Uncle Joe: Couldn't You Spend Christmas With Us?

This past year has been a tough one for my father’s side of the family. We lost two of my aunts, Aunt Freda and Aunt Lempi in the winter and spring. The day before Christmas Eve we leaned that my Uncle Joe died. He had congestive heart failure and squeezed a great deal of life out his body; as a matter of fact he died after climbing a flight of stairs. The good news is that his nephew John was with him and told us that Uncle Joe didn’t suffer.

Even though he had a long life it’s still tough to lose someone right around the holidays. His death gave this Christmas a tinge of sadness. It’s also hard when it’s winter in Massachusetts. Uncle Joe’s wake is starting as I write this (from sunny and warm San Diego) and the current temperature in Gardner, MA is 11° F. I doubt that most of his family will even be able to attend.

My father is the youngest of seven, and one of four surviving. As a group they’ve been blessed with length of years, if not always good health. Uncle Joe was a case in point. He’s had heart failure for a number of years and needed to be on oxygen for a long time. Had he lived a hundred years ago it’s pretty clear that he wouldn’t have lived this long, and I sometimes wonder if his extra years were a blessing to him. It was certainly good to see him on my infrequent visits to Gardner and I’ll certainly miss him when I’m there next but I think it’s a fair question whether our current state of health care has served him well.

This is probably grist for another post, but our health care system is good at keeping our hearts beating, and moderately good at pain relief. We are also good at providing equipment to keep us mobile (e.g. oxygen tanks, wheelchairs, etc.). But we’re not as good at helping people stay healthy and avoid getting sick. Well, more later.

Another Health Care Post

The current Health Care Debate answers one of the critical needs in this country: how to provide protection to everyone (or nearly everyone). But there is another need: how to contain costs and make health care more efficient. We’re hearing more about how to provide health care to some of the 47 million people in this country without health insurance, but very little about how to make the system more efficient. Let me tackle these two separate issues one at a time.

The figure of 47 million without insurance comes from the census department and is from 2008. That translates to 20% of the US population under 65. There is nearly universal coverage for the population over 65 because of Medicare. Most Americans get health insurance from their work, or the work of someone in their household. Unfortunately that excludes people who are under 65 and not working, people who own their own business, and people who are not eligible to receive health insurance from their employers. These people daily live with the awareness that an accident or serious illness can have catastrophic effects. It’s true that if you are uninsured and are injured, the emergency room of any hospital is required to treat you regardless of ability to pay, but that’s a long way away from being cured. According to the Emergency Medical Treatment and Active Labor Act (EMTALA) the hospital is required to treat a life threatening emergency until you are stable or can be transported somewhere else you can be treated. They are not required to treat a serious, but not life threatening, emergency and can “release” you once you are stable even if you life was in danger when you came in.

Now, whenever we liberals talk about expanding health coverage conservatives scream that government run health care would be a disaster. But the funny thing is that since 1966 we’ve had virtually universal, government run health care for those 65 or older. It’s called Medicare. I work with the elderly and to a person they like how Medicare is run. When you turn 65 you are eligible to enroll in Medicare, but not required. You are free to not enroll and find health insurance on your own. Funny that I don’t know anybody who has done that. It’s also funny that we have universal health care for the elderly (who vote in high numbers) but not children (who can’t vote).

But this misses my main point. We are not dealing with is the outrageous cost of health care and how poorly we ration it. Do not be fooled: we currently ration health care but we do it by coverage. If two 40 year old men are diagnosed with Type 2 Diabetes (formally called “Adult Onset Diabetes”) and only one of them has health insurance, their lives will become dramatically different. The one with health insurance almost certainly has access to medication (either oral or injectable), counseling to change your lifestyle, and methods to monitor your blood sugar level. The one without has none of this. The one without health insurance is looking at a dramatically shorter lifespan with the added benefits of possible blindness and gangrene in your feet.

The hard, cold reality is this: no matter what we do, we won’t ever be able to have everything we want as we want it as soon as we want it. We as a nation have to decide who will not receive all they want. Currently we ration by ability to pay (either privately or through insurance). I don’t believe this is the best way.

The further hard, cold reality is that no matter what we do, the death rate is still the same: one per person. We are all going to die one day and all the health care in the world isn’t going to stop that. The purpose of health care is not to allow us to live forever, but to allow us to live a good quality of life for as long as is practical. That said, there really does come a point where additional health care dollars are not doing that. For example, if a 95 year old man with terminal prostate cancer wishes to have aggressive chemotherapy treatment it probably doesn’t make sense. The chemo is likely to be unsuccessful, and even if it does stop the cancer, he is likely to be much sicker from the chemo. Even if the chemo is successful and doesn’t lead to additional bad side effects, he is still a 95 year old man who will likely die of something else within the next few years.

Under the current system, if he (or his family) demands aggressive treatment he will likely get it. His primary doctor can refuse to allow the chemotherapy but most doctors will go along with the patient or family if they are insistent enough. Also, if his heart stops beating (for any reason) the local paramedics will try through CPR to get it going again. Essentially there is little in the current system that will tell him it’s time to go. These are resources that are not being used to help people who will. The chemotherapy the 95 year old man receives takes away from the ability to provide preventative medicine for children and the poor. Unfortunately at this time there is nobody who is able to say no to the 95 year old man.

This isn’t about death panels. It is about recognizing that limited health care resources need to be allocated where they will do the most good for the most people. My father in law is 90 years old and is in good health. Recently I overhead a conversation he was having with a few friends. He was explaining that if there was a procedure that he needed and a 30 year old man needed the same procedure, the younger man should get it even if the younger man cannot pay for it. His friends were astonished and basically said that the 90 year old is entitled to whatever he can afford, and if the younger man can’t afford it, well that’s life. Frankly, I hope when I’m 90 I’ll have the same insight as my father in law.

At some point this discussion has to be part of our health care debate.

The Health Care Debate is Making Me Sick

This is no surprise but when Barack Obama was elected President I was one of the people who was heartened. I believed (and still believe) that our country can once again be one that cares about all of its people, not just the ones with oil wells. His decision to tackle health care makes me feel that this may be the time we have real reform.

It’s cliché but true to say that our current health care system is broken. Most of us have health insurance and if we’re under 65 years old we get it from our employer (or the employer of the head of our household). Employer provided health insurance started as just another perk to attract good employees, but it’s become a huge problem. It’s a problem for a couple of reasons:

  • This is the easiest problem to understand, but if you lose your job, you lose your health insurance. At the time when you’re awash in worries about how to pay your bills, you now have to worry about getting sick or injured. It’s true that many people can take advantage of COBRA (Consolidated Omnibus Budget Reconciliation Act) but that means you need to pay the entire cost of the policy (where before your employer paid most of it) and it expires 1 1/2 years (18 months) after it starts.
  • If you work for someone who doesn’t offer health insurance, it can be difficult to get it. Your employer is not required to offer it, though most large employers do for full time employees. But if you’re part time, if you work for a small company, or if your boss is a cheap bastard, you’re out of luck. You need to find insurance on your own.

I’ll admit to this, but I don’t have much sympathy for the insurance companies. They have to negotiate with large companies for big volume, but if you’re looking for individual coverage you have no way to negotiate. Not only do you pay big bucks for limited coverage, they can drop you for just about anything. And they can do it retroactively (this is called “recision”). Don’t believe me? Ask Robin Beaton. She is a retired nurse who was diagnosed with breast cancer in June 2008 and needed a double mastectomy. Her insurer, Blue Cross approved the surgery, but days before the surgery they informed her that they weren’t going to pay for the surgery because she had a preexisting condition that she hadn’t disclosed. Turns out she had seen a dermatologist for acne and Blue Cross interpreted this as precancerous (teens all over the world may panic now). Since she “already had cancer” they weren’t going to pay for the mastectomy. Through the intervention of her congressman she was able to have the surgery 4 months later when the size of the tumor increased 2 to 3 centimeters. You can read more about this at Salon.com and CNN.

I knew when President Obama started talking about health care there would be some pushback from the Republicans but I can’t believe what I’m hearing. To quote Lily Tomlin, “No matter how cynical you get, it’s impossible to keep up.” Here are some highlights:

  • Sarah Palin: Seniors and the disabled “will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide, based on a subjective judgment of their ‘level of productivity in society,’ whether they are worthy of health care.”
  • The Club for Growth: The health care reform plan would set limits similar to the “socialized” system in Britain, where people are allowed to die if their treatment would cost more than $22,000.
  • Rush Limbaugh (7 August 2009): It’s right out of Adolph Hitler’s playbook.

There’s more but this gives you a flavor. The reality is that President Obama, and many of us, simply wish to provide adequate health care to all Americans. We don’t wish to devalue or decrease the health care of people who already benefit, but expand it to those who don’t. In the 1960s these same forces opposed Medicare calling it “socialized medicine,” but today it would be hard to find someone on Medicare who thinks he’d be better off without it.

Stop believing the lies of those who want to nothing else but to scare you.

Goodbye Michael

So earlier today there was a funeral in Los Angeles; maybe you heard something about it. Michael Jackson, who died on June 25th, was laid to rest today in Forest Lawn Cemetery after a memorial service at the Staples Center.

It was a landmark event that marked the end of a brilliant but tragic life. Even people who didn’t like Michael have to admit he was a boy and man with incredible talent and genius for what would entertain people. I have to confess that my iPod has a few of his songs and I still enjoy listening to them. He was one of a kind.

Unfortunately he was also tortured by the very talent that made him famous. Much like his former father in law, Elvis Presley he appeared to use great quantities of pain killers to try to cure his emotional and spiritual pain. Elvis died at 42 and Michael at 50, and fans of both try to pass their deaths off as heart attacks.

I believe that the tragedy in Michael’s life is that he didn’t love himself as much as his fans loved him. It all seemed to work as long as he was the talented, youngest member of the Jackson 5. He was young, black, and very talented. But as he grew up he somehow became uncomfortable with the idea of being a black man. In the 1990s his skin began to turn white; he claimed he suffered from a condition called Vitiligo, a condition where patches of skin have no melanin and appear lighter than the rest. Most people of African descent either live with it or find ways to make the patches appear darker. Michael claimed that he lightened the rest of his skin to match the patches. Many health professionals doubt he ever had Vitiligo, and even those who believe him think he made a poor choice in how to treat it. It is generally assumed that he wanted to be white and “bleached” his skin to make him look white.

He also didn’t want to grow up. I personally don’t get this (and am much happier as an adult) but he embraced the innocence of being an eternal child. This ended up being the most controversial part of his life as he built a life around his own imagined childhood: a ranch he called Neverland from Peter Pan. He surrounded himself with children who he saw as playmates. Unfortunately the rest of the world saw these children as victims and him as a pedophile. His claims that they shared his bed as “innocent fun” sickened most of us and gave him a label he never fully understood.

I pray that in death he finally achieve the peace that eluded him in this life.

Goodbye Michael.

Caperton v. Massey: How Could Four Justices Side with Massey?

OK, I’ll confess a bias: When I was in high school I dreamed of being a lawyer. I liked the idea of argumentation and found that I think like a lawyer. I was cured of this desire when I joined the debate team at George Mason University. I learned that very little time is actually spent in argumentation: most time is spent in libraries going through endless articles and most argumentation is not finding the best argument but rather in burying your opponent in tons of words (with little regard to efficacy).

In any case I still enjoy following how courts rule on different issues and I confess to a dream of someday meeting NPR’s Nina Totenberg. A few days ago I was listening to NPR about the Supreme Court’s recent decision in the case of Caperton v. Massey. Here are the facts of the case:

  • In 1998 Hugh Caperton (President of Harman Coal Company) sued the Massey Energy in West Virginia, claiming they were using fraudulent business practices to run him out of business. In 2002 a jury in Boone County, West Virginia agreed and awarded Caperton the sum of $50 million.
  • Not surprisingly, Massey Energy appealed and the case began to wend its way up through the courts. During this time (in 2004) West Virginia Judge Warren McGraw was running for reelection as a judge in the West Virginia State Court of Appeals. Massey’s CEO was Don Blankenship and he began to campaign against Judge McGraw. I’ve been reading articles on this case and I can’t find any previous relationship between Don Blankenship and Judge Warren McGraw.
  • In any case, Don Blankenship began to back another candidate, Brent Benjamin, for the office. In fairness, Blankenship had given money to political campaigns before, but the sums were small. With Benjamin running for office, however, he donated $3 million
  • The campaign against McGraw turned ugly: a web page called …and for the sake of the kids accused McGraw of voting “to let a child-rapist out of prison, and court records show the plan called for the rapist to work at a local school.” Not surprisingly, Brent Benjamin wins the election and gains a seat on the West Virginia Court of Apppeals.
  • Drum roll everyone: the case of Caperton v. Massey came before the court. The lawyers for Hugh Caperton asked Judge Benjamin to recuse himself as his position was due in large part to the generosity of the defendant, Don Blankenship. He refuses.
  • Another drum roll: The court reversed the decision by a 3-2 vote with Judge Benjamin voting for the majority.
  • Final drum roll: Hugh Caperton continues to appeal, arguing that Judge Benjamin is biased and should have recused himself. Eventually it reaches the Supreme Court who agrees to accept the case.

Now it becomes news. The Supreme Court finds that there is always going to be a fuzzy line with elected judges, but wherever the line falls, this is way beyond it. In the 5-4 majority opinion, Justice Anthony Kennedy ruled that Justice Benjamin should have recused himself: “Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause.” The opinion recognized that there may some fuzziness and there may need to be other rulings but this case was too far over the line.

The minority opinion used what I call the “Pandora’s Box” rational. Chief Justice John Roberts based his opinion on the fear of where this might go. Would Justice Benjamin have to recuse himself if the contributions were smaller? etc.

This clearly will begin an increase in litigation over judicial bias but I don’t necessarily think that’s a bad thing. The election of judges opens the door to all sorts of questions and the fact that it can’t be settled in one case doesn’t mean it isn’t worth doing.

Want to Join Me in Starting the "Galileo Award?"

For a long time I’ve toyed with the idea of starting a web page that annually awards the dumbest teaching or ruling from the Catholic Church that year. The obvious reason for the name is the way the 17th Century Catholic Church treated Galileo Galilei (1564-1642).

Galileo (and Nicolas Copernicus before him) challenged the theory that the sun revolved around the earth. As a reward for his scientific work the Church denounced him, ordered him to recant, and held him under house arrest. The Church argued that he must be wrong because Psalm 93:1 states: “Yea, the world is established; it shall never be moved.” Also, Psalm 104:5 says: “[God] didst set the earth on its foundations, so that it shall never be shaken.” Finally, Ecclesiastes 1:5 states: “The sun rises and the sun goes down, and hastens to the place where it rises.” [Quotations are from the Revised Standard Version Bible]

Now, in fairness, there has been some progress since 1633. In 1943 Pope Pius XII wrote the encyclical Divino Afflante Spiritu which essentially stated that the Catholic Church is not fundamentalist in reading Scripture. And in 1992 Pope John Paul II announced that Galileo was correct; this is particularly inspiring as it came only 23 years after the moon landing.

And while the Church now acknowledges Galileo was right, and while I still find great joy and love in being Catholic, she continues to make occasional stupid and senseless rulings. Catholics of my generation remember well the 1968 encyclical On Human Life, better known as Humanae Vitae that created great pain for young married couples. Other notables are the 1992 document from the Congregation of the Doctrine of the Faith (aka the Office of the Inquisition) that allows for discrimination against our gay brothers and sisters and Vatican’s support of those who demanded that Terry Shiavo be kept alive long after it was clear that it was time to say goodbye to her.

The event that finally moved to me throw this suggestion to the cyberworld is the latest publication from the United States Conference of Catholic Bishops on Reiki. For the unaware, Reiki is a spiritual practice that has been adopted for healing. Reiki practitioners use energy practices on people who are experiencing illness or pain, and we use this at San Diego Hospice where I work. I have to confess that I don’t fully understand how it works, but I also don’t understand acupuncture, aroma therapy, or a host of other alternative therapies. In any case, our bishops have decided that reiki is really about attacking faith and they have condemned it as being unscientific. Hard to imagine what Galileo is thinking about that. You can download the PDF on their ruling here.

In any case, this is my first nominee for 2009. I suggest the award be given on January 8th, the anniversary of Galileo’s death. This conforms to Catholic tradition where a saint’s day is determined by the date of his death, or in other words, his birth into Heaven.

Let me know what you think.

Happy Birthday Eve, Mr. Darwin

Tomorrow is the 200th birthdays of Abraham Lincoln (1809-1865) and Charles Darwin (1809-1882). Tomorrow I’ll be writing about President Lincoln but today I want to remember Charles Darwin.

Charles Darwin is best known for his book, The Origin of Species. He has become the flashpoint in a debate between evolution and creationism. Before the 19th century most people believed that the creation of the world happened as it was described in the Bible. Charles Darwin and others began to observe through scientific experimentation that there was another story.

Therein lies the rub. People who use the Bible as the only source for the world’s creation trace our orign to October 23, 4004 BC. You can read more about it here. Darwin and others began to posit the theory that the world is much older and that species evolved. In other words, the first people were not Adam and Eve. We, instead, evolved from other creatures and other primates are (in a sense) our distant cousins.

Almost immediately after the publication of his book there were those who believed that Darwin wrote his book only to destroy Christianity. They felt that anything that talked about evolution would cause well meaning believers to renounce belief in God and that the world would become atheists (and would therefore be condemned to hell.)

On the other hand, many of us believed that there is not problem in believing in both evolution and God. We were heartened by Pope John Paul II who claimed that Genesis answers the “why” of creation and not the “how.” As a lifelong Catholic it never occurred to me as a child that evolution was wrong. I never saw the connection between science class and church. I always believed in both evolution and God.

It wasn’t until I became an adult that I discovered that there were people who though the world was only 6000 years old. When I first learned about creationism (or its first cousin “intelligent design”) I couldn’t believe intelligent people could believe in such a thing. I quickly recognized that, despite their claims, this wasn’t science.

The scientific method, developed in the 1700s, follows a strict course: you begin with observation, which leads to a hypothesis, followed by experimentation. If the experimentation confirms the hypothesis, it becomes (over a series of experiments) a theory. If it doesn’t, the hypothesis is discarded in favor of another hypothesis. Over time the theory becomes more and more significant and more and more accepted (like gravity).

Creationism isn’t science because it doesn’t follow this course. It begins with the conclusion that must be found. It then develops a hypothesis that picks and chooses observations that lead to the conclusion that must be found. Any experimentation that leads in another direction is discarded, and any experimentation (no matter how suspect) that leads in the right direction must be true.

In the final word, I think the Christian Churches picked a fight with Darwin that didn’t need to be fought. Faith doesn’t mean you have to disbelieve what science finds to be true and it doesn’t mean you have to stop using your brain. My belief in God includes the possibility that God created the world and watches over its evolution. I pray for the day when all Christians believe this.

Electric Cars: Is This a Lateral Shift to Another Fossil Fuel?

As everyone who reads this knows, I drive a Toyota Prius and my gas milage is in the low 40s MPG. I enjoy it (and especially enjoy the sticker that allows me to drive in the carpool lane even if I’m alone). But the drawback is that my gas mileage isn’t all that much better than the 35MPG I used to get in my 1997 Honda Civic. My Prius uses a battery that is recharged by use of the gas engine and isn’t running all that much.

In the last few weeks I’ve been hearing news out of Detroit that American car manufacturers are increasingly looking at cars that run on 100% electricity and plug in overnight. This would save us from lots of the oil we now convert to gas and burn and it would lower our dependence on OPEC. But it raises an obvious question for me: If, over time, we switch from gas powered cars to electric powered cars, where does the electricity come from? And if it’s coal, does switching from one finite fossil fuel to another really help?

I did some looking on the internet and found a page from the Department of Energy. It broke down all the energy consumption in the United States in 2006 and from my calculation, we used 1,990,926 thousand Megawatt hours in coal compated to 4,064,702 thousand Megawatt hours total. If my 3rd grade math is corrrect (Mrs. Moore, are you checking this?) we get about 49% of our electricty from coal. The numbers in California are dramatically different; I found a group called One Block Off the Grid that shows in 2007 California got only 16.6% of its power from coal, but 45.2% from natural gas, another fossil fuel.

I find this a little disturbing for three reasons: First, I’m not sure that in the long run we gain much from switching to another fossil fuel. Granted we have more coal and natural gas under our own soil and this would free us up from OPEC. But the bottom line is that we’re still burning a finite fuel and it, too, will run out some day. Second, coal and natural gas are also greenhouse gases. According to naturalgas.org all three release CO2 with coal being the highest, oil in the middle, and natural gas being the least. You can find the numbers there. Finally, it’s clear that the American car industry needs to change things and change things fast to stay competitive and in business. When they start making the switch to electricity, will the current grid be able to accept all the increase in demand? We here in Southern California know well that there are times during the summer where increased use of air conditioners has led to rolling blackouts because the grid just couldn’t keep up with demand. Granted if we do start switching over to electric cars it will be a gradual thing, and the industry is saying simply “The grid will have to grow” but can it? Can we mine enough coal and natural gas to keep up with demand?

We hear all the time about areas around the world that have electricity for only a few hours a day, if at all. Most of us have never experienced that. We expect, and have come to expect, that whatever we plug in, no matter how power hungry and no matter what time of the day, will work. Those days may be changing.

Exit Thoughts on 2008

It’s been a while since I’ve posted; I keep thinking that someday I’ll have the time to post on a more regular basis.

It’s been quite a year; the most important news is good: George W. Bush leaves office in 20 days and Barack Obama will take the helm. It’s been a long 8 years and I believe the country has suffered greatly under the Bush years. He believes that history will vindicate him and his reputation (like Harry Truman’s) will improve. I, on the other hand, believe in 20 years it will be hard to find anyone who will admit that they voted for him.

Much of the rest of the news is bad. It’s hard to believe what’s happened to the economy in the last year. Wall Street will be open tomorrow and these numbers will change, but not significantly. Stocks in the Dow Jones Industrial Average have declined nearly 35% this year. Unemployment is up and it appears we are in the beginning stages of a long and painful recession. As for Nancy and me, our portfolio has gone down 28% (even with our contributions to our retirement plans). My employer, San Diego Hospice, like many nonprofits, is feeling the twin blows of decreased donations and declining stock portfolios. So far they’ve announced no payraises in 2009 as well as no employer contributions to our 401(k)’s. We’ve also had some layoffs in the bereavement department. It appears my job is safe though.

Speaking of jobs, there has been some good news in that department. In February I’ll celebrate 4 years at San Diego Hospice (and I just passed 11 years as a hospice chaplain). For the past 3 years I’ve been a preceptor: I’ve been one of the chaplains who has mentored new chaplains in the agency. I’ve found that I really love meeting and mentoring new folk. I appear to have some success: of the 7 new chaplains I’ve mentored, all are still with the agency. I’ve been asked if I’m interested in going up the ladder in management, and while that’s flattering I have no desire to do that. Last month ago the agency decided to come up with a new classification: advanced clinician master preceptor. We are developing two teams where everyone (nurse, social worker, home health aide, and chaplain) is a preceptor and will mentor new employees as a team. This sounds complicated as I’m describing this, but let me say this: I applied for one of the positions and was accepted into the program.

This is really the best of both worlds as I will continue to see patients and do more mentoring. I’ll also be working on a team where all of us are advanced clinicians. Since there are two teams, I’ll be working with another chaplain and it’s someone I work well with. The teams will be working closely together to develop curricula, not only for new employees, but for the agency as a whole. I’ll be working on a nursing home team (not a home team) and I haven’t worked in nursing homes since I was with Odyssey over 4 years ago. As I told my new boss, there will be a definite “remembering curve.” I’ll also be working at nursing homes much closer to home which will give my Prius a break.

One of the reasons I haven’t posted in a while is that I was down with a bad case of pertussis, also known as whooping cough. I came down with it the beginning of November, and ironically enough, my worst day with it was election day. As I told Nancy, I never remember being this sick, and the day I’ve been anticipating for 8 years was not even a day I could celebrate well. It was horrible and I can’t imagine what it must be like for infants and children. It’s not hard to imagine how this can be fatal in infants. I missed a week and a half of work and probably came back too soon. Even now I have an occasional coughing fit. It was probably exacerbated by my asthma but even so, my heart goes out to anyone who has this illness. It’s good to be feeling better.

Finally, let us all pray that 2009 is a good year for all.

T Plus 5 Days and Counting

I’m writing this on Sunday night after the Presidential election. I hope everyone knows this, but Barack Obama defeated John McCain last Thursday. The popular vote was 65,431,955 (53%) for Obama and 57,434,084 (46%) for McCain. In the electoral map, Obama won 364 electoral votes vs. 173 for McCain (different news organizations have different numbers, but they are close enough for my doing). As a sidebar I looked at some of the web pages of the independent candidates I listed on my page. I wasn’t able to find much information on how many votes they received, and I have to say that as a group they are not gracious losers. I didn’t see any of them offer their support or prayers to the new president; none of them took a page from Senator McCain’s gracious and benevolent remarks.

In any case it’s still hard to believe that the campaign really is over. With all the buildup, all the twists and turns, it didn’t take long on Tuesday night to have a winner. By the time our polls closed at 8PM local time the networks knew and shortly after 8 the race was over. We had some friends and family over and when Senator Obama was announced we all looked at each other in disbelief.

Since then there has been an outpouring and it’s moved me to tears several times. I grew up in Virginia and thought I was aware of racial politics and beliefs but I was not prepared for the welling of emotion over the election of an African American man for President. I guess I was one of the few people of my generation who did believe I’d see an African American President in my lifetime (mostly at this point I’m still getting my head wrapped around the fact that Obama is younger than me). On the other hand “knowing I’ll see it happen someday” is very different from actually experiencing it. I’ll never forget the faces in the crowds in Grant Park in Chicago where thousands gathered. This time just feels so . . . hopeful.

I say this against backdrop of the horrible racial politics that the other side attempted. I wrote about this a few days ago, how blogs all over the country were trying to portray Obama as an outsider with a “secret agenda” who is “not one of us” and “secretly wants to destroy America.” These words make his victory all the sweeter in that this type of ignorance didn’t work.

The dark spot of the election for me here in California was the passage of Proposition 8. Last May the California Supreme Court ruled that it was unconstitutional for California to deny marriage to same sex couples; almost immediately groups in and out of the state began this proposition to change the state constitution to define marriage as only for heterosexual couples. It passed by a thin margin. I’m not sure where it goes from here, but it does strike me as unfair that the state constitution can be changed by a simple majority on a proposition. By contrast, the U.S. Constitution can be amended only after a two step process: a resolution is passed by 2/3 majority of the House and Senate, and is ratified by the state legislatures of 3/4 of the states.

The supporters of Prop 8 disagree with me on this reasoning but I do draw a line from this to the debate about interracial marriage that took place last century. Until 1967 (in the case of Loving vs. Virginia) it was against the law in several states for people of different races to marry. The Supreme Court argued here that there was no constitutional right to define marriage as between people of the same race.

The landmark Supreme Court case in the civil rights era is Brown vs. Board of Education, 1954. What is not well known is that it overturned a previous Supreme Court case, Plessy vs. Ferguson, 1896. In the Plessy case the Court ruled 8-1 that it was permissible to allow “separate but equal” facilities. The Brown case, 58 years later, argued that separate is inherently unequal and there can be no double standard.

That’s the issue I have with those who hold that our gay brothers and sisters still have domestic partnerships. The argument is that they have this provision and marriage can still be reserved to a man and a woman. Only it can’t. Justice Warren in 1954 was right: separate is simply not equal.

So let’s take a moment to celebrate Barack’s victory, but then remember that we still have work to do.