After School Satan Clubs Are Teaching Public School Districts an Important Lesson in Free Speech  

Be careful what you wish for – you just might get it. 


 
That seems to be the lesson public school districts across the country are being forced to learn from an unlikely source – Satan. 


 
Thousands of districts in the US allow religious organizations and clubs to operate on public school property, especially after classes are over.  


 
So The Satanic Temple (TST) – an organization that’s not really Satanic or a temple – goes around proposing After-School Satan Clubs at the same districts – and all Hell breaks loose.  
 


Keep in mind none of these districts need open their grounds to religious organizations. They could simply cite the Separation of Church and State and be done with it.  


 
The first clause in the Bill of Rights states, “Congress shall make no law respecting an establishment of religion.” This has been interpreted to mean that the government shall neither support nor prohibit religious expression. 


 
Our right-leaning Supreme Court has chipped away at this notion allowing all kinds of government support – however logic and consistency still mean something. 


 
Districts apparently CAN ignore the Church/State conundrumBUT – if a district is going to violate this tenant for one organization, it has to be willing to do so for all. 


 
And that is why TST is making this point.  
 


Unlike the Church of Satan, a religious institution founded in the 1960s that literally worships the Biblical devil, TST is a non-theistic organization which uses hyperbole and humor to protest the Religious Right and authoritarianism. The organization says it strives to “provide a safe and inclusive alternative” to Christian-based groups that may seek to “convert school children to their belief system.” 


 
The TST’s latest victory is the first After-School Satan Club in Pennsylvania, which is set to hold its inaugural meeting today


 
All it took was a police investigation and the threat of a lawsuit from the American Civil Liberties Union (ACLU) to make it happen. 
 


The Saucon Valley School District in the Lehigh Valley already allows explicitly religious organizations to hold meetings on school grounds like the Good News Club run by the Child Evangelism Fellowship, a Christian fundamentalist organization that seeks to influence schoolchildren as young as five. 


 
So TST requested permission to start a new club on district property with the slogan “Educatin’ with Satan.” 


 
“Proselytization is not our goal, and we’re not interested in converting children to Satanism,” writes TST. “We prefer to give children an appreciation of the natural wonders surrounding them, not a fear of everlasting other-worldly horrors.” 


 
The response was immediate with messages from concerned citizens flooding into the district. 


 
The point went over many people’s heads. “What’s next, the after-school heroin club?” asked someone in an email. 


 
Others seemed to understand the district’s hypocrisy in blurring the lines between Church and State: “Please shut down all religious after-school clubs if that’s what needs to be done to keep Satan out of that building,” read another email. 


 
And then there was this: “I’m gonna’ come in there and shoot everybody,” said a recorded voice. 


 
The caller wasn’t some hooded devil worshipper. He allegedly was a 20-year-old North Carolina man who was worried, “the After-School Satan Club is trying to turn kids into devils,” according to law enforcement. 
 


Shortly after, the suspect, Ceu “Van” Uk, was arrested by Charlotte-Mecklenburg Police. He was arraigned on a charge of Terroristic Threats and sent to jail in lieu of $75,000 bail. He is expected to be extradited to Pennsylvania, according to a news release. 


 
Though violence was averted, the school board and administrators denied the club’s request. They even blamed the After-School Satan Club for the controversy despite it being the target of Uk’s violence. 


 
“Our community has experienced chaos. Our students, staff, and teachers have had to endure a threat to their safety and welfare,” Superintendent Jaime Vlasaty wrote.  


 
“The gravity of feelings of instability, anxiety, and fear have been profound.”  


 
This is exactly what you get when you tear down the wall between Church and State. But the board eventually relented and allowed the club to meet after threats by the ACLU. 
 


 
Both the national and Pennsylvania chapter of the ACLU sent a letter to the Saucon Valley School District demanding that it allow the After-School Satan Club access to school facilities just as it allows other clubs. The district eventually agreed. 


 
The club, which has six student members and is the first of its kind in the Commonwealth, New Jersey or Delaware, is expected to have its first meeting today in the district middle school. 
 


Sadly, the Pennsylvania incident is just the most recent one in which religious people have resorted to threats of violence to stop others from the same religious expression they take for granted. 


 
Another After-School Satan Club, which was allowed to meet in February at an elementary school in the Chesapeake School District in Virginia, followed a similar path
 


Parents protested outside B.M. Williams Primary School, but the first meeting was held on February 16 anyway and reportedly attended by nine students. 


 
Less than a week later, the elementary school was forced to evacuate following a bomb threat from an email saying the school promoted “devil worship,” according to local media.  


 
The email mentioned threats toward three people: a Chesapeake school board member, the superintendent and the organizer of the After-School Satan Club. “You are evil, there is no other way to put it,” the email reads. “You promote devil worship and unIslamic values.” 


 
It’s ironic how so-called religious values like tolerance and non-violence are more frequently found with Satan than adherents of faiths that are supposed to be espousing those beliefs. 
 


There’s also something glaringly disingenuous when schools complain about these issues –  they could avoid clubs of a religious nature entirely. 


 
Just respect the Separation of Church and State and your problem goes away.  


 
If people want religious clubs, hold them where they belong – churches, mosques, synagogues  and other houses of worship. Don’t pretend to legitimize your faith by placing these clubs at school – the same place kids learn science, history, math and reading. 


 
There are only seven active After-School Satan Clubs, according to June Everett, TST’s director for the project. Donovan Elementary School in Lebanon City Schools near Cincinnati, Ohio, hosts another such club. 


 
By contrast, there are more than 4,000 Good News Clubs in public schools (often elementary schools) in America. Their stated purpose is: 

“to evangelize boys and girls with the Gospel of the Lord Jesus Christ and establish (disciple) them in the Word of God and in a local church for Christian living.” 


 
 
The lessons taught in these Evangelical and similar clubs are far more destructive than anything you’ll find in an irreverent “Satan” club. Good News Clubs and others like them stress Old Testament narratives of a retributive God who punishes sin, warns children that they will suffer an eternity in Hell if they refuse to believe, and stresses complete obedience as the supreme value. They tell children as young as preschoolers that they have “dark” and “sinful” hearts, were born that way, and “deserve to die” and “go to Hell.” Such messages rob children of the innocence and enjoyment of childhood, replacing them with a negative self-image, preoccupation with sin, fear of Hell, and an aversion to critical thinking. 


 
This is because most religious clubs are Biblically based and interpret that text literally. Meanwhile, The Satanic Temple’s more than 700,000 members don’t worship Satan. They take their central figure as a literary character, a symbol for the “Eternal Rebel,” according to their website. They are against “tyrannical authority” and support “individual sovereignty,” as well as empathy, compassion, and defiance. 


 
TST has waged public battles against the religious and GOP right on issues involving First Amendment freedoms, LGBTQ rights, and abortion access. 
 


Their approach has been often irreverent. In keeping with their belief in bodily autonomy, one of the temple members’ latest projects is an online clinic which aims to provide abortion medication by mail. They call it the Samuel Alito’s Mom’s Satanic Abortion Clinic. 


 
Last October, a Dallas-area Satanic Temple held an “Unbaptism” event. According to its website, an “Unbaptism” is an activity in which “participants renounce superstitions that were  imposed upon them without their consent as a child” — essentially, religious beliefs from which adults want to be disentangled. After all, most religions indoctrinate children into their beliefs before they are old enough to understand them or choose the beliefs for themselves. Why not offer them a chance to reject them once they’re mature enough to make a free choice? 


 
The fliers for the Saucon Valley program promised kids ages 5 to 12 science and community service projects, puzzles, games, nature activities, arts and crafts, snacks “& tons of fun.” 


 
This may scare some people, but I say thank goodness for Satan!  


 
It’s time we stop giving religious organizations the moral high ground as a matter of course.  


 
They need to prove their moral worth – and one way to do that would be to stop threatening people who have different beliefs. 


 
Moreover, administrators and school directors need to rediscover their reverence for the Separation of Church and State.  


 
This is one of the bedrock principles on which our nation was founded.  
 

Find your courage to stand up to religious organizations demanding you shred your morals and responsibilities to everyone in the community. 


 
If you value religious freedom, practice what you preach. 
 


Or get ready for an After-School Satan Club in your neighborhood. 


Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

Finally! PA Court Rules Unfair School Funding is Unconstitutional! 

Welcome to Pennsylvania, where a common-sense judgement takes 8 years in court


 

And regressive Republicans respond with more illogical nonsense. 

 
A judge in Commonwealth Court finally ruled this week that the state’s school funding system violates the state constitution.  

 
It took school districts, parents, and advocacy groups banding together to file the lawsuit back in 2014, but it was really kind of a no-brainer. 

It basically comes down to whether you can provide a mountain of funding to rich kids while throwing a few pennies at poor kids.

Spoiler alert: You can’t.

The reason? The state Constitution guarantees a “thorough and efficient system of public education to serve the needs of the Commonwealth” – and cake for rich kids while poor kids get crumbs just isn’t thorough or efficient or meets the needs of the Commonwealth.

The problem is that the state funds schools based heavily on local taxes – so rich neighborhoods can afford to pile on the monetary support while poor ones do the best they can but fall far short of their wealthier counterparts.

If the state paid more of the cost of educating Commonwealth children, this would be less of an issue. But Pennsylvania is 43rd in the country when it comes to the share of revenue for local school districts that it pays.

The result is one of the biggest spending gaps between rich and poor kids in the nation.  

Judge Renée Cohn Jubelirer, a Republican, ruled that this was discrimination. In short

“…the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts… 

The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective…

[Therefore] Petitioners and students attending low wealth districts are being deprived of equal protection of law.” 


 
Unfortunately, no mention was made in the nearly 800-page ruling of exactly how to fix the problem. 

The trial began in November 2021 and lasted more than three months. You’d think the judge had time to toss off a line or two about what to do next, maybe that it’s up to the state to take up the slack or something.  


 
But no. 


 
Which leaves room for right wing creeps like the Commonwealth Foundation to crawl out from under a rock and give their own nonsense solution.


 
Enter Nathan Benefield, senior vice president of the Harrisburg based conservative and libertarian think tank that pushes for the destruction of any common good – especially public schools


 
Benefield wrote a response to the ruling praising it for leaving the legislature and executive branch to find a solution, rather than “mandating more money to a broken system.” 

Um, Benefield? Buddy? It’s broken mostly because we haven’t paid to keep it in good repair.

But he goes on…

“The only way to ensure that ‘every student receives a meaningful opportunity’ is for education funding to follow the child. Students that are trapped in their zip-code assigned school — especially in low-income and minority communities — often have no alternatives when their academic or social needs are unmet.” 

So the solution to not having enough money is more choice!?

I can’t afford to buy breakfast. Having a choice between raisin bran and pancakes won’t make a difference. I CAN’T AFFORD EITHER ONE!!!!

If every district received fair funding, it wouldn’t matter what your zip code is anymore. That’s the whole freaking point!

But look for neofacists and libertools to start spouting this kind of rhetoric at every turn now that they can’t hide behind the old excuse that it’s somehow fair to steal poor kids lunch money and give it to rich kids.

The next step is not entirely clear.

Some think it likely that the state will appeal the decision to the Pennsylvania Supreme Court. 

However, they would have a pretty weak case if they did, said Maura McInerney, an attorney for the plaintiffs.

“The record is very, very clear that local school districts are not adequately resourced,” she said. “I think it would be extremely difficult to be successful on appeal.” 

Judge Jubilerer wrote in her ruling that she hoped everyone would work together now to find a solution:

“The Court is in uncharted territory with this landmark case. Therefore, it seems only reasonable to allow Respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.” 

It may sound naive, but it’s happened in other states – specifically New York and New Jersey. 

A suit filed in 2014 in New York argued that the state never fully funded a 2007 Foundation Aid program. The program was supposed to consider district wealth and student need in order to create an equitable distribution of state funding. 

The Empire State settled in 2021 and is now required to phase-in full funding of Foundation Aid by the 2024 budget. 

New Jersey tackled the issue way back in 1981. A state court ruled officials had to provide adequate K-12 foundational funding, universal preschool and at-risk programs. 

This made New Jersey the first state to mandate early education. The state also undertook the most extensive construction program in the country to improve the quality of school buildings in impoverished neighborhoods, according to the Education Law Center. 

Could such sweeping reforms be coming to the Keystone state?

“For years, we have defunded our public schools at the expense of our students,” said state Sen. Lindsey Williams (D- 38th district), who is the minority chair of the PA Senate education committee. “[The ruling] is game-changing for our students across the Commonwealth.” 

Sen. Vincent Hughes of Philadelphia, the ranking Democrat on the state Senate’s Appropriations Committee, said the state can afford a big boost in aid to the poorest schools right now because we have billions of surplus dollars in the bank. 

This is exactly what is needed.

During the trial, plaintiffs presented evidence that schools are underfunded by $4.6 billion, an estimate that they said does not account for gaps in spending on special education, school buildings and other facilities. 

 Some organizations like PA Schools Work are calling on legislators to act now by adding approximately $4 billion in Basic Education Funding. They even suggest the increase be at the rate of one billion per year over the next four years to make it more feasible. Finally, they propose this money be distributed through the Fair Funding Formula and the Level Up supplement so that it is more equitably distributed to districts in need.

To make matters even more complicated, the state uses an “outdated” formula to calculate how to allocate school funding.  

The legislature developed a new formula based on enrollment numbers and how much it costs to educate students who are living in poverty, English language learners, or have an Individualized Education Plan (IEP).  However, a large chunk of money isn’t distributed using that new formula.

The way I see it, the Commonwealth has a lot of education funding issues to fix.

Hopefully, this ruling finally means we’ve stopped arguing over whether a problem exists and can start focusing on how to solve it.

That, itself, would be a huge victory!


 

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

I Will NOT Lead My Students in Prayer and Neither Should You

As a public school teacher, I have a responsibility not to bully my students into believing as I do.

In fact, I go out of my way to respect their right to form their own opinions – to think, not just to accept what they’re told.

The US Supreme Court apparently has no idea how this works.

The six Republican members (I refuse to call them justices) paved the way for organized prayer in public schools by ruling this week in support of a high school football coach who lead his team in prayer on the field.

Anyone who has ever been in the minority knows that when an authority figure leads students in an activity, it is not optional – no matter what they say.

I know this from personal experience.

When I was in elementary school, I was one of a handful of Jewish kids in a building of mostly Catholics, Methodists, Presbyterians, etc.

In December, the kids were preparing for a choral concert where we’d sing a slew of holiday songs.

I loved to sing and enjoyed Frosty the Snowman, Jingle Bells and all the other classics…

Except one – Silent Night.

I just didn’t feel right singing things like “Round yon virgin mother and child” and “Christ the savior is born.”

So when we practiced that song, I’d stop singing.

I’d enthusiastically belt out all the other tunes, but I just stood there when it was time for Silent Night.

I didn’t think it would make a difference. There were hundreds of others kids. No one would notice me.

But the choral teacher did.

She pulled me out of line and demanded to know why I wasn’t singing. I told her I was Jewish and didn’t want to sing that song.

She chided me for making everyone else look bad and told me to just move my mouth during the song so it looked like I was singing.

I didn’t want to do that. I didn’t want people to even THINK I was singing things I didn’t believe.

It’s not that I really accepted Santa and his reindeer, either, but this was somehow different. I didn’t want my parents to go to the concert and see me participating in this farce. I didn’t want to be forced to go onstage and before everyone profess the opposite of all I had been taught – to declare myself other than what I really was.

But the other kids were right there listening to this whole conversation and giggling. It was yet another way I was being marked as an outsider, as different – so I gave in and did what she demanded.

In retrospect, I now know I could have complained to my parents and gone to the principal and we could have even taken the matter to court like the aforementioned coach.

However, when you’re a little kid in elementary school you usually just listen to what the adults tell you to do. At least I did.

It took me decades to get over it. Really.

Whenever that song would come on the radio or I’d hear it in a department store, I’d get all tense and upset. Like something had been stolen from me.

So it was with some trepidation many years later that I attended my daughter’s first winter concert when she was in elementary school.

It was with some relief that I noticed no holiday songs like Silent Night. They were all pretty secular and even multicultural.

And my daughter goes to the same district I went to as a child.

We’ve come a long way in the past three decades.

By and large, public school teachers today make an effort not to force their ways onto their students.

It’s a lesson I take to heart, myself, in my middle school classes.

When we discuss things – as you must in Language Arts – I encourage students to agree OR disagree with me or anyone else. Either option is okay so long as they try to explain why they think the way they do.

Moreover, I encourage them not to just speak but to also listen to what their classmates have to say and even be open to revising their original thoughts based on what they’ve heard.

And this includes discussions of religion.

When something Biblical or theological comes out of a book like “To Kill a Mockingbird” or “The Outsiders,” we give it our full attention.

I tell my kids that they can say or think whatever they want about it. If they want to talk about God or religion, that is fine. It’s just me who is constrained. I am not allowed to give them my own opinion on these matters.

Often I tell them that this isn’t necessarily what I believe, but I’ll propose one idea or another to get them thinking.

I remember one year my students were particularly interested in religion, and they complained that they couldn’t pin me down on anything – they couldn’t tell if I was religious or an atheist.

And that’s how it should be.

Kids have never been forbidden from talking about God or praying in school.

It’s just that teachers have been forbidden from telling them what to think or leading them in prayer.

Until now.

However just because an increasingly illegitimate Supreme Court makes a regressive ruling doesn’t mean teachers have to change.

Even if we CAN lead kids in prayer, that doesn’t mean we SHOULD.

I don’t plan on altering a single thing in my classroom, and I don’t think my colleagues should, either.

But there are 3.2 million teachers in public schools. There are bound to be some who will use this ruling as an excuse to give in to their worst tendencies.

So here’s what I suggest we do.

We should not coerce our students to do anything, but we damn well can and SHOULD pressure our colleagues not to indoctrinate their students.

Principals should give crappy assignments to teachers who break this taboo. Keep them away from students if at all possible. After all, they don’t belong in the classroom if they’re going to misuse the trust students have in them.

Teachers should give them the cold shoulder in the faculty room and at the copier.

Want to borrow my grammar unit? Not if you’re going to subject your classes to your faith and encourage them to follow along.

Consenting adults can do what they like on their own time, but this is public school.

When it comes to undue influence, inculcation and alienation of kids who are different, we cannot be bystanders.

We may not have dark money and Christian Nationalists behind us, but until we have a rational Supreme Court to overturn this decision or a Congress with enough guts to codify freedom from religion into law, teachers still have some modicum of power.

We should use it to protect our children.


Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

Back to the Past with the US Supreme Court 

“Daddy, are gay people not allowed to get married?” 

My daughter was looking at me in confusion as we sat together on the couch watching an old episode of “Top Chef.” 

In Season 6, episode two, the chefs were asked to cook for a bachelor party. One of the contestants, Ashley, was indignant that she had to participate in a challenge centered on  marriage when she, herself, couldn’t marry another woman.  

I was surprised.  

It hadn’t occurred to me that the show was so old. It first aired in 2009. Was that really so long ago? 

We’ve only had marriage equality in all 50 states since 2015. That’s just seven years ago.  

So I explained to my daughter that gay people can marry today, but that it wasn’t always the case.  

My 13-year-old thought the idea that people couldn’t marry whoever they wanted to was just too crazy to be believed. And I agreed. 

It was later that night that I read the article in Politico about Roe v. Wade.  

Apparently, the landmark 1973 decision that expanded access to abortion nationwide is about to be overturned by the Republican majority on the Supreme Court. 

Some folks are even speculating that this could mean the roll back of similar rulings such as ones allowing same sex marriage and even interracial marriage.  

What the heck!?  

Did I just sleep through a monologue by Rod Serling?  

I’m still seeing things in color but they’re starting to feel very black and white.  

These are issues of settled law.  

Roe v. Wade is older than I am. Women have been able to terminate unwanted pregnancies for my entire life and the world hasn’t come to an end. In fact, if you read about what life was like before this decision, things have improved.  

Women have freedom over their own bodies. They aren’t trapped by the Catch 22 of whether to submit to a forced birth or risk their lives with a back alley procedure.  

I remember having a similar moment of cognitive dissonance as my daughter did when I was in high school.  

I read the book “An American Tragedy” by Theodore Dreiser and was shocked at what life was like in the 1920s before women had such freedoms. In the book, a couple get pregnant and have to choose between an unwanted marriage while raising an unwanted child or a black market abortion and the freedom to move on. When they can’t agree, the protagonist, Clyde, murders the poor woman.  

At the time, the whole situation seemed entirely quaint. It was a series of arguments, examples, and counter examples on an issue that had been decided long ago.  

That anyone could think differently struck me as absurd.  

In my high school public speaking class, we debated the issue. I argued in favor of reproductive rights, and a girl I had a crush on argued against them. 

She was certainly passionate about the rights of the unborn. But she seemed startlingly unconcerned with the rights of the already born.  

She wasn’t concerned about the child’s welfare or even the rights of a woman to make decisions about her own body – assuming those decisions were different than those my crush might make for herself.  

As I got older, I met others who felt the same way. For them the guiding principle was a religious fairy tale that didn’t even connect with the Bible but instead some fundamentalists view of gender politics.  

That’s fine if you want it to be the deciding factor in your own life, I guess. But leave the rest of us out of your faith-based world view. 

That such folderol is actually being considered by the highest court in the land is hard to believe. 

This is not the future I imagined back in high school when it occurred to me that I’d probably live into the sci-fi era of the 2000s.  

It’s more like getting stuck in Doc Brown’s Delorean and sent back to the past.  

And that’s exactly what it is.  

So-called conservatives want to return us to a mythical time when all was good with America.  

It says so on their precious red hats.  

But things were never that good in America for most people – unless you were white, Protestant and male. 

Let’s cut to the chase. None of this really is about stopping abortions. (If that was the concern, we’d be talking about free birth control, neonatal care and making a better world to raise children in.) Nor is it about safeguarding marriage between a man and a woman – or a white man and a white woman.  

It’s about strengthening white supremacy. It’s about bolstering the patriarchy.  

This is politics – pure politics.  

And there is a political solution.  

As Sen. Bernie Sanders has already suggested, Congress can codify reproductive rights into the law. There’s nothing the courts could do about it then.  

Democrats have a majority in both the House and the Senate and we have the Presidency.  

If we can’t get 60 votes in the Senate (and we probably can’t) we can end the filibuster and pass it with 50 votes. 

I hope with all my heart that we do this.  

I will push and organize and protest and electioneer. But I fear it will not be enough. 

Just making it to this regressive moment in time seems to indicate that our system is too broken to be fixed that way. 

This is not the world I wanted for my daughter. I fear it is the world she will have to fight to overcome.  

The battles of our grandparents have become our inheritance to our posterity.  

They deserve a much better world.  

But all we seem to have for them are reruns. 


Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

 

An Originalist Reading of Public Schools

Let’s say you went to a restaurant and ordered a big ol’ meat sandwich only to find nothing but straw between two pieces of bread.

“Waiter!” You say, calling over a server.

“What’s wrong, Sir?”

“There’s no meat in my sandwich.”

“Oh, Sir?” He says smiling, examining your plate. “Here at Scalia’s Bar and Grill we adhere to a strict originalist interpretation of language.”

“What does that have to do with my sandwich?”

“Well, Sir, in Old English ‘meat’ meant any solid food, anything other than drink. As in ‘A Journey to the Western Islands of Scotland’ (1775), Samuel Johnson noted, ‘Our guides told us, that the horses could not travel all day without rest or meat.’”

“But that’s not what I ordered!”

“Oh yes it is, Sir. You ordered the meat sandwich. Enjoy your fresh hay and oats.”

In everyday life, you wouldn’t put up with that kind of nonsense.

But for some reason, far right ideologues think it’s exactly the right way to interpret the U.S. Constitution.

The meanings of words change over time.

But ignoring that fact allows disingenuous crackpots to sweep over centuries of judicial precedent in favor of what they pretend to THINK the words meant at the time the law was written.

It’s not even about what the writers of the law SAID it meant. It’s about what today’s justices decide some hypothetical average Joe of the distant past would take certain words to mean.

The most obvious example, according to Pulitzer Prize winning historian Joseph Ellis, is District of Columbia v. Heller, 554 U.S. 570 (2008), which reversed 200 years of precedent on gun regulations.

Before this ruling, the Second Amendment was interpreted to be referring only to service in the militia. The Militia Act of 1792 required each able-bodied male citizen to obtain a firearm (“a good musket or firelock”) so he can participate in the “well regulated militia” the Amendment describes.

It was about the obligation to serve your country, not the right to own a gun. However, Supreme Court Justice Antonin Scalia – the most infamous proponent of judicial originalism – orchestrated the majority opinion in this case changing all that. By doing a thought experiment about what words might have meant in the 1700s, he papered over two centuries of established law. He was so proud of it that he even described it as “my masterpiece.”

THAT’S judicial originalism.

And now that Scalia fanboy and federal judge for not even three whole years, Amy Coney Barrett, is being rammed through Senate Confirmation Hearings, that preposterous ideology is about to have another proponent on the highest court in the land.

Just imagine if we interpreted everything like people living in the 18th Century!

Black people would lose any semblance of equal rights even being forced back into slavery.

Women couldn’t get checking accounts, their own healthcare, make decisions about their own bodies, even vote (least of all hold positions on the Supreme Court).

And our public schools wouldn’t even exist!

After all, there was no widespread, comprehensive system of public education in the country before John Dewey championed it in the 1930s.

Sure, Presidents Washington, Adams, Jefferson and Madison all spoke at length about the importance of education to a free and just democratic society.

But remember, originalists don’t care about the writer’s intent. They only care about what regular people would understand by the terms. And regular people wouldn’t even understand the words “public” and “school” used together as a single concept at the time.

The first school that opened in what would become the United States was The Boston Latin School in 1635.

Its mission, and that of other colonial schools, was not to teach academics like math and literacy. It taught religion, family values and community spirit kind of like many parochial schools today.

Moreover, most schools were for boys only. If they deigned to teach girls at all, they taught them how to read but not write. No reason to give people a voice who weren’t seen as worthy of being heard.

Academics didn’t become something schools were responsible for until the mid-1800s. And even then, how they went about achieving it differed greatly from region to region of the country.

In the South, education rarely had anything to do with anything we’d call a school today. Rich families paid private tutors for their children. Everyone else was expected to work as soon as they were able.

In fact, it wasn’t until the Civil War ended and the Reconstruction era began when public schooling really became a thing in the South.

And even when it did, it didn’t look much like our schools of today. These were often one-room schoolhouses where a single teacher tried to educate children of various ages, grades and abilities.

Moreover, these schools weren’t solely supported by taxes – if at all. These Common Schools were more like private or parochial schools of today. Parents paid tuition, provided housing for the teacher, or contributed other commodities in exchange for their children’s education.

Even then, the learning students received wasn’t nearly as comprehensive as our kids routinely expect in even the most under-funded urban public schools today. And special education services was non-existent. Kids with special needs were routinely left out of education altogether.

Only 31 states passed laws requiring children to go to school by 1900, and kids only went from age 8-14. It wasn’t until 1918 that every state even required elementary school.

But let’s not forget segregation.

It was the law of the land until Brown vs. Board in 1954, and even then it took until the late 1970s to become even moderately enforced.

Subsequent rulings have weakened school integration efforts to such a degree that today many districts are as segregated – if not even more – than they were in the 1950s.

Just imagine if Barrett gets together with the wingnut Republican majority on the court to reevaluate that ruling!

Imagine how many centuries of slow progress she could overturn by appealing to the common man – of 1776.

Imagine if she and the regressive right examined free speech cases! After all, many of these laws were written during the time of the Adams Administration’s Alien and Sedition Acts which radically cracked down on free expression.

We could expect a rush to return to the mire and muck that many of our enlightenment heroes were trying to escape in the first place.

But originalists like Barrett claim only they can interpret what the language in these laws originally meant. Yet their training is in law, not literacy or antiquity. They’re not linguists or historians. They don’t have some shortcut to what people used to mean by these words. They’re just playing with the language to make it mean what they want it to mean so they can rule however they so choose.

Even if they could figure out the original meaning of the words in these laws, that doesn’t guarantee it would make sense in today’s world. How, for example, do the founding fathers views on medicine have anything to do with today’s healthcare system that didn’t exist in the 1700s and that the founders couldn’t even comprehend? How do the founders views on gun rights relate to today’s firearms when they knew only of muskets and not automatic weapons?

Finally, why should we give preference to antiquated ideas over modern concepts? The laws of yesteryear may have been suited to the days in which they were written. However, if a law cannot grow to encompass the world as it exists, it has no right to continue to exist.

Judges are not supposed to overturn precedent based on lingual folderol. They’re supposed to uphold the law based on logic, reason and sound judgement.

Any judge that disagrees has no place in our courts.

It’s ironic that such degeneration would come from the Republican Party.

After all, the GOP platform is certainly different today than it was when Abraham Lincoln was sworn in as their first President.

They used to stand for abolitionism, immigrant rights and progressive values.

Now they’re the party of plutocrat neofascist Christian fundamentalism.

If anything were to revert back to its original meaning, I wish it were the Grand Old Party, which is now neither grand, barely a party and merely old.


Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

R.I.P., R.B.G. – The Lesson She Lived

“I ask no favour for my sex. All I ask of our brethren is that they take their feet off our necks.”

US Supreme Court Justice Ruth Bader Ginsburg

There are few people known for their whole name – first, middle and last.

Even fewer known just for their initials.

And maybe no other white, Jewish, woman in history to be christened with an honorific reminiscent of martyred rap royalty.

But Ruth Bader Ginsburg was all that and more.

R.B.G.

The Notorious R.B.G.

Let it never be said that she was given that title out of public relations or pique.

No matter where you stood, she earned the designation “notorious.” Because she WAS. In nearly everything she did.

Whether it was issuing the dissenting opinion on Bush v. Gore or lifting weights in a blue sweatshirt emblazoned with the words, “SUPER DIVA,” she was in your face and indomitable.

She was an icon, a pioneer, a living piece of “that strength which in old days moved earth and heaven,” as Tennyson might say.

And though she made her most indelible mark as a Supreme Court Justice, in a 2018 documentary about her life, RBG, she said she felt like a teacher:

“I did see myself as kind of a kindergarten teacher in those days, because the judges didn’t think sex-discrimination existed. One of the things I tried to plant in their minds was, ‘Think about how you would like the world to be for your daughters and granddaughters.’”

She did eventually teach law at Columbia University where she enumerated the changes in sexual discrimination litigation throughout her career. While in private practice, she won five cases involving women’s rights before donning the Supreme Court robes. At the time, she was quoted in Time magazine as saying her strategy was to “attack the most pervasive stereotype in the law – that men are independent and women are men’s dependents.”

To live at the same time as such a figure is not that uncommon.

We’re often surprised to read obituaries of great historical heroes we hadn’t known were still alive until their passing.

But that such a model was still WORKING, still doing that for which she had built her reputation, still holding together the fragments of our system as it threatened to crumble! That was truly amazing.

She was there. STILL there. For all of us.

Working well into her 80s through colon cancer, pancreatic cancer and lung cancer.

And now she’s gone.

It’s hard to fathom.

This is the horror story we’d been warned about every election season for as long as I can remember. This is the nightmare scenario used to shepherd the Democratic flock together, to keep us all under one big tent while lightning flashed and thunder raged.

And it is here. Now. Today.

I never met Justice Ginsburg. Never talked with her. Never had the honor.

But I don’t think she accepted being used in this way. After all, if her biggest concern was the Chief Executive or even Congressional politics, she could have stepped down near the end of President Barack Obama’s first term and been replaced.

Or could she?

Perhaps she had to rethink her own retirement plans after the whole Merrick Garland affair when Senate Republicans refused to even discuss Obama’s Supreme Court nominee in the wake of Justice Antonin Scalia’s sudden death a full nine months before the election.

There’s no way to know for sure.

But given Ginsburg’s record of tenacious dissent in the face of injustice, I can’t imagine her counseling moderation as solidarity.

She stood for justice when no one else would.

That’s what she did!

In 2007, her dissent in a case involving Lilly Ledbetter – a supervisor for Goodyear Tires – was so compelling it sparked the passage of the Lilly Ledbetter Fair Pay Act. She literally explained why the court was wrong and that this was a case of discriminating against women in employment, and that led to a change in the law two years later!

In 2013, when the court all but struck down the 1965 Voting Rights Act, her dissent was equal parts logic, prophecy and prescription. The majority of the justices made the bizarre argument that the Voting Right Act – and one of its features, known as “preclearance” – had already solved voter suppression.

Ginsburg responded:

“Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

When she read the dissent aloud in court, she went beyond her written remarks quoting Dr. Martin Luther King, Jr.: “The arc of the moral universe is long, but it bends toward justice.” Then she added that it only bends that way, “if there is a steadfast commitment to see the task through to completion.”

Her remarks about what would happen in the wake of this decision have largely proven true with waves of voter suppression sweeping the country – especially in areas where this would have been impossible had the court ruled differently.

There’s a lesson here for all of us.

Dissent should not be dismissed as divisive.

In the presence of injustice, it is the only proper response.

When refugee children are being locked away in cages at the border, there is no other viable response than dissent.

When police are being militarized and used as thugs to violently put down largely nonviolent protests, there is no appropriate response other than dissent.

When the President is lying to us, flouting our laws, and Congress refuses to hold him accountable, there is no other response than dissent.

We must all have the courage of the Notorious R.B.G. to stand up against injustice and call it by its true name – even to its face.

This doesn’t necessarily mean that doing so will somehow be enough to dismantle that injustice.

But we have to try.

And even if we don’t succeed today, we will have saved ourselves from becoming a part of the injustice around us.

Just days before her death, Ginsberg told her granddaughter, Clara Spera:

“My most fervent wish is, that I will not be replaced until a new president is installed.”

If Republicans retreat from their own precedent and push through a new justice 47 days or less before the election, there are still things we can do.

We can fight like Hell to get rid of the worst President in American history, Donald J. Trump, and elect Joe Biden. We can vote like our lives depend on it to get a progressive majority in Congress.

And when we win, we increase the number of justices in the Supreme Court and pack them full of progressives.

We undo all the chicanery Republicans have done for decades – end the filibuster, make Puerto Rico and DC states, end gerrymandering and pass a new Voting Rights Act that actually protects the most important principle of our system of government – the one without which our system is nominal at best.

This and more is the dissent we must wage.

They give us injustice, we respond with its opposite.

We must look this fetid, decaying nation in the eye and say with all the ferociousness of our fallen Supreme Court Justice:

I dissent!

I dissent!

I dissent!


 


Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

Do NOT Play Russian Roulette with Our Lives – No In-Person Schooling During a Pandemic

Screen Shot 2020-07-06 at 11.41.55 AM

 
Are you responsible for gambling with another person’s life?

 

The Pennsylvania Supreme Court says “yes.”

 

Back in 1947, James Malone, 17, and William Long, 13, played a version of Russian Roulette during a sleepover.

 

Malone stole a revolver from his uncle and Long sneaked into his father’s room and got a bullet.

 

They put the cartridge in a chamber, spun the cylinder and then took turns pointing the gun at each other and pulling the trigger. On the third try, Malone put the gun to Long’s head, pulled the trigger and the gun fired, killing Long.

 

Malone was convicted of second degree murder even though he said he hadn’t intended to kill his friend.

 

The case, Commonwealth v. Malone, eventually went to the state Supreme Court where justices upheld the conviction.

 

They ruled:

 

“When an individual commits an act of gross recklessness without regard to the probability that death to another is likely to result, that individual exhibits the state of mind required to uphold a conviction of manslaughter even if the individual did not intend for death to ensue.”

Lawmakers and school administrators better pay heed to this and similar nationwide decisions.

 

Reopening schools to in-person classes during the COVID-19 pandemic is tantamount to Russian Roulette with the lives of students, teachers and families.

 

Every day with this virus in the physical classroom is like spinning the cylinder and pulling the trigger.

 

You might survive, but every time you enter the building your chances of getting sick increase until the law of averages will come for someone… perhaps many someones.

 

The safest course is to continue with distance learning in the fall despite the numerous academic problems with that method of instruction.

 

With Coronavirus cases rising by about 50,000 a day in the United States, there is simply too much virus out there to ensure anyone’s safety in the physical classroom.

 

Students inevitably will get sick and spread the disease to adults – teachers and their own families.

 

We can’t take such chances with people’s lives.

 

But don’t just take my word for it.

 

Decisions makers are taking the possibility seriously enough to try to change the laws to reduce their liability.

 

They want to ensure they won’t end up in court if they reopen schools and people get sick.

 
In May,Senate Majority Leader Mitch McConnell called for schools to be legally protected from lawsuits that could arise due to resuming classes.

 

Along with fellow Republican Senator John Cornyn, McConnell proposed new liability laws protecting schools and businesses from Coronavirus-related lawsuits.

 

McConnell told reporters:

 

“Can you image the nightmare that could unfold this fall when K-12 kids are still at home, when colleges and universities are still not open? That is a scenario that would only be further aggravated in the absence of some kind of liability protection that reassures school administrators that they can actually open up again… Without it, frankly that’s just not going to happen as soon as it should have.”

 

The Kentucky Senator went on Fox News in late April saying that such legal protections would be necessary for Republicans to even consider any new Coronavirus relief bills.

 

And it’s not just lawmakers. In May, 14 college presidents from around the country teleconferenced with Vice President Mike Pence and U.S. Education Secretary Betsy DeVos asking for the same thing.

 

According to those who were either on the call or were knowledgeable about the conversation, the college presidents said they needed to know their institutions would not get sued if people got sick – which they thought was almost a certainty.

 

One way the federal government can help “is to have some kind of liability protection,” said University of Texas at El Paso president Heather Wilson, who was on the call. Wilson is a former Republican congresswoman from New Mexico.

 

Big business is also calling for liability protection. Groups like the U.S. Chamber of Commerce have been asking to be freed during the pandemic from being held liable if workers, customers or others get sick on their property. Notably, a lawyer for Texas Christian University told senators such a situation is “foreseeable, perhaps inevitable.”

 

All of which begs the question of what we mean by safety.

 

Is it our responsibility to make sure customers, workers, students and teachers are safe from the virus? Or is it our responsibility to make sure businesses and schools aren’t sued for taking chances with our lives?

 

There are things we can do to increase safety.

 

We should not reopen schools until the county where it is located reports zero new Coronavirus cases for two weeks. That would be taking safety seriously.

 

And it shouldn’t be too much to ask because other countries have been able to do such things.

 

Other nations have been able to test for the virus and identify those who have the disease. They have been able to trace these people’s contacts and isolate them from the rest of the population.

 

But that requires a vast expansion of our testing ability through coordinated federal action.

 

The problem is our lawmakers don’t care enough to do this.

 

Nor are they willing to provide us with federal relief checks, personal protective equipment (PPE), protection from evictions, and universal healthcare so that were can weather the storm.

 

It’s much easier to protect business from consumers and protect schools from the kids, teachers and families who make up the community.

 

Some will say the danger is overblown.

 

Children, in particular, are less susceptible to COVID-19 than older people.

 

And while it’s true that young people have shown fewer symptoms and include the lowest numbers of deaths, this virus has been around barely more than a year. We simply don’t know much about it and its long term effects.

 
A recent study from the journal the Lancet found that teenagers are just as susceptible to the disease as older people.

 

 

Researchers found few children 5-9 (the youngest included in the study) who had contracted the disease but those ages 10-19 were as likely to contract it as people ages 20-49 – and more likely than adults older than that.

 
So even if young people remain mostly asymptomatic, it is entirely possible they can spread the disease to older people who have a more difficult time fighting it off.

 
The only consensus about children and COVID-19 is that we don’t know enough about how it affects young people.

 

 

We certainly don’t want to end up like countries that have opened schools too quickly with too high infection rates.

 
In May, two weeks after Israel fully reopened schools, there was a COVID-19 outbreak. There were at least 130 cases at a single school. Students and staff were infected at dozens of schools causing a rash of renewed closings.

 
We should not be taking chances with schools.

 
Any action comes with some level of risk, but we should err on the side of caution.

 

 


Our government needs to serve us.

 
Representatives who do not serve our interests need to be sent packing.

 

And anyone who gambles with our lives needs to be held liable.

 

Anyone who demands we place our heads against the barrel of a loaded gun as a prerequisite to jump start the economy, needs to be held responsible for that decision.

 

The chances of dying during the first round of a game of Russian Roulette using a standard six-shot revolver is 1/6. With each pull, the chances increase – 1/5, 1/4, etc.
The average number of consecutive pulls before the gun fires is 3.5.

 

We know more about that than the Coronavirus.

 

In effect, we don’t know how many chambers are loaded, but we know there are bullets in the gun.

 

There are too many hidden factors to be able to say for sure what our chances are exactly. And in the presence of such ignorance, we should assume the worst.

 

That’s exactly what decision makers are doing by trying to protect themselves from responsibility.

 

We should take that as seriously as a loaded gun put to our temples.


 

 

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

Patreon+Circle

I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

book-2

Dear Non-Voters, Your Country Needs You

Voting.

 

Four in 10 Americans who were eligible to vote in 2016 didn’t do so.

 

That’s some 92 million U.S. Citizens.

 

These people weren’t purged from the polls.

 

They weren’t barred from voting.

 

They just didn’t bother.

 

So, the way I see it, the responsibility for President Donald Trump rests with you.

 

The United States has a Reality TV Show clown in the oval office.

 

He is a dimwitted narcissist who panders to racists, sexists and xenophobes to stay in power.

 

He is an incurious liar who constantly trolls the media and the public.

 

He is an admirer of dictators and fascists across the globe with no qualms about enriching himself and those like him at the expense of you and me.

 

Everyday he provides aide and comfort to anti-American regimes from Moscow to Riyadh by diminishing our international stature, withdrawing us from treaties and contracts, leaking sensitive information and otherwise pursuing foreign interests over those of American citizens.

 

And that’s before we even begin to examine his colossal impact on human rights – emboldening terrorists and white supremacists while his own administration throws children in cages and forcibly separates them from their families.

 

This is on you, non-voters.

 

You did this.

 

A democratic republic is like any other machine – it only functions properly if all of its parts are working.

 

You can’t have majority rule when 40% of voters shirk their duty.

 

A study by the Pew Research Center found that not only were non-voters likely to be younger, less educated, less affluent, and nonwhite, but 55% of them were Democrats and Democratic-leaning independents.

 

Screen Shot 2018-10-26 at 3.23.58 PM

 

If more non-voters under the age of 30 had gotten their acts together in just a few swing states, we wouldn’t all be living through this national nightmare.

 

So if you think voting doesn’t make a difference, look around.

 

Look at your bank account for instance.

 

Wonder why your wages continue to stagnate while the rich pocket more and more of the economy?

 

Look at your neighborhood. Wonder why our schools, roads, bridges and other public services are crumbling into disrepair?

 

It’s because you didn’t vote.

 

I’m not saying everything would have been great under President Hillary Clinton. But Trump sets an awfully low bar for competency.

 

 

You think your vote doesn’t matter?

 

Republicans disagree with you.

 

They aren’t working overtime to stop people like you from voting because it makes no difference.

 

Robert Kennedy put it this way:

 

“The most significant civil rights problem is voting. Each citizen’s right to vote is fundamental to all the other rights of citizenship and the Civil Rights Act of 1957 and 1960 make it the responsibility of the Department of Justice to protect that right.”

 

Our courts have given up that responsibility.

 

Since 2013 when the Supreme Court invalidated a key part of the Voting Rights Act, millions of people have been barred from casting a ballot.

 

The federal government used to require nine states with a history of racial discrimination to obtain federal approval before making such changes. Now that they no longer need to do so, between 2014 and 2016 there’s been a 33% increase in voter purges in these states.

 

This isn’t just cleaning the polls of the names of people who’ve died. It’s actively preventing people – especially the poor and people of color – from having their voices heard.

 

In Arkansas, thousands of voters were erroneously flagged in 2016 under the guise of removing people who had been convicted of felonies. In Virginia, voters were wrongly deleted from the rolls in 2013 under the excuse of removing people who allegedly had moved.

 

And this election cycle more than one hundred thousand Georgia voters were removed because they didn’t respond to a mailer or there was a typo on their registration form.

 

To make matters worse, the purge was overseen by Secretary of State Brian Kemp, a Republican candidate for governor. Since most of the people being removed from the polls are people of color, the poor and other Democrats or leaning Democrat voters, the move makes it harder for Democrat Stacey Abrams to challenge him.

 

Kemp and his Republican buddies wouldn’t be going through all this trouble if voting made no difference.

 

“Too many people struggled, suffered, and died to make it possible for every American to exercise their right to vote,” said civil rights icon and U.S. Senator John Lewis.

 

And people have died for the opportunity that millions of people decide not to exercise.

 

People like James Chaney, Andrew Goodman and Michael Schwerner, who were murdered in 1964 while trying to register black voters in Mississippi. People like Viola Liuzzo, who was murdered a year later by the Ku Klux Klan during the Selma march for voting rights.

 

When you willingly give up an opportunity that was purchased so dear, you disrespect the memories of the dead.

 

President Franklin D. Roosevelt put it like this:

 

“Nobody will ever deprive the American people of the right to vote except themselves and the only way they could do this is by not voting.”

 

Our country is under attack. Our very freedoms are on the line.

 

Will you be a willing accomplice by standing idly by and allowing these miscreants to defecate all over the flag?

 

Or will you take a stand, do your duty and vote!?

 

 

“Bad politicians are sent to Washington by good people who don’t vote.”

-William E. Simon

 


 

Like this post? I’ve written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

thumbnail_IMG_8249

Kavanaugh Confirmation Begs the Question – Does Truth Matter?

bs-ed-0711-brett-kavanaugh-confirmation-20180710

 

“The very concept of objective truth is fading out of the world. Lies will pass into history.”

-George Orwell

 

 

Does the truth matter?

 

It seems to be one of the central questions of our age.

 

We just held a Senate confirmation hearing for Brett Kavanaugh’s lifetime appointment to the Supreme Court.

 

And despite multiple women making credible allegations of sexual misconduct against him…

 

Despite an FBI investigation so grossly limited in scope that investigators couldn’t even interview either the accusers or the accused…

 

Despite the withdrawal of support from some of the most conservative organizations including the National Council of Churches representing more than 100,000 congregations, the magazine of the Jesuit religious order, and even former Supreme Court Justice John Paul Stevens…

 

Despite all that, the Republican majority gave their wholehearted approval.

 

 

Only Alaska Senator Lisa Murkowski bucked her party and voted against him – while Senator Joe Manchin of West Virginia was the only Democrat to vote for him.

 

 

The result was a forgone conclusion – a Republican majority who blatantly ignored any evidence and made a decision based purely on party politics.

 

Dr. Christine Blasey Ford testified in front of these people only a week earlier about a drunk Kavanaugh’s attempted rape when they were both in school.

 

She put her life, her security and her family’s happiness on the line to come forward. She still can’t return to her home after multiple death threats.

 

Yet those in power chose to ignore her.

 

They looked at the facts presented to them and chose to interpret them in a way that allowed them to do what they wanted to do in the first place.

 

Many said that they believed Ford was accosted but not by Kavanaugh.

 

Yet they refused to allow the kind of investigation that might have gotten at the truth.

 

These are not the actions of lawmakers interested in what happened all those years ago between Kavanaugh and Ford – or between Kavanaugh and multiple other women who they didn’t even give a hearing.

 

These are not the actions of lawmakers concerned about picking the best person for the job.

 

Instead, they are the actions of partisans who put power over objective reality.

 

They’d rather craft a story that fits their desires than the other way around.

 

It is craven, cowardly and disrespectful to their office and their charge.

 

This article began with a quote from George Orwell, author of 1984. Let me offer another:

 

“Totalitarianism, however, does not so much promise an age of faith as an age of schizophrenia. A society becomes totalitarian when its structure becomes flagrantly artificial: that is, when its ruling class has lost its function but succeeds in clinging to power by force or fraud. Such a society, no matter how long it persists, can never afford to become tolerant or intellectually stable.”

 

That is what happened here. A ruling class resorting to force and fraud to broaden its power.

 

 

Republicans already have control of two branches of government. Now they have stolen a third – a power grab that will echo down the halls of history for decades to come.

 

 

This is a senate majority representing fewer people than the so-called minority, lead by a President who lost the popular vote.

 

It is not democracy or a just republic. It is a coup.

 

 

As Orwell warns, when we ignore an inconvenient reality, we are on the road to totalitarianism.

 

 

It didn’t matter to those senators whether Kavanaugh was a blackout drunk, whether he still drinks to excess, whether he engaged in sexual harassment or attempted rape.

 

Heck. He could have attacked Ford on the floor of the Senate, itself, on live TV.

 

None of it would have mattered.

 

He was simply a means to an end – the increased power of the Republican Party and the donor class it represents.

 

GOP senators (and even Kavanaugh, himself) complained about dark money influencing the nomination process, yet the overwhelming majority of that money came from conservative backers!

 

They raved and foamed at Democrats for stalling the nomination yet refused to take responsibility for sabotaging Barack Obama’s nomination of Merrick Garland.

 

Instead they offered bad faith distinctions between what you can do during an election year vs. a presidential election year – as if it made any difference.

 

It is not just the spirit of the Constitution that lay in tatters on the Senate floor – but the fabric of reality, itself.

 

Thankfully, voters have an opportunity to have their voices heard in a few weeks.

 

We can take to the polls and let these people know how we feel about it.

 

Honestly, this may be our last chance.

 

I am absolutely devastated by these events.

 

I find myself at the ripe old age of 44 chiding myself for being naïve.

 

I watched the hearing as if it were a TV show or a Frank Capra movie. At the last minute, goodness will prevail.

 

That didn’t happen.

 

I, too, was blind to reality.

 

Well, the blinders are off.

 

Like so many of you, I am in mourning for a country that never really existed.

 

But the wake is in November.

 

Let’s hope it will be the start of a rebirth.

 


Click here to find ways to get involved in the November 6 midterm election.


 

Like this post? I’ve written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

WANT A SIGNED COPY?

Click here to order one directly from me to your door!

book-4

Brett Kavanaugh is the Link Between Rape and Abortion

brett-kavanaugh-blasey-ford-1538096510

 

I think I will always associate Brett Kavanaugh with the taste of vomit in the back of my throat.

 

I couldn’t watch his sham of a confirmation hearing without my gag reflex going into overdrive.

 

Here was one of the most privileged of people on the planet alternatively weeping and raging that he was being denied his due.

 

Here was a man bemoaning that no matter what happened, his reputation forever would be ruined, but who likewise refused to call for an investigation to exonerate himself.

 

At least three separate women have accused him of sexual assault, yet Congressional Republicans are still planning to ram through his nomination to the Supreme Court – a lifetime appointment where he will almost certainly be the tie breaking vote to overturn Roe vs. Wade.

 

How fitting.

 

What perfect symmetry.

 

You couldn’t have planned it any more poetically.

 

A man accused of multiple attempted rapes who is doing everything in his power to make abortion illegal.

 

An overgrown frat boy crying into his beer that we can’t take away his God given right to take away women’s rights.

 

A confederacy of almost exclusively male lawmakers ready to discount women’s reports of violence so that they can limit women’s freedom to make decisions about their own bodies.

 

If there is one good thing to come from this farce, it is the spotlight it has shown on the relationship between rape and the movement to recriminalize abortion.

 

These two things are essentially intertwined.

 

On the one hand, we have sexual intercourse carried out under threat of violence, sex without consent or in direct violation of consent – a crime invariably perpetrated by men on women.

 

On the other hand, we have the removal of female consent from the birthing process.

 

They are almost the same thing, or at least two sides of the same coin.

 

In both cases, we’re removing or ignoring female permission, agreement, approval, agency. We’re saying it doesn’t matter what the woman wants. It only matters what men or a patriarchal society wants.

 

And the justification is an ancient text – the New Testament – that doesn’t mention abortion once. And the Old Testament actually gives instructions on how to conduct an abortion (Numbers 5:11-31).

 

Not that it really should matter. The United States is not a theocracy.

 

But it IS a patriarchy.

 

That’s what this is – an attempt by the most insecure, power hungry men to control women.

 

It is about keeping and strengthening a caste system where men are allowed to be fully realized people and women are allowed only secondary status.

 

It is about dehumanization clothed in piety and false morality.

 

All those people crying for the lost lives of a cluster of cells in female uteruses care not a wit about the thousands of women who will die from unsafe abortions once safe procedures become unlawful.

 

We’ve been here before. Abortion was illegal in the US from the early 1800s until 1973, and we know what will happen. There is actual history on this – back alley procedures conducted by quacks using sharp implements to pierce the womb – and there is no reason to think it won’t repeat itself.

 

Changing the law won’t stop abortions. It will just make them unsafe for everyone except rich women who can afford doctors willing to take a chance on going to jail for a big payday.

 

If these people really wanted to stop abortions, they’d support handing out free contraception. They’d turn every orphanage into a palace. They’d each adopt as many children as they could. They’d make neonatal care free, expand services to help women raise children, increase maternity leave, pay for free childcare, expand education funding.

 

But they don’t do any of that because despite their crocodile tears, their objection has nothing to do with unborn children.

 

It has to do with mature women making decisions for themselves. It has to do with conceptualizing them as people equal to men and with minds capable of consent.

 

It’s about allowing women the right to choose – choose whom to have sex with and what exactly the consequences of that sex will or will not be.

 

I am so thankful that Dr. Christine Blasey Ford came forward with her testimony. What bravery! What grace under pressure!

 

To be able to share with an entire nation her personal trauma at the hands of Kavanaugh. Such courage boggles the mind almost as much as those who refuse to accept her story as genuine.

 

They say that this is political. That it’s a hit job. Yet they pound their fists onto their ears to drown out Kavanaugh’s words in self-defense where he makes it entirely clear how partisan he is and will be once he takes the bench:

 

“This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election. Fear that has been unfairly stoked about my judicial record. Revenge on behalf of the Clintons. And millions of dollars in money from outside left-wing opposition groups.”

 

These are not the words of a fair arbitrator. They are the ravings of someone with an axe to grind.

 

But they do well to point out the elephant in the room – Donald Trump.

 

The man who nominated Kavanaugh has had at least 19 women accuse him of sexual assault. He even admitted to it on video in the infamous Access Hollywood tape.

 

Yet a minority of Americans elected him President through a legislative loophole kept open by centuries of neglect, apathy and moneyed interest.

 

I don’t know how this all will end. The FBI will conduct a limited investigation this week – probably stymied as much as possible by the Trump administration.

 

But the road that lead us here is achingly clear.

 

This is a tantrum of the patriarchy.

 

It is the weakest, most twisted men and their Stockholm syndrome suffering accomplices.

 

It is not about defining when life begins.

 

It’s about defining who gets to count as fully human – who gets the freedom to choose.


 

Like this post? I’ve written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

WANT A SIGNED COPY?

Click here to order one directly from me to your door!

book-4