Friday November 13, 2009
So let me see if I understand you correctly, mainstream Democrats: Rep. Bart Stupak (R-MI), a longtime opponent of health care reform, has decided out of the goodness of his heart to construct a well-written amendment to the health care bill that would bring pro-choice and pro-life Democrats together and ensure its passage. Am I right?
Judging by the words of my About.com colleague Deborah White, guide to U.S. Liberal Politics, that's what many Democrats are thinking right now--which is how they're justifying the biggest restriction on abortion rights since Roe v. Wade. But let's break this down: Read more...
Monday November 9, 2009
If you've been following the pro-choice response to the Stupak amendment, and you've also read the darned thing, you may be wondering how we got from point A to point B. How does the stumbling, messy language of this amendment actually produce a ban on private insurance coverage of abortions? Read more...
Saturday October 31, 2009
Other than the completely baseless red herring about the Shepard-Byrd Act somehow threatening free speech, one of the most persistent criticisms of hate crime laws is that motivation does not, or should not, matter when it comes to criminal justice--that we should not establish special categories of prosecution for crimes that are motivated by specific factors. As Star Parker argues in the Dallas Morning News:
What could it possibly mean that the penalty for the same act of violence - for murder - may be different depending on what might be deemed to be the motivation?
Can you imagine a football game where the penalty for roughing the passer is 20 yards rather than 15 if the referee concludes that the violence perpetrated was motivated because the quarterback was [gay]?
That's a legitimate point of view, and the response to that argument is to describe the chilling effect that hate crimes can have on entire communities--an effect comparable to terrorism. The extra penalties, in other words, do not suggest that the victims' lives are worth more; they suggest that there are more victims involved.
This is also the rationale behind laws against rebellion and terrorism, which attach additional penalties to acts that are perpetrated with the objective of targeting the U.S. government or the country as a whole.
It's true that more categories may be added to the hate crimes law down the road. Personally, I would welcome additional protections for veterans, the elderly, children, and the homeless under the same terms as the Shepard-Byrd Act. All we are doing is stating that crimes that target communities need not pose a threat to the U.S. government, or to the country as a whole, in order to have a disproportionate effect on larger communities. The hate crime law, in other words, is not a statement that members of targeted groups are sacred; it is a statement that the government is not, and that every community terrorized by bias-motivated violence should be protected in a way that acknowledges the broader impact of such violence.
And if you still don't believe that LGBTs need special consideration, I would urge you to look at the Transgender Day of Remembrance web site--a record of anti-transgender violence, much of it unprosecuted, that serves as a threat against anyone who colors outside of the arbitrary lines of heternormativity. A country in which a gay couple can't hold hands in public without fear of violence is not a free country--regardless of whether the violence is perpetrated by the government itself, or by vigilantes who are deputized by local law enforcement agencies' selective unwillingness to prosecute.
See also: The Federal Local Law Enforcement Hate Crimes Prevention Act of 2009
Friday October 23, 2009
Earlier this week, the Obama administration released a memo stating that prosecution of medical marijuana dispensaries and caregivers "is unlikely to be an efficient use of limited federal resources." This is, in effect, a weakened federal version of the "lowest law enforcement priority" statutes adopted in some U.S. cities. While a more strongly-worded memorandum would be ideal (there are far too many loopholes in this one), this will probably reduce, and may eliminate, elective raids on state-legal medical marijuana facilities.
But this is, make no mistake, a temporary accommodation--a limited stopgap measure. Why? Because:
- The memo clearly states that the Department of Justice is still obligated to enforce federal law, even against medical marijuana dispensaries, and grants U.S. attorneys unlimited discretion to continue to do so.
- A subsequent administration can change the policy at will. For that matter, the Obama administration can also change the policy at will.
What is really needed is congressional action to revise federal antidrug laws and create a loophole for medical marijuana dispensaries operating in states in which medical marijuana is legal. So far no such legislation has made it through Congress--and it won't, if the recent memo is interpreted as comparably effective.
The memo is a nice start, don't get me wrong. But the real work involved in ending the federal war on medical marijuana, and the real responsibility to do so, rests with Congress.
Related: History of the War on Drugs