade the entrance to Seabrook nuclear power plant in New Hampshire. That same weekend, I also saw that the greatest effect of our protest at Seabrook was to polarize opposition, and reduce the possibility of meaningful dialogue about nuclear power plants. I was at Seabrook, partly for the adventure of it, but also because of a dawning systems-level understanding that the nuclear power industry was intimately connected with the nuclear weaponry, not least because of the possibility of weapons-grade materials getting stolen by terrorist groups. That kind of understanding had no place in the rough-and-tumble world of protest politics, where often the most that happens is that people yell at each other and get ten second interviews with the news media.

I just went and re-read Thoreau’s “Civil Disobedience.” I had forgotten how deeply personal it is. I had also forgotten how deeply spiritual the essay is: Continue reading

300

In the middle of the afternoon, I took a break and slipped off the Baylands Nature Preserve. A light breeze, gusting to a moderate breeze, came from a little west of north, and brought the smell of salt water of the bay with it. I felt a little cold, and thought about going back to the car to get my fleece vest, but decided to keep walking. The tide was just beginning to come in, and there were so many shore birds all over the mudflats — American Avocets, Marbled Godwits, Willets, Western Sandpipers — that I spent most of my time looking down at the mud, not up at the sky.

Then a huge something flew overhead. I looked up in time to see a big white bird with black wing tips gliding low over the salt marsh. I didn’t even need to look at its head to know that it was an American White Pelican (Pelecanus erythrorhynchos). I’ve seen plenty of Brown Pelicans, but somehow I had never seen a White Pelican before today. And I didn’t just see the one; as I got farther out the dike trail, I saw half a dozen more gliding overhead, and after I had walked about a mile I saw more than twenty more sitting in the marsh about two tenths of a mile away from the dike.

The American White Pelican was the three hundredth species of bird that I’ve positively identified. I’m not a very good birder, and the main reason that I’ve managed to see that many species of birds is that I’ve lived on the east coast, on the west coast, and in the midwest. And I have to admit that it has taken me more than forty years to see that many species — I can positively remember seeing a Rufous-sided Towhee for the first time in July, 1967, when I was six years old, so I can date the beginning of my birding career no later than then. Nevertheless, I certainly felt a little thrill go through me this afternoon when I realized that I was indeed seeing an American White Pelican, a bird I had never seen before.

I spent a good ten minutes watching one White Pelican feeding at the edge of one of the sloughs in the Baylands Preserve: sticking out its neck as it floated along and running its long peach-colored bill through the water, then putting its head back so I could see its somewhat distended throat sac. And I spent a fair amount of time watching three or four of them flying together: these huge birds with a wingspan of up to 120 inches in close formation, gliding along and barely flapping their wings. It was certainly a dramatic way to reach the three hundred species milestone.