Government Shut Down, Day 4: It's Officially Time to Get Angry

So how did we get here? Since October 1st the government has not granted itself the power to spend money, setting up the “government shut down” that we now face. It has meant that approximately 800,000 employees of the federal government (including my sister Lisa) cannot go to work and are not getting paid. It has meant that none of us can go to a national park like Yosemite or Yellowstone. We can’t apply for Social Security or watch the pandacam at the National Zoo.

It’s become a throwdown between members of Congress, but perhaps it bears looking at the background. The Constitution enumerates the powers of Congress in Article 1. Section 8 states that the Congress shall “have the Power to lay and collect Taxes, Duties, Imposts, and Exercises, to pay the Debts and and provide for the common Defence and general Welfare of the United States.” Section 9 states: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the receipts and Expenditures of all public Money shall be published from time to time.”

Since the 1921 Budget and Accounting Act, the President is required to submit a budget to Congress by February. If Congress passes the budget, it becomes law effective October 1st (the federal fiscal year is October 1st to September 30th). If they change it (ie, make amendments), it goes back to the President for his signature.

For much of the 20th Century this worked, but it began to fall apart toward the end of the century. As a matter of fact, it last worked in 1997. There is an excellent article in the Washington Post on this.

Since then, Congress has passed a series of “continuing resolutions” and “omnibus spending bills” that have continued funding of the government without ever developing a budget for federal spending. During that time Congress has passed all sorts of laws that have required them to spend money, including Medicare Part D.

During the administration of George W. Bush, federal spending increased from $1.86 trillion to $2.98 trillion. Much of it was devoted to national defense after 9/11 and his wars in Afghanistan and Iraq.

When Barack Obama was elected in 2008 he proposed the Affordable Care Act to expand health care to almost all Americans. It was passed by both houses of Congress and signed into law by President Obama on March 23, 2010. The Republican minority never liked this and pledged to repeal it if they had the chance. In 2012 they gained a majority in the House of Representatives but the Democrats retained the majority in the Senate and President Obama was re-elected in 2012.

Any law that is passed can be repealed, but since both the Senate and the President support the ACA, this won’t happen. The crux of the current government shut down lies in this: the Republican majority in the House of Representatives refuses to entertain a budget or pass a continuing resolution to keep the government funded unless the ACA is “defunded.” By defunding it they essentially say that whether it’s the law of the land or not, Congress will not pay for it. This has the effect of blocking the law without repealing it.

It’s a misuse of their power. Whenever Congress passes a law they make a pledge that they will pay for it, in much the same way I promise to pay for anything I charge on my credit card. By defunding a bill that was legally passed they are no better than someone who takes out a credit card with no intention of paying for what they buy.

It’s time for us to get angry and demand accountability. I understand that the Republican majority in Congress doesn’t like the ACA, but I didn’t like the Patriot Act [sic]. That doesn’t mean that I wanted Speaker Nancy Pelosi to shut down the government and put 800,000 people out of work until it was repealed.

The government needs to go back to work and the Republicans need to understand that they don’t get to hold the rest of us hostage.

Now It's the Navy Yard: Here We Go Again

On September 16th Aaron Alexis, a civilian contractor working for the Navy, came onto the campus of the Navy Yard in Washington D.C. Unbeknownst to anyone he was carry a Remington 870 shotgun that he legally purchased at Sharp Shooters gun store and firing range. This shotgun is often called a “riot gun” because it has a short barrel and can carry 6 to 10 shells at a time; this makes it particularly useful for law enforcement in riots and other crowd control.

Unfortunately we’ve also learned it’s an effective weapon for a lone shooter to kill lots of people in a short time. By the time law enforcement shot and killed Mr. Alexis, 12 other people lay dead, and several more were wounded.

It feels a little local to me. I grew up in Woodbridge, Va. (about 20 miles south of Washington D.C.). My father was a government employee for his career and my sister is currently a civilian employee of the Army. The gun store that sold the shotgun is 10 miles from my childhood home and Kathleen Gaarde (who was one of the people killed) lived 3 miles from my high school.

I’m struck by how routine these events have become. The National Rifle Organization continues its undefeated run of blaming everyone but themselves and making clear that any politician who strays from their message will be targeted for reelection.

Mr. Alexis came to September 16th with a long history of mental illness, but also an honorable discharge from the Navy and the ability to get a job as a contractor. It’s frighteningly easy to look at his mental illness, proclaim that “those people shouldn’t have guns,” and pretend there is nothing else to do.

There is much else to do and somewhere we need to find the moral courage begin the job of keeping us safer. I confess I’m weary of politicians who dare not speak the truth out of a fear of losing their jobs. While there is no good reason for cowardice, keeping your job at the expense of human lives is particularly bankrupt. These riot shotguns are not meant for hunting game: they are designed to kill people and they are very good at that. It makes sense for the military or law enforcement to have access to these guns but there is no good rationale for civilian ownership.

I’m not one on those “anti-gun nuts.” I understand that people own guns for a variety of reasons: some are collectors, some are hunters, and some are protecting home and family. I don’t collect guns, I don’t hunt, and I don’t own anything I would kill to keep. But I do respect the rights of those who do collect, hunt, or protect.

OK, now what do we do with gun ownership among the mentally ill? It that really as easy as that? No, it’s not. The term “mentally ill” is simply vague, and current legislation is all over the map. The National Conference of State Legislatures (NCSL) has a web page that lists (state by state) laws that prevent the mentally ill from owning guns. According to this, the federal government prevents giving a gun to anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.” Most state laws follow the same requirement: you can’t own a gun if you’ve been institutionalized or been found by a court to be mentally ill.

Mr. Alexis had several run ins with the law, but in none of them was his mental capacity examined. To that extent, the gun shop in Lorton did nothing wrong in selling him the shotgun.

So how do we prevent people who are mentally ill from getting guns? I think we should keep looking at this issue, but recognize that there’s never going to be a bright line. Mr. Alexis showed signs that indicate he may have been suffering from paranoid schizophrenia. In his delusional mind he thought he was he was being controlled by low frequency electromagnetic waves.

The world of mental illness is much broader than that. Mental illness also covers people who suffer from depression, bipolar disorder, and many other illnesses. Our brothers and sisters who live with these diseases often don’t seek help because of prejudices and the fear of being labeled “crazy.” They have learned that seeking help can often cost them jobs, friends, and social standing. In the ongoing attempt to protect their profits, the NRA wants to throw this group under the bus, and it works against those of us who want to take the fear out of seeking treatment for mental illness.

We can all agree that people who think they are being controlled by low frequency waves shouldn’t own a gun. But what about someone who seeks treatment for depression who knows that his quest will put him on a list that makes him too crazy for gun ownership? What if he comes from a family of deer hunters? If he seeks treatment, his entire family will know about it because he won’t be able to hide the reason he can’t buy a gun. Will it make him afraid to seek treatment, and turn managed depression into uncontrolled depression?

Certainly we need to keep guns out of the hands of people who are dangerous. But this needs to be paired with reasonable gun control. If the next shooter has access only to guns that require frequent reloading, this would save lives. It wouldn’t in any sense impair people who want guns for collecting, hunting, or protecting. We don’t need guns whose only purpose is to kill large numbers of people in a short time.

Be assured I’ll reference this article the next time there is a mass shooting.

Tom's New Free Homily Service

As some of you know I’ve been writing this personal blog for almost 10 years now. It’s been fun, but lately I’ve been wanting to branch out into another area.

I left the world of Catholic priesthood 16 years ago, and there’s much I don’t miss, but I do miss preaching. Good preaching is hard work, but when it’s done well it’s a joy. Frankly I’ve lately been getting bored with what I’m hearing and I often found myself sitting in the pew thinking I could do better.

Challenge accepted. Last month I opened a blog post here; you can also access it by clicking on the link on the left titled “Tom’s Homilies.” I’d like to get a wider readership and that’s why I’m posting this. If you wish (and only if you wish) I can send you a copy of what I’ve written each week.

If this is something you’re interested in, please let me know. You can email me at thomas.allain@icloud.com and I’ll anonymously include you in this list.

Just a few things about this:

• This is just for my own creative need to get something out. I’m not pointing fingers at anyone and there’s no hidden agenda. Mostly I want to get back into a world I miss.
• If you don’t want to receive it, you honestly won’t hurt my feelings. Just delete this email and I promise I won’t be keeping score.
• I try to do this a week in advance. A friend of mine suggested this because people who belong to a bible study or small church community may want to use this material in their discussions.
• I follow the Catholic lectionary; I understand that other Christian faiths follow much the same calendar. If you wonder why I’m choosing the readings I choose, it’s because I’m not the one who chose.
• If you are writing a homily, please understand that none of this is copyrighted. Feel free to use what you read (though it would be nice to credit me).
• Catholic Sunday homilies generally run about 8 to 10 minutes and that translates for me to be about 1500 words. The homilies I’ve done so far are shorter than that as I retrain my “homily muscles.” I expect to get up to the 1500 word range.
• Finally, as I’ve gone through my list I’ve thought of a number of people for whom I don’t have email addresses. If you think of someone who might be interested, by all means forward this email. A preacher preaches to everyone who shows up, and I have no desire to control my audience.

Time to Move On Bob

Last month I wrote about San Diego’s current mayor, Bob Filner. He was elected last November and has been in office since December. Previous to that he served in the U.S. House of Representatives. Beginning last month a cascade of women have accused him of sexual harassment and abuse. One of them, Irene McCormack Jackson filed a civil suit against the mayor.

On July 26th he called a news conference; many of us expected he would resign. Instead he admitted that some of his actions were “wrong” but denied charges of sexual harassment. He also said he was going to seek treatment for this, while maintaining his role as mayor. On July 30th the city council voted a resolution that the city would not cover his legal bills; Filner responded by saying it was the city’s fault because he had not received training in sexual harassment (oddly he appeared to know enough about it to deny guilt).

The beginning of this month he left his office, purportedly for treatment; he returned after one week, and then took some vacation time. He has not acted in his official capacity since the July 26th news conference.

Shortly after that conference a recall campaign was started. It requires over 100,000 signatures to be gathered in 39 days, the San Diego city clerk estimates that a recall election would cost the city between $3 million and $6 million.

In the last few days word has come out there Bob is looking for a deal. Most of us assume he will resign in return for a negotiated settlement of any lawsuits that the city would pay for. Most of us find that pretty distasteful, but it may be cheaper than the cost of a recall.

Bob should man up and do the right thing: admit what he did, resign, and suffer the consequences. Of course, if he were a real man, he wouldn’t have abused the women around him.

Lions, Tiger, and Bears: If This Isn't On Your Bucket List You Have Only Yourself to Blame

Last year Nancy was at a charity auction and placed the highest bid for an overnight at an animal rescue facility called Lions, Tigers, and Bears. Because of schedules we were not able to plan the overnight until earlier this month. It was amazing.

Nancy and I went with her sister Mary Kay and Mary Kay’s husband Chuck. The facility is located about 40 miles from us in Japatul Valley and we drove out there on Thursday afternoon. It’s a sanctuary for exotic animals who need a place to live. Sadly there is a demand in our country for ownership of animals who have no business being owned in substandard conditions. This facility was born in 2002: two Bengal Tigers in Texas were being neglected by their owner. He was persuaded to donate them to this facility. Once here, the female was found to be pregnant and she gave birth to two cubs on November 8, 2002.

Since then they have opened their doors to other exotic animals, and to us. They aren’t a zoo: they don’t buy, sell, trade, or breed animals. Their sole purpose is to rescue animals that have found their way to places where they can’t be cared for: roadside zoos, stupid rich people, and (let’s face it) stupid poor people. Also, some carnivores unwittingly intrude into suburban neighborhoods and would be killed. This facility will take them in and provide an excellent life for the rest of their lives.

We were there from Thursday night to Friday morning, and it was an enchanting experience. When we arrived we were greeted by Tina who enthusiastically showed us around the grounds and provided us the background and history of the exhibits. We knew we would be impressed by the animals, but we didn’t expect to be impressed with the place we were going to stay (Mary Kay asked us if we needed to bring sleeping bags). Our accommodations rivaled the best of any bed and breakfast. We were pampered well beyond our expectations.

Early Friday morning I woke up and walked around the exhibits. Conga, one of the leopards, saw me before I saw her and jumped in my direction. I wasn’t in any danger as there were two fences between us, but that was not my first thought. Advantage: Conga.

If you care about the plight of these magnificent animals, if you care about the welfare and future of lions, tigers, and bears, or if you just want to spend a night in a magical place, do not let this experience you by. Call now.

Rest in Peace Paul

I received word a few days ago that my friend and ordination classmate Paul Reynolds died suddenly of a heart attack. You can read his obituary here.

Paul was a rare person. He wasn’t flashy and never called attention to himself and was often so quiet you could forget he was there. But what you didn’t know is that Paul always knew you were there. He had an uncanny ability to evaluate a situation and know what needed to be done, and he did it. We were in seminary together from 1990 to 1993 and things didn’t always go smoothly. There were about 25 of us and we were all trying to figure this priesthood thing out. There were conflicts, friendships that developed and ended, hellos and goodbyes, and painful decisions made. All through it while the rest of us were raging against this belief or that comment, Paul would stay in the background watching and listening. Later, he would quietly make sure that the kind word or reassuring affirmation happened where it needed to happen.

The last time we saw him was May of 2012 in Boston. He was navigating his work at MIT and priesthood and the difficulty of that balance clearly weighed on him, but you would never know it to talk with him. His heart was always so kind and generous, it’s no wonder that’s what eventually gave out. Rest well Paul, and enjoy the banquet feast of Heaven.

Pay No Attention to the Little Man in the Mayor's Office

Yes, San Diego has once again made headlines, and not for a good reason. Earlier this year we elected Bob Filner as mayor of the city. He is a democrat and I tend to support his positions, but I was uneasy pulling the lever for him. Previous to this he served in Congress for nearly 20 years and he had a reputation as a hothead with a hair trigger temper. In 2007 he was charged with assault after an altercation in the baggage area. The woman who got in his way appeared in ads for Bob’s opponent during the election.

Now we are hearing about charges of sexual abuse. Allegations in the last few weeks paint a picture of a man who, for example, suggested that a female employee should come to work without panties. There are also charges of groping, kissing, etc. Last week he acknowledged that he has acted “inappropriately” and that he needs help. Shortly after this he answered specific charges by saying he is entitled to “due process of law.” When one of his employees came forth yesterday, Filner denied the charges.

OK, let’s sort this out. Mayor Filner states that he is entitled to “due process of law;” that phrase comes from Section 1 of the 14th Amendment of the Constitution. It only applies to criminal proceedings; to the extent that nobody has seriously suggested the mayor be arrested, due process doesn’t apply.

The mayor needs to resign. The charges point to a pattern of behavior that is simply unacceptable and it makes day to day operations difficult. The women who work near him now need to worry about their own safety as a first priority, not the business of the city.

A common misconception with men like this is that they see this as a perk of being powerful. In reality these are men who are weak and want to be powerful and think this will do it. It’s inconceivable to the rest of us, but they honestly don’t think this kind of abuse is unwelcome or frightening. When confronted they downplay it, suggest they were “just kidding” or “just fooling around.”

It’s not playful or welcome. It’s unacceptable and does not serve the people of San Diego.

Can a Christian Celebrate Ramadan?

In the Muslim world this is the holy month of Ramadan where they celebrate gift of the Quran from Allah to the Prophet (Mohammed). As part of the celebration they fast from all food and drink from sunrise to sunset.

Our friend Lynn helped set up dinners where Christians like us share a meal with a Muslim couple. Last night after sunset we gathered at the home of a local Muslim couple (joined by another couple) and broke the fast.

On one level it was an ordinary dinner party. We talked about family and work, we were entertained by their daughters, and we ate terrific food. But on another level, it was extraordinary. I was thinking last night about all the people I wish were there: people who send me anti Muslim screeds, whose knowledge is dependent on exactly not sharing this meal. Whose “truth” is based on what they refuse to hear.

By being there we learned about how they came to the United States and want only to make a better life for themselves and their children (and grandchildren, and so on). We all benefit from them being here.

It was a good night and I’ll continue to pray for Ali, Emel, Ahmet, and Nur (and for Ali and Emel’s children who entertained us and officiated as food tasters).

The Justice Chronicles Volume 12: Marriage Gets More Inclusive

Last month the Supreme Court handed down decisions on United States v. Windsor (DOMA) and Hollingsworth v. Perry (Proposition 8). They covered different issues and made different claims, but both opened up marriage to gay couples.

This shouldn’t surprise readers of my writing, but I was disappointed with much of the news coverage. Most of what I saw from the major networks held up the decisions to “who won, who lost” and missed the reasoning behind the decisions. I was interested in this and also which justices landed on which side.

The DOMA case was 5-4; Justice Kennedy wrote the opinion and was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justices Roberts, Scalia, and Alito wrote dissents; Justice Thomas joined the dissents of Justices Scalia and Alito.

DOMA (the Defense of Marriage Act) was passed by Congress and signed by President Clinton in 1996. Basically it mandated that the federal government not recognize gay marriage even if the marriage is legal where it was performed. That meant gay couples who legally married were not eligible for such things as joint filing of income taxes, survivor benefits for Social Security, etc. The lawsuit was brought by the widow of a lesbian marriage; because their marriage was not recognized by the federal government the surviving member owed $363,053 in probate taxes. If not for DOMA she would not have owed anything (you automatically get all your spouse’s assets tax free when he or she dies). She claimed that the federal government must recognize all valid marriages, not just heterosexual ones. She was also able to show that DOMA caused her harm to the tune of $363,053.

The majority of the court (led by Justice Kennedy) argued that since states issue marriage licenses the federal government can’t decide which marriages are valid and which aren’t. Different states have different rules about who can marry (e.g. minimum age) and the federal government recognizes any marriage the state recognizes. DOMA puts homosexual marriages in a different case for no good reason

The dissents argue a few points. Justice Scalia argues that the court should never have taken the case (it’s a fairly technical point that he makes well). Most of the rest are what we’ve come to expect: that traditional (opposite sex) marriages are the norm because only they can produce children. They also decry the demonization they have suffered: opponents of same sex marriage are right only because they are demonized as homophobes and bigots.

In a sense they have a point: they are homophobes and bigots. The justices who dissented argue several points that make no sense and weak arguments: “this decision refutes the will of the majority,” “this decision goes beyond what everyone used to assume about marriage,” “this decision allows people to love one another in a way that offends me,” etc.

Simply put, this allows adults to marry each other. Granted, homosexual marriages cannot produce children but neither can marriages of heterosexual couples where the woman is post-menopausal or where one (or both) have been sterilized. We, who are heterosexual, cannot ban marriages that we find gross and icky. Marriages in the this country haven’t been homosexual, but in many states marriages weren’t biracial until 1967 (Loving v. Virginia).

The Proposition 8 case was more interesting in the lineup. The 5 person majority consisted of Justice Roberts (who wrote the opinion) and was joined by Justices Scalia, Ginsburg, Breyer, and Kagan. Justice Kennedy wrote the dissent and was joined by Justices Thomas, Alito, and Sotomayer.

The Court ruled that they weren’t going to rule on the merits of the Prop 8 case because the defendants had no standing (they had no right to bring the case). The case originated with several gay couples who wanted to marry but were prevented by Prop 8; they filed suit against the state of California. In the first round the court ruled for the plaintiffs, and the state of California decided not to appeal. Supporters of Prop 8 stepped in as defendants, claiming that they had standing because they were the ones who collected the signatures for the ballot initiative. The Court ruled that they may have had standing during the process of putting the measure on the ballot, but once it passed, only the state of California could defend the proposition.

This was a mixed result for supporters of gay marriage. While this will allow gay marriages in California once again, it does not affect laws in other states. Many of us wanted the Court to go further and rule that Prop 8 is unconstitutional because the states don’t have the right to ban gay marriage. They wanted a gay version of Loving v. Virginia.

What next? Proponents of gay marriage have 2 routes: they can bring suit in a state that currently bans gay marriage, or they can start working on the state legislature level to pass laws that allow gay marriage. I’m guessing that groups will try both, and I suspect that the days of homophobia in marriage are numbered.