A Maine man and part-time Disney cast member, Devon Staples ended his life in a senseless and careless way this Fourth of July by trying to launch a firework off the top of his head at a party. The firework exploded and killed him.
Category: Society
Below is my column today in the Washington Post on the ruling in Obergefell on the basis for the Court’s ruling in favor of same-sex marriage. Due to limitations on space, I could not go into great depth in the opinion which primarily dealt with the notion of the “right to dignity.” The Court did not pursue an equal protection analysis beyond the following highly generalized statement:
The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived, too, from that Amendment’s guarantee of the equal protection of the laws. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet in some instances each may be instructive as to the meaning and reach of the other. In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way,even as the two Clauses may converge in the identification and definition of the right.
Since the Court did not substantially address whether homosexuals are a protected class or the other Equal Protection line of cases, the opinion appears to craft a right around the inherent right of self-expression and dignity in intimate affairs. That is very appealing to many in the expansion of due process concepts, but the column explores what it portends for future rights.
Here is the Sunday column:
I wanted to wish everyone as wonderful and safe Fourth of July. Despite our economic and political woes, we remain as a people united by a common article of faith in our representative democracy. Indeed, the disgusting abuses of extremists in other part of the world like ISIS should remind us of the enduring symbol of freedom celebrated today. It is the very rights that we celebrate that are under attack by such groups who wish to replace free thought with rigid orthodoxy.
By Darren Smith, Weekend Contributor
We wish you a festive and joyful Independence Day and pose a question to you. Does the use of fireworks constitute protected free speech?
A tradition spanning multiple generations in the United States is that a large portion of our society celebrates and shows tribute to the United States through the lighting and observance of fireworks. Yet numerous municipalities and counties impose sweeping and total bans of fireworks. Some statutes regulate the type of firework allowable, such as those having a ferocity that safety requires certified technicians. Others ban benign devices such as snakes and small fountains.
But does a complete ban on fireworks regardless of size constitute an infringement on the first amendment rights of citizens?
Continue reading “Does Lighting Fireworks Constitute Free Speech?”
We have previously discussed the series of scandals in Washington where powerful individuals have been spared serious sanctions for acts where ordinary people have faced long and unrelenting prosecution. (here) It is part of America’s Animal Farm system where some individuals are more equal than others. That concern is even greater this week with the combination of the disclosure that Hillary Clinton did use a personal email system for classified communications and most media outlets appear to be ignoring the obvious import of that fact.
We have been following rulings on spanking where parents have been arrested for the disciplining of their children. The Massachusetts Supreme Judicial Court has overturned the conviction of Jean Dorvil who was arrested after he spanked his daughter in public.
It often seems that a day cannot go by without finding something to truly hate about the NFL. Despite being a football (and Bears) fan, I have long found the NFL itself to operate just slightly above the level of the Barbary Pirate kingdoms. We can add the abusive treatment of cheerleaders. California this month moved to become the first state to require that cheerleaders be paid minimum wage by teams. While lawyers have long insisted that they already qualify for such pay, some NFL teams have been pulling in hundreds of millions of dollars while paying cheerleaders either nothing or the equivalent of $5 an hour. The “Buffalo Jills” for example were paid nothing. Nothing by a time that featured them and pulled in millions for televised games.
There is an interesting academic controversy out of Louisiana State University where Professor Teresa Buchanan, who specializes in early childhood education and trains elementary school teachers, has been fired for creating what university administrators describe as a “hostile learning environment” that amounted to sexual harassment. However, the crux of the charges appears to be Buchanan’s use of foul language and bawdy jokes. The question is why (as recommended by the faculty committee) Buchanan was not simply reprimand or censured for such violations as opposed to fired.
We have been discussing the horrific environmental record of the administration of Prime Minister Tony Abbott. This includes the decision to dump millions of tons of waste into the Great Barrier Reef. The move that led to international outcry including official condemnation from UNESCO. Much of the criticism has been directed at Abbott putting industry officials in charge of environmental decision-making with predictable results. This week saw the latest such controversy after Western Australia mining minister, Bill Marmion (left) declared categorically that official protection of the Great Western Woodlands, the largest remaining temperate woodlands in the world, will not be supported if it impinges on mining. Period.
This is truly painful since I am neither a fan of Donald Trump or beauty pageants, but here it is: Is it possible that the actions taken against not just Donald Trump but his business associations are excessive? NBC has issued a statement that it will no longer air the Miss USA and Miss Universe pageants and that Trump will no longer participate in “The Celebrity Apprentice.” (Univision previously banned the pageant as did Televise. Mexico swore not to send its contestant to the pageant). Now many people have long advocated a Dump the Trump position because they view him as an obnoxious self-caricature. However, NBC is now dropping its association with Trump because he said highly negative things about border illegal aliens at a political event. [Now Macy’s has joined the corporate Dump Trump movement]
One could understand dropping a personality from a show like “The Celebrity Apprentice” over public comments, but the network is shooting shows that are connected Trump’s business interests. It seems odd to pull the plug on the Miss USA and Miss Universe contestants solely because the events is connected financially to someone who has controversial political views. The Miss USA contestants expected to appear on NBC on July 12 from Baton Rouge. The network has aired the program for the last 11 years.
Continue reading “NBC Dumps Trump Over Controversial Illegal Immigration Remarks [UPDATED]”
Cory Gloe (left) is facing a somewhat novel charge in New York’s Nassau County for his involvement in a tragic crash that killed five teenagers and injured two other people. Gloe, 18, was not in any of the cars that crashed. Rather, he is facing manslaughter and criminally negligent homicide for allegedly goaded another driver into participating in a street race.
I am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. As I went live with Jake Tapper on CNN, I noticed a familiar reference however. The Chief Justice cited to the Sister Wives litigation now pending before the United States Court of Appeals for the Tenth Circuit. I am lead counsel for the Brown family, which prevailed in striking down the criminalization of cohabitation in Utah. The Wall Street Journal and other media outlets also discussed our case.
Continue reading “Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling”
Gaming sites are reporting that Apple has pulled all war games featuring the confederate flag from the App Store as “offensive” and “hateful.” That decision of course wipes out historically accurate Civil War games. As a military history nut, I find the actions by Apple to be bizarre and revisionist. This was the symbol of one side in one of the world’s most famous military conflicts. When used in the context of a war game, it is obviously being used to closely mirror the symbols, uniforms, and equipment of the time.
Continue reading “Apple Pulls All Games Featuring Confederate Flag From App Store”
We have yet another case of someone losing their job after posting an obnoxious message on social media. Brenham, Texas, veterinarian Dr. Kristen Lindsey is out of a job after posting a Facebook photo in April of herself holding her “first bow kill” – a dead cat with an arrow through its head. However, she will not be charged with animal cruelty because the Austin County Sheriff Office said it was unable to verify when the picture was taken after Lindsey, 31, deleted the post. WARNING: the picture below is graphic and disturbing.
I spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”
Continue reading “Obamacare Spared Through “Jiggery-Pokery”?”