The Justice Chronicles Volume 16: Are We Tipping On Marriage Equality?

When we see a shift in public opinion about something we sometimes talk about a “tipping point,” that is, a time where it appears that the momentum has shifted and what was once a minority opinion has now become the majority.

It’s hard to remember this, but just a few years ago this was thought impossible. In 1996, 18 years ago, President Clinton signed the Defense of Marriage Act, or DOMA. It mandated that the federal government not recognize any marriage except between one man and one woman.

Fifteen years ago, in 1999, California led the country in issuing domestic partner licenses; it provided some of the benefits of marriage. Other states followed.

Massachusetts, in 2004, became the first state to allow gay couples to marry. But because of DOMA these married couples could not file joint income tax returns, or benefit from each others’ social security or other benefits. There had been a residency requirement (that you had to live in Massachusetts or plan to live there). This was a 1913 law and was intended to prevent Southern interracial couples from coming to Massachusetts to get married. It was repealed in 2008.

Also in 2008 the California Supreme Court ruled that the state could not ban gay marriage under the rules of the state constitution. Almost immediately there were calls to amend the California constitution to prevent marriage equality. Later that year Proposition 8 amended the constitution, though the state upheld the marriages that were performed between June 16th and November 4th.

In 2010 the District Court of Northern California ruled that Proposition 8 was unconstitutional (even though it was an amendment to the constitution). In 2012 the U.S. Ninth Circuit upheld the ruling; it was appealed to the Supreme Court but the Supreme Court ruled against them in 2013. Ever since then marriage equality has been legal in California.

There is much more to this and I encourage everyone to read the entire timeline at here.

The 50 states are divided into 11 circuits: you can view the map at here.

The 4th, 7th, 9th, and 10th circuits have all ruled in favor of marriage equality. In a surprise to many, the Supreme Court refused to hear any these appeals.

It’s a bit of a disappointment to those of us who favor marriage equality; we were hoping for the equivalent of Loving v. Virginia when the Court ruled that bans on interracial marriages were unconstitutional.

That said, it’s a devastating blow to those who oppose marriage equality. It appears that as of today Virginia, Indiana, Wisconsin, Oklahoma, Colorado, and Utah will start issuing marriage licenses to gay couples. Because they belong to the 4th, 7th, 9th, and 10th circuits Wyoming, Kansas, West Virginia, North Carolina, and South Carolina will soon follow.

The Supreme Court could still take cases from the other circuits (the 5th circuit is looking at this) but I think this sends a clear message to the other circuits that the Supreme Court will rule in favor of marriage equality.

It appears that homophobia is the latest casualty in the march for justice.

Happy Labor Day To All

Today many of us have the day off from work to celebrate Labor Day. For many it’s the traditional end of summer and the beginning of the campaign season for November’s election (even though campaigning these days seems to be continuous).

But it got me thinking about labor and the role of work in our lives. Earlier this year I read Doris Kearns Goodwin’s excellent book The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism. Both men were members of the Republican Party and both were President (Theodore Roosevelt served from 1901 to 1909 and William Howard Taft served from 1909 to 1913).

They were also progressives and did much to advance the cause of the working man and woman. The late 1800s and early 1900s were very good if you were rich and very bad if you were poor. While we know the names of the wealthiest, Cornelius Vanderbilt, John D. Rockefeller, Andrew Carnegie, and J.P. Morgan (among others), we don’t know the millions of people whose labor made their fortune.

It was commonly held back then that if you went to work for someone, he told you how much you were getting paid and you accepted it, even if if meant you and your family were going to live in abject poverty with little hope of relief. The Bully Pulpit gave me a quote that succinctly describes this. George M. Pullman developed the railroad sleeping car and dining car and founded the Pullman Palace Car Company. When describing the conditions of his workers he made it sound like a paradise. The lived in homes owned by Pullman, shopped in stores owned by Pullman and worshiped in churches owned by Pullman. The problem was that Pullman cut their wages in 1894 claiming that the company needed to do that to survive. It was later learned that the company paid out dividends to its stockholders that year of over $2,000,000 and reported profits of $25,000,000 (this in 1894 dollars).

When the workers attempted to arbitrate with the company, Pullman responded that there was nothing to arbitrate. He insisted that workers have nothing to do with the amount of wages they shall receive; that is solely the business of the company (you can read this on page 186 of Doris’ book: she footnotes Ray Stannard Baker). This, and hundreds of other examples, launched the labor movement in the United States and the organization of unions. We often look at this time as the era of Robber Barons.

Even the Vatican weighed in. In 1891 Pope Leo XIII wrote an encyclical called Rerum Novarum, commonly translated as “On Human Labor.” The Pope was concerned that workers were being exploited and wrote about the dignity of the individual worker. Truth be told he was equally concerned that the backlash against the Robber Barons would be acceptance of socialism, but his words are worth a read.

In the time since there have been incredible reforms. We now have a minimum wage. Child labor is (at least legally) almost nonexistent. Most of us work a 5 day, 40 hour week with paid vacation, holidays and sick leave. Most of the time we have recourse if we feel we are being treated unfairly. Most of the time we work in safe environments and are compensated if we are injured on the job. But none of this came easy. Our parents and grandparents had to fight for every one of these reforms and none of them are guaranteed to our children and grandchildren.

In my family I am the first generation who never had to work in a factory. My parents grew up in Gardner, Massachusetts where almost everyone, at least at some point in their lives, worked for the Heywood – Wakefield Furniture Company. The work was repetitive, exhausting, and boring. I am who I am because they worked hard to give me a chance to move beyond that. I will never forget that.

We honor Labor Day not by cooking hot dogs or going to the beach. We honor Labor Day by honoring laborers. Let’s all agree to keep fighting for the things they fought for.

Good Passover to Our Jewish Brothers and Sisters

Tonight is the first night of Passover, the Jewish feast that remembers their liberation from slavery in Egypt. The celebration is tightly scripted and comes from the 12th Chapter of the Book of Exodus. Today anyone can purchase a book giving directions for this feast; it’s called a Haggadah. Last year I read about a new edition called the New American Haggadah and this year I purchased it.

In addition to giving instructions on celebrating the feast it also gives commentary and a timeline. One commentary grabbed my attention and I want to share it here. It speaks of slavery in Egypt and how slavery continues to exist. In a sense, anyone enslaved is still in Egypt. Here is what is says:

Who can say we’ve actually left? “Whenever you live, it is probably Egypt,” Michael Walzer wrote. Do you live in a place where some people work two and three jobs to feed their children, and others don’t even have a single, poorly paid job? Do you live in a community in which the rich are fabulously rich, and the poor humiliated and desperate? Do you live among people who worship the golden calves of obsessive acquisitiveness, among people whose children are blessed by material abundance and cursed by spiritual impoverishment? Do you live in a place in which some people are more equal than others? In America, the unemployment rate for African-Americans is nearly twice as high as it is for whites. Black people are five times as likely to be incarcerated as whites. Infant mortality in the black community is twice as high as it is among whites. America is a golden land, absolutely, and for Jews, it has been an ark of refuge. But it has not yet fulfilled its promise. The same is true for that other Promised Land. Jewish citizens of Israel have median household incomes almost double that of Arab citizens and an infant mortality rate less than half that of Arabs. Israel represents the greatest miracle in Jewish life in two thousand years – and its achievements are stupendous (and not merely in comparison to its dysfunctional neighbors) – and yet its promise is also unfulfilled. The seder marks the flight from the humiliation of slavery to the grandeur of freedom, but not everyone has come on this journey. It is impossible to love the stranger as much as we love our own kin, but aren’t we still commanded to bring everyone out of Egypt?

Enough said.

Yosemite 2014: No Bad Days (Though They Were Warm and Dry)

Last week Nancy and I made our annual pilgrimage to Yosemite National Park for the celebration of Chef’s Holidays. This year we ate food prepared by Kent Rathbun, Jessie Cool, and Mark Estee; it was moderated by Carolyn Jung. We expect the food to be incredible, and yet again we were right. Never, never pass up an opportunity to eat anything imagined, cooked, or served by any of these talented people.

The weather was a bit disturbing. It was probably the warmest we’ve seen (it got into the 60s during the day, dipping to the 30s at night), but we were disturbed by the drought. All of California is experiencing insufficient rainfall, but we really noticed it there. The falls from the high country to valley floor were practically nonexistent and the level of the Merced River was dramatically lower. We’re praying for rain.

Unfortunately this isn’t the only challenge Yosemite faced. The Rim Fire in August burned over 250,000 acres, mostly north of Yosemite. The valley was untouched but it prevented many tourists from coming to Yosemite.

If that weren’t enough, the government shutdown in October shut down the park. Most of the people who work in the valley aren’t federal workers, but employees of Delaware North. That meant that they weren’t reimbursed for lost wages when the park was closed. They were eligible for unemployment benefits, but many of them rely on tips and that’s hard to compensate.

Given that, we were disturbed by the response of Delaware North. Packages for the Chef’s Holidays include a 5 course dinner on our last night. It doesn’t include other meals and Nancy and I got into the habit of having breakfast at the Ahwahnee Hotel. They had both a menu and a buffet, but let’s face it: if you’re there for excellent food you’re not going to choose buffet food that’s been baking for 2 hours under a heat lamp.

To our surprise and disappointment we were told that this year we could only choose the buffet in the dining room. If we wanted to order off the menu we’d have to do that through room service. We’re pretty sure that they did this to cut back on the waitstaff and save money. That’s fine for the bottom line of Delaware North, but not fine if you work for them. It’s not an exaggeration to say that the corporation cut their losses by taking money out of the pockets of their employees.

We pray that Chef’s Holidays 2015 is better for those who serve us.

Merry Christmas All

Last August I wrote that each week I’m writing a homily based on the current readings in the Catholic lectionary. It’s been both rewarding and difficult. I’ve gotten a tremendous amount of positive feedback but I do confess that writing a homily while working a 40 hour week has, at times, been time consuming.

Today is Christmas and I’m posting the homily I wrote. You can find the readings here.

Brief synopsis of the readings: There are four masses for Christmas: Vigil, Midnight, Dawn, and During the Day. I’ve chosen to preach on the readings for the Mass at Midnight, for no other reason that they are my favorite. The first reading from Isaiah uses imagery of light out of darkness. He also speaks of a child being born who will be Wonder-Counselor, God-Hero, Father-Forever, Prince of Peace. The Gospel is from Luke and it is one of the most evocative images. If you’ve ever watched The Charlie Brown Christmas, this is the account Linus gives when on stage.

And now it’s finally arrived: we’ve made it through Black Friday, doorbusters, endless traffic jams at the malls, competition for the hot new gift, and, and, and, the Season of Advent. The Messiah whose coming we have been awaiting is now here. But how can we tell? This newborn baby looks like the rest of us, born in a barn, and with uncertain parentage. Is this Jesus really the Messiah? Wonder Counselor? God Hero? Father Forever? Prince of Peace? I have to tell you, this is a little disappointment. Is this really how God meant to bring his Son into the world? Me, I’d make a bigger entrance.

Well, that’s probably another good reason that I’m not God. It’s been kind of a theme for me, but when we talk about Salvation through Jesus Christ it’s much more than we can imagine. The Jews of Jesus’ time were, frankly, looking for a military leader who would defeat the Romans occupiers.

But God had bigger plans for us. He sent us a Messiah who is much more than a military leader, he sent us Jesus who was both God and Human, both Divine and Corporeal. He sent us a Messiah who could not only bring us the Truth of Salvation, he could also experience and celebrate our own experience.

We can look on this helpless baby, this bundle who cannot walk or talk, as something small and inconsequential. Or we can look at this baby through God’s eyes: as someone who will become the One who conquered death. OK, let’s face it: we all love babies. We love them not for what they can do, but for who they are. We love babies because we love the fact that we can care for those who are helpless and we know they will grow with the potential to do great things. We know that this bundle of joy may one day be an Albert Einstein or a Martin Luther King or a Nelson Mandela. And even if this bundle doesn’t do that, he or she will become a person we will continue to love. He or she will grow up and be a husband or wife, a mother or father, a coworker or entrepreneur. A good friend and neighbor, a confident and good listener. A great bowling partner or copilot. The man or woman who teaches history or soccer, the person who throws the incredible curve or finds a way to finally explain trigonometry.

When I look at Jesus as an infant, I like to think that we get a glimpse of how we all look to God. Only God knows our potential, and let’s face it: we don’t know our own potential, let alone that of others. We are not given that gift.

But we are given the gift to do what this infant in the manger does: we can see hints of the gifts of others. Just as Jesus was able to look at lepers and strangers and the outcast and say “You are just as wonderful as anyone and you belong with us” we can do the same.

When Pope Francis chose to celebrate his 77th birthday with the homeless, I think he understood exactly what Jesus had in mind when He decided to redeem the world. We may look on them as homeless, as those who are there because of their own bad choices, but Pope Francis chose to look on them as exactly the people Jesus did.

When I look on Jesus as an infant, I’m struck by how he needed those around him. Not only Joseph and Mary, who gave him the nutrition and love every human needs, but even the farm animals who gave up their feeding trough so he would have a place to sleep. I look at the shepherds who were consoled by the angel. These were not great men: they were looked down upon because the violated the Sabbath by watching over their flocks by night. They didn’t provide anything physical to Jesus but in their prayers they recognized that much like their lambs, this baby would grow into something they needed. Their humility game them the eyes to see the Truth.

And now, over two thousand years later, we still need to be in that manger scene. We often fool ourselves into thinking that we are self sufficient and that what we have is a result of what we’ve done. We may have done great things, but this night we celebrate that they pale in comparison to what was done long ago and far away. We need to understand again that the thin, reedy voice of an infant blows into our world the very breath of Heaven.

You can read all of the homilies I’ve written for 2013 here. If you wish, I can also email my weekly homily to you. Just drop me an email.

In the meantime let us continue to pray for each other and for peace on earty.

The Justice Chronicles Volume 14, The Money Chronicles Volume 10: Happy Birthday Federal Reserve

Hallmark missed this, but yesterday was the 100th anniversary of the founding of the Federal Reserve, sometimes abbreviated as the Fed. The Federal Reserve is a confederation of 12 banks located around the country, and they are “the banks of last resort.” In other words, during times when the economy is in recession or doing poorly, banks can borrow money from the Federal Reserve to stay solvent.

This didn’t come out of nowhere. There’s an excellent article at NPR’s Planet Money blog. The article begins with the San Francisco Earthquake of 1906. Insurance companies in England were paying huge claims and so much money was leaving English banks that they clamped down the money flow to American banks. This led to some American banks failing, or not being able to pay their bills. Since there was no FDIC or bank insurance, any money deposited in those banks was lost.

If this wasn’t bad enough, people who had their money in safe banks began to panic and tried to withdraw all their money. This led to bank runs, and eventually to the Panic of 1907. The federal government had no power to do anything, and the panic was ended only when J.P. Morgan gathered other wealthy bankers and put up the money to keep the American economy going.

Senator Nelson Aldrich (R-RI) saw this and realized that panics were become too frequent and we could not depend on the wealthiest people to bail out the entire country. He introduced legislation that year to create the Federal Reserve. It took a while to pass both houses of Congress, but it did and on December 23, 1913 President Wilson signed it into law.

In addition to being the bank of last resort for troubled banks, the Fed also set the interest rate at which they will lend, and this sets the standard for the interest rate banks lend to other banks. During times of inflation the Fed will increase the interest rate to “tighten up” the money supply. During times of recession (as happened in 2008) they will lower interest rates to encourage borrowing.

There are those who oppose the Fed and they do this for two reason. First, they say that the board of governors (who govern the Fed) have too much power. Since they essentially set interest rates for much of the money flow in the country they control too much of what happens in the economy. They also believe that since banks know they will be bailed out, they can be irresponsible. If the banks keep all their profits and don’t have to worry about their losses, they have no reason to be careful.

I understand both of these arguments but in the final analysis I think we’re better off giving the government the flexibility to guide the economy.

Pope Francis: He's My Person of the Year Too!

We got word today that Pope Francis has been named Time Magazine’s Person of the Year.

For many of us liberal Catholics, it’s a recognition of the joy we’ve been experiencing since his election on March 13th. I’ve said this before, but we knew things were changing in the Vatican when, after his election, he waved off his limo, got on the bus with the rest of the cardinals and paid his hotel bill.

He hasn’t changed any doctrines and unfortunately affirmed Church teaching on male only priesthood and gay marriage. Those changes will probably have to be made by Francis’ successor.

His dramatic change has come in the public face of the Vatican. After the last two papacies (John Paul II and Benedict XVI) this shift has been dramatic; John Paul and Benedict often acted as if the Church were under siege and must remain pure, even if that led to a Church that was smaller and more out of touch.

Francis has continued the papacy of Blessed John XXIII where the windows have been thrown open and fresh air has blown in. Francis refused to move into the luxurious papal apartment and lives in modest surroundings.

He has repeatedly said we need to shift our focus away from issues of homosexuality, abortion, and birth control and toward how we care for the poor. His pragmatism is refreshing: let us work on things we can change and leave alone those things we can’t, and let us not alienate those who disagree. As one who dissents from church teaching on homosexuality and birth control, I find this refreshing and respectful.

In July he was flying back from Brazil to Rome and was asked about homosexuality. This was his response: “If someone is gay and he searches for the Lord and has good will, who am I to judge?” He told a group of diplomats that in looking for who to promote to bishop they should look for priests who are “gentle, patient and merciful, animated by inner poverty, the freedom of the Lord and also by outward simplicity and austerity of life.”

My only concern is that he is 76 years old. He needs to start appointing Cardinals who will elect his successor. I pray he keep doing what he’s doing.

The Justice Chronicles Volume 13: Nelson Mandela (1918-2013)

His death was supposed to be a footnote. It was supposed to be a local story, buried in the inside pages of the paper: Imprisoned Terrorist Nelson Mandela dies in Prison.

It didn’t happen that way. In the days since his death he has made worldwide headlines. Frankly, it was time. He was 95 years old and had been in critical condition since developing a lung infection nearly 6 months ago. He was home but his home was transformed into an intensive care unit.

Mr. Mandela’s life story is largely public and known. After becoming a lawyer in apartheid South Africa he joined the African National Congress. He first embraced the idea of nonviolence in battling apartheid, but later abandoned that and co founded a militant wing called Spear of the Nation. Because of his actions he needed to go underground, but was found and arrested in 1962. Tried and convicted of trying to overthrow the government, he expected to be sentenced to death but instead was sentenced to life in prison.

For the next 27 years he languished in prison. By the 1970s and 1980s he became the public face of the injustice of apartheid, even though there were no pictures taken of him since 1963. His release from prison in 1990 seemed a miracle.

But for me, his release wasn’t the miracle. It’s what happened to him while in prison and how he sculpted post apartheid South Africa. While nobody knew in 1990 how he would spend the rest of his life, many feared he would take the opportunity to exact revenge on those who harmed him. They feared he would respond to injustice with injustice of his own.

He didn’t. After his election as President of South Africa in 1994 he founded the Truth and Reconciliation Committee. He knew that truth must come before reconciliation, and that reconciliation is the only path to true peace. As I think about this, I can’t help but remember Archbishop Tutu’s belief about forgiveness:

Forgiving is not forgetting; its actually remembering–remembering and not using your right to hit back. Its a second chance for a new beginning. And the remembering part is particularly important. Especially if you don’t want to repeat what happened.

His time in prison changed him from someone who advocated violent resistance to someone who saw that revenge only continues the cycle of violence. He loved his nation and that love healed him of his anger toward his captors.

We are all better for it. Much like Gandhi and Martin Luther King before him, he taught us the ferocious power of love and forgiveness. I’m grateful that Mr. Mandela is the only one of the three to not die violently.

For those of us who live on, our mandate is clear: we are called not only to stop tolerating injustice, we are called to forgive those who benefited from it. Once those who create or benefit from injustice are defeated, we must not exact revenge on them. Their sin must be called out, but they must be forgiven. Only then will there be peace.

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.

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).