Yet another defeat for the Defense of Marriage Act


A small reminder of political opportunism selling out civil rights

The United States Court of Appeals for the Second Circuit on Thursday became the second federal appellate court in the nation to rule that the Defense of Marriage Act violates equal protection by barring same-sex couples legally married under state law from receiving the federal benefits available to heterosexual couples.

Any sensible reading of the Constitution and basic fairness demand a repudiation of this discriminatory law. So far, seven federal courts, including district courts, have reached the same conclusion about this improper denial of benefits. The next stop should be the Supreme Court.

The 2-to-1 ruling on Thursday came in the case of Edith Windsor, who married her partner of more than 40 years, Thea Spyer, in Canada in 2007. Their marriage was recognized by New York State. Yet, when Mrs. Spyer died in 2009, Mrs. Windsor, now 83, was prevented by the act from claiming an exemption from the federal estate tax available for surviving spouses, and was required to pay $363,053 in estate taxes.

Judge Dennis Jacobs, a George H.W. Bush appointee who wrote the majority opinion, said the law’s defenders — namely Republicans in Congress who took up the cause after the Obama administration decided in 2011 not to defend the law — did not offer any good reason for treating married same-sex couples differently from their heterosexual counterparts…

The new ruling also marked a legal breakthrough, one sought by the Justice Department. It is the first federal appeals court ruling to recognize that discrimination against gay men and lesbians — like discrimination based on gender or directed against children born out of wedlock — must be subject to “heightened scrutiny.” This standard requires government to have an “exceptionally good” reason to justify the different treatment. (Racial discrimination is subject to an even more skeptical review.)…

The Supreme Court should dismiss this law out of hand. If the self-titled strict constructionists have any loyalty to principles enshrined in the US Constitution this will not be a problem. Unfortunately, like most ideologues, they cannot be trusted to rule on behalf of reason and trust in democratic law.

Sound reasoning, a defense of open democracy means nothing, of course, to bigots. Opportunism is as consistent with American legal proceedings as it is within the chambers of Congress.

Canada to revoke 1800 fraudulent citizenships

Most of the 1,800 people the feds believe obtained their citizenship fraudulently are Canadians of convenience who don’t even live here, according to Immigration Minister Jason Kenney. “Most of these people, we believe, have never really lived in Canada and are still overseas,” he said Wednesday…

“We frankly have got them dead to rights with the proof that we have, and I don’t think a lot of these people want to go through a long, protracted public court battle where it’s clear they fraudulently obtained our citizenship. We expect most of them will just accept our decision and we’ll be able to do this in a fairly quick and low-cost way.”

The federal government revealed Tuesday it will revoke the citizenship of 1,800 people alleged to have obtained their Canadian citizenship fraudulently.

For the most part, it appears those people fudged or hired crooked immigration consultants to fudge for them their residency requirements…

Kenney warned the 1,800 are likely just the first tranche of people to have their citizenship revoked as the feds crack down on the crooked consultants.

He called it, “widespread residency fraud, where these consultants will sell packages for thousands of dollars, create a fake house or address or apartment, create fake utility bills and submit those to my ministry as proof of residency.”

In 2006, the federal government shelled out nearly $100 million evacuating 15,000 Canadian citizens from Lebanon during the Lebanon-Israel conflict.

It turns out many of them had rarely, if ever, set foot in Canada, prompting some to blast them as “Canadians of convenience…”

Since Confederation, Canada has only ever revoked 67 citizenships, 63 of them since 1977.

Sounds like this is overdue. If so, I have to ask how long did it take for someone to notice a practice this phony was going on? Like – who’s watching the store?

Yes, that is a helluva question for an American to ask, eh?

Israel prepares to revoke citizenship of uppity Israeli Arabs

Israel has passed a law that eases the process of revoking citizenship in a step denounced as a move to threaten primarily its Arab minority.

The amendment to a so-called “Citizenship Law” was the latest in a list of parliamentary measures taken this past month that civil rights activists denounce as undemocratic but Israeli rightists see as essential to the Jewish state’s defense.

The measure, which passed by a vote of 37 to 11 after a stormy debate, empowers Israeli judges to deny citizenship privileges to anyone convicted of espionage or committing violence with nationalist motives.

Some of the delights of the McCarran-Walters Act that made life in McCarthyite America such an “adventure”.

Israeli Foreign Minister Avigdor Lieberman, whose ultra-nationalist party sponsored the measure, proclaimed victory after the vote, saying he had fulfilled a pledge to voters to crack down on any “citizen who sides with the enemy.”

Israel’s Association for Civil Rights issued a statement in protest saying that “in a democracy you don’t deny citizenship” and that the measure sends a “humiliating and discriminatory message that citizenship for Israeli Arabs is not automatic…”

Israeli Arabs, who make up about a fifth of Israel’s population, are descendants of Palestinians who remained in what is now Israel when hundreds of thousands were driven away or fled in a 1948 war over Israel’s establishment.

Unlike Palestinians living in territory Israel captured in a 1967 war, Israeli Arabs are fully enfranchised though many complain of discrimination…

Not an important topic for the Israeli government. Or their allies in our Congress. In fact a few of the latter are preparing similar legislation for the United States.

Salazar seeks to roll-back rules on mine-waste dumping


Vivian Stockman, Ohio Valley Environmental Coalition

U.S. Interior Secretary Ken Salazar has asked that a federal court vacate a rule allowing mining companies to dump waste near rivers and streams.

Salazar instructed the Justice Department to ask the U.S. District Court for the District of Columbia to vacate the rule adopted in the waning days of the George W. Bush administration, The Washington Post reported.

A 1983 law barring mine operators from dumping debris — collected from shearing mountaintops to reach coal seams — within 100 feet of an intermittent or permanent stream if the waste would harm water quality or reduce water flow.

Salazar said the Bush administration pushed through a rule allowing operators to dump the waste into stream beds “if it’s found to be the cheapest and most convenient disposal option.”

“We must responsibly develop our coal supplies to help us achieve energy independence, but we cannot do so without appropriately assessing the impact such development might have on local communities and natural habitat,” he said in a statement.

Ain’t a bad first step – but, that’s all it is. The 1983 law at the base of this little empire of rubble has rarely been enforced by governments led by either of the TweedleDeeDum Parties.