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Relieved that Scalia can no longer judge us

His record includes decades of attacks on LGBT Americans

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Scalia, gay news, Washington Blade
Scalia, gay news, Washington Blade

(Washington Blade editorial cartoon by Ranslem)

Although it’s true that you shouldn’t speak ill of the dead, it’s difficult to assess the record of Supreme Court Justice Antonin Scalia without getting angry. Especially if you’re gay.

The social media spectacle over the weekend of some liberal gays celebrating Scalia’s death, while being shamed by their more conservative (and tasteful) friends highlighted this problem.

We can find sympathy for Scalia’s family and friends — a group that included Ruth Bader Ginsburg — while feeling relieved that Scalia is no longer in a position to sit in harsh judgment of our lives and love. It’s hard to blame those who found some relief in Scalia’s death, given his glee in disparaging gays. There has been a lot of misguided praise for Scalia since his death.

Let’s be clear: If Scalia had his way, not only would gay couples not be legally marrying, we’d also lack basic anti-discrimination protections. In 1996, in his dissent in Romer v. Evans, Scalia described Colorado’s law that sought to kill anti-discrimination protections as a, “modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority.”

His dissent in Lawrence v. Texas, which overturned sodomy laws, likened gay sex to incest and bestiality, among other ills the public could justifiably exert its “moral disapproval” to ban.

And in his dissent in the Obergefell case that ended bans on same-sex marriage, Scalia saw a threat to democracy itself. “I write separately to call attention to this Court’s threat to American democracy,” Scalia began his screed.

He continued, “This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”

So much for protecting the minority from the tyranny of the majority.

Scalia is closely identified with the concept of “originalism,” or the view that the Constitution’s meaning is locked as of the time it was adopted. This notion, of course, ignores the amendment process and the Ninth Amendment entirely, which states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This concept also constrains justices who might adapt to new times, technologies and concepts that would have been totally foreign to the Founding Fathers. It’s a restrictive view that put Scalia at odds with liberals and some conservatives alike during his 29 years on the high court.

What’s even more distasteful than the social media celebrations of Scalia’s death are the assertions by Republicans like Sens. Mitch McConnell and Ted Cruz that the GOP will oppose ANY replacement put forth by President Obama, per his constitutional duty. Let’s hope the Republicans have miscalculated on this craven plan and in blocking a moderate Obama appointee are faced with the prospect of President Hillary Clinton getting the pick — with a Democratic Senate to advise and consent.

There can be no doubt that the GOP has lost its way. There must be a reckoning — the mindless lunatics of the Tea Party must be cut loose so the remaining sensible voices can reshape a GOP for a modern era. The anti-intellectualism endorsed by George W. Bush, Sarah Palin and others has predictably led the party to where it is today: The brink of nominating a racist, washed-up reality TV star as its candidate for president.

Obama should teach them one final lesson and cram the most liberal nominee he can find down the throats of these treasonous Republicans.

Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

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Veritable abductions of mankind

Ex-boyfriend vanished as if UFO snatched him away

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(Image by vchal/Bigstock)

(Editor’s note: This is the first of a two-part column. The next installment will be published in March.)

Lately, I’ve been thinking about aliens. 

Perhaps not aliens per se, but rather UFOs. In the last few years, Congressional hearings have confirmed the existence of what used to be science fiction—that for decades at least, our government has not only encountered UFOs but even recovered non-human biologics from UFO crash sites. 

This is fact, by the way. Look it up yourself. 

Still, my focus isn’t on the actual UFOs. Instead, I’m focused on the witnesses who claimed to have encountered them. These people were often written off as crazy—if they shared their truth at all, that is. Many kept their own encounters secret out of a founded fear of how others would perceive them. Some, we have come to learn, were coerced into silence at the command of our government. 

Have you seen any footage of witnesses interviewed today? Some are grown men who break down sobbing over the trauma. However, this trauma wasn’t because they encountered a UFO; the trauma was a result of the coverup. That is the fault of neither the witness nor the UFO, but rather those who dedicated precious time and resources to hiding the truth, alongside the society who judged them harshly for it. 

And to what end? The government appears just as confused about what’s happening as they did fifty years ago. I’d argue we would be closer to the truth today had the truth been told all along. 

Now that I’ve shared why aliens are on my mind, let’s dive into why. Alongside my next piece, I will tell a series of connected stories that are so eyebrow raising that people may attempt to write me off as crazy, just like the UFO witnesses. 

In October 2021, an interesting event occurred at the doorstep of my apartment. Half an hour earlier, a 24-year-old man I had dated briefly over the summer emailed me to ask if he could come over. When he arrived, I was immediately concerned. He appeared thin and deeply confused, carrying a shoebox of crumpled paper with writing on both the paper and the shoebox itself. While he couldn’t articulate what had happened, he made two clear requests: He did not want to return to his Navy Yard apartment, and he did not want to see his family. 

Initially I had pulled back dating him after initial signs of instability. For example, he apparently had an ex-boyfriend living with him in an expensive studio apartment, which I did not know until said ex-boyfriend walked in on us having sex. The ex-boyfriend exploded in anger. I, meanwhile, threw on my clothes and sped out of there. 

Months later, this 24-year-old appeared terrified of both his ex-boyfriend and his family. So, under the guidance of my therapist, I let him stay with me while I connected him to a psychiatrist. Meanwhile, I made his family and his ex-boyfriend aware of the situation to cover my bases. 

Over time, his mental health improved vastly, and I was happy to see him get healthier. Unfortunately, this was not enough for his ex or his family. 

A few weeks in, his mother flew into D.C. and, alongside his ex, stormed to my apartment. At my door they knocked incessantly, demanding I turn him over. However, he reiterated his desire for them to go away. Since I was not about to hand him over against his will, I made the next logical choice: I called the police. 

When the police arrived, it did not take them long to see the mother and ex-boyfriend were out of line, especially after this young man stated he did not feel safe with either. I was nice enough to allow the mother inside my apartment (perhaps too nice) to permit communication between them from a safe distance. Naturally, she said a few nasty things to me on the way out. Fortunately, the incident is documented and available for public record. 

My mind circled on what compelled people to behave like that. Why were they bent on taking him away? Why was he so defiant? Something was off, but the best I could do was support him in his decisions. 

Not long after this incident, my boss notified me of a letter sent to every member of our board. The document’s letterhead said Stop Domestic Violence, was signed “Group of Anonymous Six People,” and contained a contact email of [email protected]. The letter claimed “Jacob (Jake) Stewart abuses his significant others and takes advantage of the mentally ill. He is a threat to others and the greatest danger to those who are vulnerable.” It went on to claim that I was holding my friend hostage, and I should therefore be fired. 

Due to the allegation, my work had to understandably carry out an investigation. With a police report on my side, I knew I had nothing to be afraid of. Additionally, my friend’s progress in this time was my assurance—until Thanksgiving, anyway. 

Back then I spent every Thanksgiving in New Mexico, and while I felt guilty for leaving my friend in D.C., I also felt uncomfortable bringing him to my family’s dinner. This was primarily because I didn’t want him or anyone else to have the impression that he was my boyfriend. Morally, I felt he must be independent and healthy before a decision like that should be taken seriously. 

My next best alternative was to have him arrive later that evening, when I typically invited other friends for fun and games. But something odd happened: He missed his flight. After purchasing a new ticket, I arrived at the airport to find him in yet another manic state. 

It was a stark turnaround to how I had left him. What happened in those two days? Honestly, I may never know. 

After returning to D.C., his father—a high profile man himself—swooped in to take him away. My friend seemed okay with that, so I supported his decision. Oddly, the task of writing his resignation letter for his job fell on me. At the time he worked for a US senator—one of his father’s connections, no less—making it all the more odd that I had to draft it.  

Meanwhile, my friend was promptly moved back to his hometown of Kansas City. I visited him once. He visited me once. Then one day he told me they were moving him to Dallas. 

I haven’t seen or heard from him since. It’s been nearly three years. He vanished as if a UFO picked him up and snatched him away. 

This alone is quite a story, but the mystery doesn’t end here. So, this 2-part adventure will be unveiled soon. It may reveal a conspiracy as big as our encounters with UFOs. But don’t worry, this will not be a story about alien abductions. 

It will, however, be a documented series about veritable abductions of mankind.

Jake Stewart is a D.C.-based writer and barback.

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Commentary

US funding freeze exacerbates flood aftermath for LGBTQ Batswana

Natural disaster has left several dead, impacted thousands

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On Thursday, Feb. 20, we commemorated World Social Justice Day amidst an unprecedented flooding crisis that devastated homes and families across Botswana. We had to remind Batswana of the importance of consistency in ensuring justice for everyone. Even in times of crisis; poor urban planning, drainage systems and property workmanship have led to disruption, impacting over 2,900 lives and the loss of at least seven by Saturday morning. Schools were closed and government staff working in shifts reminded me of the COVID-19 pandemic where prolonged stays at home increased vulnerabilities for women and children in their diversity, mental health deteriorated, gender-based violence increased and longstanding health inequities worsened. These are the realities of those in rural areas living with HIV and those with disabilities even when there is no crisis. 

President Trump’s executive orders have further aggravated the situation.

Key populations at risk of HIV, LGBTI and sex workers, no longer have nondiscriminatory targeted health provisions or indirectly, emergency response measures through intermediary funders from civil society office shut downs and budget cuts to explicit exclusions of any diverse groups—most notably, transgender and gender diverse folks like myself. Close friends no longer have homes or furniture. Sporadic electricity and water cuts are the order of the day even in unaffected areas, going as long as two days without either. Unsurprisingly, there are no queer emergency funds or digital individual giving infrastructure, or dedicated philanthropic efforts to rise to the occasion. A true reflection of the paradox of a higher middle income country. An economic classification that has led to perpetual declines in overseas development assistance and the assumption of a thriving democracy. I often ask myself, a thriving democracy for who?

When COVID-19 vaccines first arrived, they were held in a private residence for the elite to be vaccinated. When our constitutional review bill was tabled before the 12th parliament, there were protests against the inclusion of intersex protections. When we first had floods in January, the more underserved and impoverished areas were impacted. There were no nationwide initiatives for donations from the business community as we do now, concentrated in the capital city. Gaborone. It seems we did not learn from previous cyclones, floods, tremors or pandemics domestically or regionally. Every day, I am reminded of how unequal and unjust my country is. Despite a change in government, I still got pulled from an interview on national television less than five minutes from the shooting schedule. I am left to question whether it’s my gender identity, expression or not carrying the right kind of surname? The topic had already been approved and the channel staff reached out to me directly for a conversation on sex work within the queer community in rural settings. 

A thriving democracy does not leave you questioning your dignity and personhood. It ensures transparency and accountability as a part of its culture. A higher middle income country takes care of all its people, not just the elite. Social protections, universal health coverage, diversity and inclusion are not afterthoughts. Anchored in political will, the respect in the indivisibility of human rights trumps the bare minimum of the rule of law. However, my country only reflects the global geopolitc: A world where power and equality are defined by economic, social, military and financial capital. One that continues to draw from the planet, working poor, and othered without shame or repercussions. It’s a power that Toni Morrison spoke of as a profound neurosis on a Charlie Rose interview. Explaining that those who abuse power are bereft. Void of seeing others as human or with any empathy. Whilst she might have been focusing on racism as a social and institutional construct, I understand now: That the hubris of fear [or phobia] can only resort to violence, subjugation and abuse of office. That it is a reflection of poor upbringing, self indignity and a lack of humanity in oneself.

As our exclusion is institutionalised, one understands that we are truly powerful. National architecture redirected and prioritised towards us. National attention, laws and inhumanity towards us for merely existing. Whilst it may trigger trauma and injustice; it also propels our existence as resistance. It unearths the insecurity that dictators and tyrants in offices and government alike, have to face when sitting with themselves at the end of each day. Having to account for their shortcomings and inadequacy despite being wealthy and in power. They are intellectually deficient and denied any morality just as imagination. A prison of oneself, where they are the center of the world, but really aren’t. It is an abyss, a plateau that only knows growth in exploitative profits and never in personhood. Defaced from any identity, history and culture—void of kindness to oneself. So they try to take these away from us instead. This is why I believe all is not lost. As we write, sing, and share our stories, as we connect beyond borders and binaries. We rejoice in meeting our peers in solidarity, reminding each other that we cannot be silenced or erased. From shared resilience to shared joy in our activism, Václav Havel’s words ring true: “Hope is not the conviction that something will turn out well, but the certainty that something is worth doing no matter how it turns out.” 

Dumi Gatsha is a consultant and founder of Success Capital Organization, a grassroots NGO working in the nexus of human rights and sustainable development at grassroots, regional, and global levels.

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Opinions

Democrats: Give your time, and importantly, as much money as you can afford

Withholding financial support is exactly what Trump, Musk want

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(Image by coyote/Bigstock)

This is the time for those of us fighting the destruction of our country by the felon people elected as president, and his Nazi sympathizing best friend, to stand up and be counted. To speak out, protest, and then give all we can afford to Democratic candidates who can help take back our country. I was amazed, though I shouldn’t have been, reading in the New York Times that Democratic billionaires are withholding their money, some afraid of Trump’s retaliation. The Times wrote “Aides to Reid Hoffman, the billionaire LinkedIn co-founder and one of the biggest Democratic donors, have signaled that he is now much more reluctant to fund progressive political projects. A spokeswoman for Mr. Hoffman said ‘he thinks that the Democratic Party strategy needs to reform, and when it does, he’s happy to hear new ideas and new pitches.’ Mr. Hoffman has also voiced publicly what many large donors have said privately: He expects retaliation from Mr. Trump.” This fear of action is what happened in Nazi Germany! I urge Hoffman to not be afraid, but to stand strong. Give to the groups you care about, and directly to individual Democratic candidates around the country. That has to be the pitch. Withholding financial support is just what Musk and Trump want you to do. Total capitulation!

Today we are seeing President Felon, who avoided serving in the military, firing veterans from their government jobs. It is reported his co-president Musk fired over 1,000 from the Veterans Administration. Now he will be going after those in the Department of Defense. Men and women who served our country as patriots, willing to give their lives for our freedom. They are now being tossed out like garbage by this president, and his Nazi sympathizing friend, who admits he left South Africa to avoid serving in their army. They are disgracing our nation. 

Now, counter to what is being said, Democrats are doing something, but we must recognize the limited power they have, as the minority in Congress. There are many groups filing lawsuits, many speaking out, organizing protests. Members of Congress are trying to slow down MAGA Republicans, and some taking to the streets to protest. Rather than focus on what you think Democrats aren’t doing, focus on making sure people understand clearly what this administration is doing. They are abandoning our allies, and joining with Russia and Putin. Cozying up to a dictator. Trump has said Ukraine started the war, when we all know that is a lie. He called Zelenskyy a dictator, when we know he was elected. I continue to wonder what Putin has on him, and is threatening him with.

Democrats are debating what our national policy should be. How we should talk to people. My view is over the next year we must instead focus on Virginia and New Jersey. We must win in those states. To do so we need to support those candidates who deal with the issues that will get voters out to vote for the Democrats running. In Virginia candidate are saying it’s the economy, it’s mass federal firings, veterans care, healthcare, education. We need to follow their lead and finance those candidates on the ballot, to win. The same goes for New Jersey. It is not necessarily about a national focus; it is about a local focus. Once we win those states, and I believe if we fund them well, we will; in 2026 we then focus on the House of Representatives. Remember, we cut the Republican majority there even when Trump won. We will win if the focus is on candidates, district-by-district, and ensure the funding is there for those candidates to win. 

So, to all who think now is the time to abandon the Democratic Party, and withhold your money, you are dead wrong. Instead, stand strong, make your views known within the party, and open your wallets to the candidates who can win. They may not share your every view, but remember they will vote for Democratic leadership in state legislatures and in the House of Representatives. That is how we retake the agenda. 

Like it or not, most voters are moderates. Their focus is on paying their rent, heating, and air-conditioning bills, buying food for their families, and gas for their cars. They care about those who served in our military, and risked their lives for us. They care about freedom, and we need to be where they are. If you walk away now, if you let the felon in the White House, and his Nazi sympathizing friend intimidate you, we lose. Don’t give up, fight back. We can overcome!

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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