The Justice Chronicles Volume 8: Maybe now DOMA is Doomed

With all the attention given to the Presidential campaign, an important story isn’t getting as much publicity as it should. On October 18, 2012 the United States Court of Appeals for the Second Circuit handed down a ruling in the case of Windsor v. US that the Defense of Marriage Act or DOMA is unconstitutional.

In 1996 the Congress passed, and President Clinton signed, DOMA. Among other things DOMA prohibits the Internal Revenue Service from recognizing same sex marriages, even if the couple were legally married.

I’m taking the facts of the case from the opinion itself. Edith (Edie) Windsor and Thea Spyer were legally married in Canada in 2007 (though they had been a couple for 44 years). Thea died in 2009 in New York, and had they been a heterosexual couple, Edie would have been classified as the surviving spouse for tax purposes. Because of DOMA their marriage wasn’t recognized by the IRS and Edie owed $363,053 in taxes to inherit Thea’s estate. Under federal tax law, a spouse who dies can leave assets, including the family home, to the other spouse without incurring estate taxes, but because of DOMA Edie was not considered Thea’s spouse and is responsible for those taxes. Edie sued in federal court to return the $363,053, arguing that she was Thea’s spouse; in 2011 New York began allowing same sex marriages and the state recognized their union.

There are many nuances to this case, but essentially the court found that DOMA is “an unprecedented intrusion into an area of traditional state regulation” as the states grant marriage licenses.

Clearly the issue of gay marriage is going to the Supreme Court in either this session or the next. But I have to confess a chuckle over this case as it’s decided on the basis of federal intrusion while the Republican Party consistently reminds us that they are the party to “get government off our backs.” I’m guessing they don’t want government off our backs on this one.

Personal note: DOMA claims to protect traditional marriage. As a heterosexual married man, can anyone tell me how gay marriage threatens my marriage? If so, I’m happy to support DOMA. In the meantime I’m on the side of opposing homophobia.

A Rare Union Victory; It's Nice to See

Football has always been an interest of mine. For as long as I can remember the Washington Redskins were a staple on Sunday TV. My memory goes back to the 1968 season when Otto Graham coached the Redskins to a 5-9 season, and was fired for his troubles.

In the last 44 years I’ve seen countless games and while not all my memories are good, I have to say that the referees have done an outstanding job. They don’t get it right 100% of the time, but it’s pretty close.

This year the NFL locked them out over a labor dispute. It was pretty silly and the lockout had more to do with intimidation than money. The NFL decided that they could employ “replacement referees” and none of us would notice. We did. The replacements came from small colleges and high schools and frankly, they couldn’t keep up. On national TV we saw that it’s not as easy to referee a professional NFL game as it looks.

On September 24th the game between the Green Bay Packers and the Seattle Seahawks was marred by a call none of us could defend. Suffice it to say that the Packers’ season could go down on this play. The next day the real referees were back in place.

For those of us who favor labor unions this is a good day. Workers with skills who group together with others with the same skills know that management always think that their skills are not as valuable. In truth I’ve never belonged to a union, but I had a job where my boss told me that “any idiot” could do my job. When I quit he hired any idiot. He lasted almost a year and they had to hire two people to replace me.

Look around you. If you think the person who picks your crops or bathes your grandmother in the nursing home, or washes your dishes in your favorite restaurant is unskilled, think again. They may make less money that you, but their labor is every bit as skilled as yours.

You may not notice until they don’t show up for the job, but when they do show up, you should notice. None of us are going to suffer because the real referees weren’t there for the first few weeks of the season, but it should remind us that union workers improve our lives every day.

Vote union.

The Money Chronicles, Volume 7: Reflections on the 47% vs. the 53%

Last week a video surfaced of Governor Romney speaking at a recent private fundraiser. This is what he said:

There are 47 percent of the people who will vote for the president no matter what. All right, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you-name-it. That that’s an entitlement. And the government should give it to them. And they will vote for this president no matter what. … These are people who pay no income tax. My job is is not to worry about those people. I’ll never convince them they should take personal responsibility and care for their lives.

I lifted this quotation from Yahoo; please tell me if it’s not accurate.

Several things trouble me about this quotation, and I’ll list a few here (and perhaps add to it as I think more about it).

  • Governor Romney was speaking at an event where he assumed everyone there supported him and he didn’t think it was being taped. It’s an old adage that character is developed when we think nobody is watching us. This quotation is dramatically different from what he says in public and it tells us a great deal about his character.
  • The 47% draw from a large and diverse group of people, and Governor Romney wants to put them all in one camp: they are dependent on the government, they believe they are victims, they believe someone else is responsible for their care, and they are entitled to health care, food, and housing. The meaning is clear: they are doing nothing productive and expect the 53% (of whom I belong) to care for them.
  • They believe that they only way they can keep this cushy arrangement is to vote for the President and nothing will convince them to take responsibility for their lives.
  • Lastly, it is not his job to to worry about these people.

OK, so who are these 47%? Good question. Governor Romney acquired this number from the Tax Policy Center; there are those who think it has a liberal bias, but Governor Romney must not as he quotes them. They describe the 47% here:

  • The poor: In 2011 if a family of four made $26,400 or less, their income was too low to pay taxes. To be fair, I can’t imagine them putting food on the table, let alone paying taxes. They don’t sound like freeloaders to me, and I’d guess they’d give anything to make enough money to pay taxes. They are half of the 47%: I’m guessing they’re not heartened to learn that Governor Romney’s job is to not worry about them because they are freeloaders.
  • The elderly: If you and your spouse receive less than $32,000 in Social Security benefits ($2666.67 per month) or other income, you don’t pay taxes. If you live on that much money and pay taxes, you have a point. Otherwise, move on because these are people who worked hard for their entire career, paid into Social Security, and don’t have pensions, 401(k)’s, or 403(b)’s and they are not freeloaders.
  • The disabled: Again, if you are disabled and poor, you don’t pay federal taxes. Think this is a free ride? Talk to someone who depends on this. Ask him or her if he or she would rather be able to work and pay taxes. Nearly 100% would like to be productive.

You can’t read this blog without knowing my political views. But let’s face it: Mitt is choosing the path of pandering to the wealthy. Vote for him at your own risk.

Happy Anniversary, United States Constitution

OK, so it’s not a holiday, but on this day in 1787, 225 years ago, 55 delegates gathered to vote on whether or not to approve the document they had spent the summer writing. It passed with 42 votes. You can read an interesting account here.

Most amazing to me is this: while part of the document sets up how our government will run, almost all the amendments limit the power of the government over all of us. Because of the Constitution I can criticize the government (in word and print), worship where I want, be assured of due process of law, and many other things. As a matter of fact, the only amendments that restrict my freedom are the 13th (I can’t own slaves) and the 18th (I can’t buy, sell, or transport alcohol). Of course, the 18th amendment was overturned by the 21st.

Before 1787 there had been few limits on government, but virtually all of them were in place with the consent of the ruler (think about the Magna Carta in 1215). Our Constitution is unique in that the document preceded the leaders. When George Washington took his oath of office on April 30, 1789, he submitted his power to this document. Every one of his successors pledged the same thing. Well done George.

By the way, if you think that it doesn’t have much of an impact now, the recent Supreme Court Case on the Affordable Care Act, National Federation of Independent Business et al. vs. Sebelius, Secretary of Health and Human Services, et. al turned on interpretations of the government’s ability to collect taxes and regulate interstate commerce (Article 1, Section 8).

Happy Birthday, U.S. Constitution.

PS: Happy Birthday, also, Dad. He was born on the 144th anniversary.

The Money Chronicles, Volume 6: An Economics Rap Anthem? Believe It!

For a year or so I’ve been listening to a podcast called Planet Money from National Public Radio. I look forward to listening a few times per week and it’s taught me a great deal about what is happening in the economy.

It’s also become a bit of a political football as President Obama is a follower of the economist John Maynard Keynes (1883-1946) while Governor Romney is a follower to the economist Friedrich A. Hayek (1899-1992).

Keynes believed that in times of dire economic depression the government needs to pour money into the economy to stimulate it and raise itself out of its troubles. Hayek believed that governments can’t do this effectively and it is better in the long run to allow the economy to fix itself. This rap does an excellent job of explaining their positions.

An Anniversary That Means a Great Deal to Me (if not anyone else)

On this date in 1980 I had an eventful day: I entered the seminary of the Stigmatine Fathers and Brothers. I moved from my home in Woodbridge, Va. to Watertown, MA; actually the Stigmatine House of Studies at 229 Watertown St. in Watertown. I transferred from George Mason University to Boston College and changed my major from Government to Philosophy. It was quite a change.

I write this because as I look over the grand sweep of my life (so far) this is a pretty big day. Previous to this I had visions of graduating from George Mason, going to University of Virginia Law School and spending my career as an attorney. By my sophomore year at George Mason I began to understand that this wasn’t going to fulfill me. The idea of switching to becoming a Catholic priest seemed unbelievable, but somehow attractive. I entered the Stigmatine seminary that day convinced that God would take care of me and prevent anything bad from happening.

He did (take care of me) and didn’t (prevent anything bad from happening). But from that day I’ve never seriously thought about becoming a lawyer, and I’ve never thought about a career away from being a public person of faith. Since that day I’ve been a seminarian (with both the Stigmatines and the Paulist Fathers), a priest with the Paulists, a Director of Religious Education (running a CCD or Sunday School program), a Youth Minister (working with teens), a resident manager in a home for teen mothers, and (finally) a hospice chaplain.

When I look back on the person I was 32 years ago I barely recognize myself. On the other hand I recognize I would not be the middle aged man I am today if my younger self hadn’t taken that step on that day, in that place.

I’m also grateful for all the brave men and women who have crossed my path. Not all of them would predict I’d be where I am now, but all of them had a part in who I am now. My thanks.

The Justice Chronicles Volume 7: Paul Ryan and Ayn Rand

Yesterday we learned that Governor Mitt Romney has chosen Congressman Paul Ryan as his running mate. There is lots to talk about, and I’ll be doing more talking in the next few months. Right now I want to focus on Paul Ryan’s views on the role of government.

When he was in college Paul read Atlas Shrugged by Ayn Rand (1905-1982) and was immediately taken by it. Much of his political philosophy comes from her views: what she calls “Objectivism.” She holds that:

  1. Reality exists as an objective absolute–facts are facts, independent of man’s feelings, wishes, hopes, or fears
  2. Reason (the faculty which identifies and integrates the material provided by man’s sense) is man’s only means of perceiving reality, his only source of knowledge, his only guide to action, and his basic means of survival.
  3. Man–every man–is an end in himself, not the means to the ends of others. He must exist for his own sake, neither sacrificing himself to others nor sacrificing others to himself. The pursuit of his own rational self-interest and of his own happiness is the highest moral purpose of his life.
  4. The ideal political-economic system is laissez-faire capitalism. It is a system where men deal with one another, not as victims and executioners, nor as masters and slaves, but as traders, by free, voluntary exchange to mutual benefit. It is a system where no man may obtain any values from others by resorting to physical force, and no man may initiate the use of physical force against others. The government acts only as a policeman that protects man’s rights; it uses physical force only in retaliation and only against those who initiate its use, such as criminals or foreign invaders. In a system of full capitalism, there should be (but historically, had not yet been) a complete separations of state and economics, in the same way and for the same reasons as the separation of state and church.

Religion composes the only true difference in their beliefs: Paul is Catholic and Ayn was a strong atheist. In an interview in 1964 she was asked: “Has no religion, in your estimation, ever offered anything of constructive value to human life?” This is her answer:

Qua religion, no—in the sense of blind belief, belief unsupported by, or contrary to, the facts of reality and the conclusions of reason. Faith, as such, is extremely detrimental to human life: it is the negation of reason. But you must remember that religion is an early form of philosophy, that the first attempts to explain the universe, to give a coherent frame of reference to man’s life and a code of moral values, were made by religion, before men graduated or developed enough to have philosophy.

Paul wishes us to believe that you can be a follower of Ayn Rand and a Christian, but can we? How do we square an entire philosophy based exclusively on self interest when Jesus gave his life to save all humanity? How does the pursuit of one’s own self interest find any common ground with a faith that demands that we be our brother’s keeper?

This is not just academic discussion. Paul has proposed a federal budget that is very much in agreement with Objectivist views. He calls it The Path to Prosperity and you can download a copy here. It is clearly a path to prosperity if you are already rich. It makes horrific cuts to programs like Medicare, Medicaid, and a host of other programs that provide basic services to the poor while providing generous tax cuts to the richest among us.

If this budget plan aligns with Objectivist values, what does Christianity say? In 1986 the United States Conference of Catholic Bishops wrote a document called Economic Justice for All: A Pastoral Letter on Catholic Social Teaching and the U.S. Economy. This is their opening paragraph:

We are believers called to follow Our Lord Jesus Christ and proclaim his Gospel in the midst of a complex and powerful economy. This reality poses both opportunities and responsibilities for Catholics in the United States. Our faith calls us to measure this economy, not only by what it produces, but also by how it touches human life and whether it protects or undermines the dignity of the human person. Economic decisions have human consequences and moral content; they help or hurt people, strengthen or weaken family life, advance or diminish the quality of justice in our land.

In paragraph 8 they state: “As a community of believers, we know that our faith is tested by the quality of justice among us, that we can best measure our life together by how the poor and the vulnerable are treated.”

The election is 84 days from now and we have a clear choice to make. More later.

Happy Birthday Memere

For the uninitiated, “Memere” is the word my family uses for grandmother. My father’s mother, who died in 1988, was born 125 years ago today in Richibucto, New Brunswick, Canada. The area was beautiful but economically poor and as a young woman she emmigrated to Garder, Massachusetts where she spent the rest of her life. She got a job as a chambermaid at the Colonial Hotel, met a bellhop, and they married in 1918. They raised 2 daughters and 5 sons. Of the sons, 4 of them served in uniform in either World War II or Korea, or both.

I’m thinking of this against the background of the recent Supreme Court decision in the case of Arizona vs. United States. Almost everyone agrees that our immigration policy is a mess, but the battle of the soundbites is clearly being won by the anti immigration nutcases. Their argument begins and ends with the phrase: “What part of illegal don’t you understand?” The funny thing is that most of us are here because our ancestors came here from other countries.

The nutcases argue that our ancestors came legally and that makes all the difference. They argue that those who are current undocumented workers didn’t take the legal path. They, in a sense, cut in line. Well these are silly arguments. When my grandmother came to the US around 1915 there were no laws governing immigration from Canada. If you could get here (and were white) you could stay: you could find a place to live, get a job, meet someone, and begin the process of becoming an American. That didn’t change until 1921 and the Emergency Quota Act set limits on how many people could come here. Since then anyone who wants to come here has to compete for a spot. Frankly, if you’re an engineer from Bangalore (and Qualcomm wants to hire you) there is a line for you to get in. If you’re a farmworker from Mexico (or a chambermaid from Canada), there is no line. You can’t “cut in line” because there is no line to cut in.

I’m grateful my grandmother had the good fortune of coming here before her skills were evaluated and ranked. Her children were part of the generation who lifted the country out of the Great Depression and fought a world war that ensured a happy ending for the 20th Century.

When I look at men and women who are this generation’s immigrants I see my grandmother. Regardless of their legal status.

So should you.

Happy Loving Day!

Today marks the 45th anniversary of the day the Supreme Court unanimously struck down Virginia’s law prohibiting interracial marriage.

Virginia, like many of the southern states, prohibited people of different races from marrying. In 1958, Richard Loving (who was white) wished to marry Mildred Jeter (who was black). They lived in Richmond and couldn’t marry there; they traveled to Washington D.C. and married. They then went back to their home in Caroline County. They were arrested in October, plead guilty, and were sentenced to 1 year in jail. Section 258 of the Virginia code stated this:

If any white person and colored person shall go out of this State, for the purpose of being married, and with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as man and wife, they shall be punished as provided in § 20-59, and the marriage shall be governed by the same law as if it had been solemnized in this State. The fact of their cohabitation here as man and wife shall be evidence of their marriage.

The judge suspended the sentence on the condition that they leave Virginia for a period of 25 years and said this:

Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And, but for the interference with his arrangement, there would be no cause for such marriage. The fact that he separated the races shows that he did not intend for the races to mix.

The couple moved to Washington D.C. and Mr. Loving filed suit (ironically making this the case of Loving v. Virginia). The case was argued before the Supreme Court on April 10, 1967 and the Court unanimously struck down the Virginia law 45 years ago.

I can’t resist, but the hot marriage issue of this decade is gay marriage. Opponents of gay marriage argue that marriage has always been heterosexual (much like it used to be between people of the same race), it is the will of God, and that the federal government has no right to determine how states decide marriage. Loving v. Virginia shows that the classic definition is always under review.

Happy Loving Day everyone!

Nomination Update

A few months ago I set up a grid to keep track of the Republican delegate count. It appears that tonight Mitt Romney wrapped up the necessary delegates. I have therefore removed the counter. I’ll no doubt resurrect something like that in 2016.