Same Sex Marriage

The Supreme Court and same-sex marriage

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Keep in mind that I’m not a lawyer and the news just broke. But it seems unlikely to me that the US Supreme Court would have taken up two key cases involving same-sex marraige just to rule narrowly on questions like standing. Which means at least four of the nine justices (and it could be a mix of liberal and conservative ones) think the Court should make a defining statement about marriage equality in the United States.

Courts are political. The Supreme Court is supremely political. That’s just reality. And ever since Lawrence v. Texas, the Court has been moving toward full acceptance of LGBT people:

The Supreme Court invalidated the Texas law but also went further by explicitly overruling Bowers – the significance of which was not lost on dissenting Justice Antonin Scalia, who presciently complained that the ruling “leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples.” Indeed it does.

And it’s hard to imagine that the Supreme Court could possibly, in 2012, make a broad statement against gay marriage. I just don’t see it happening. I think Scalia will fulminate, but a majority of the Court will rule in the spring that lesbian and gay people have a fundamental right to marry.

You read it here first.

UPDATE: HuffPo’s legal eagle disagrees with me, saying a pro-same-sex marriage ruling would be too “bold.” I think he’s wrong; the vast majority of Americans under 40 have no problem with same-sex marriage, and in a few years, anything other than a “bold” decision will look embarassingly dumb.

Is the tax revolt over?

46

The most optimistic piece I’ve read on the results of the November election is on Calitics, where Robert Cruikshank argues that the tax revolt that started with Prop. 13 in 1978 is finally over.

And while there is still a lot of work ahead to overturn the legal and constitutional legacies of the tax revolt, it no longer has political power. That in turn means the California Republican Party, and the California conservative movement, are as dead as Monty Python’s parrot.

That’s a pretty sweeping statement for a fairly modest tax package supported by the same governor who called himself a born-again tax-cutter in the wake of Prop. 13. But Cruikshank makes a good point:

This victory over the tax revolt happened because of years of progressive organizing against further tax cuts and for tax increases. Progressive voices and organizations completely rejected the post-1978 Democratic logic that the tax revolt had to be appeased. Instead, we insisted that the tax revolt had to be confronted and defeated. With Prop 30 that’s exactly what happened.

I know the Democrats in the Legislature are going to be nervous about more tax hikes, particularly since the two-thirds majority includes some folks from pretty conservative districts who are going to be scared of “overreaching.” But it’s not just about general tax hikes; we got one this year, and we may not get another. It’s about all of the long list of tax loopholes that art on the books that take a two-thirds majority to undo. It’s about a budget that includes addition as well as subtraction. And it’s about not being afraid to say that investment in the state has economic value.

Maybe the Dems don’t have to be afraid; maybe this two-thirds majority isn’t an anomaly and isn’t going to change. Maybe the state is getting so much more Democratic that supermajorities are the way of the future and people are sick of the GOP no-new-taxes nonsense. Maybe (as I’ve long said with same-sex marriage) it’s part of an inevitable demographic change:

Many of those angry white suburbanites convinced that people of color and their liberal allies were going to destroy their suburban paradise have left California, either by relocation or by the intervention of the Grim Reaper. In their place has grown up a native-born population that is diverse, that isn’t ideologically wedded to car-centric postwar suburbs, and that rejected the “I’ve got mine, screw you” mentality of Howard Jarvis.

In which case we really can start turning this state around.

D5 race displays key SF political dynamics

70

There’s so much to say about the District 5 supervisorial race, whose top five finishers’ parties I attended tonight, gathering interesting perspectives from each candidate. But given the late hour, I’m just going to run a few thoughts and quotes and save most of it for a more in-depth report tomorrow, because there’s a fascinating story to be told here.

Christina Olague, John Rizzo, and Julian Davis – respectively the second through fourth place candidates – each presented as more progressive than the likely winner, London Breed, who has an 8-point lead going into the final ballot tally and ranked choice tabulation. They and their allies raised concerns that renters were undermined by Breed’s victory in one of the city’s most progressive districts.

“It was a lie. I’m a renter, I live in a rent-controlled apartment,” she told us just before midnight outside in party at Nickie’s on Haight. “I will do everything to protect rent control. I will work with the Tenants’ Union. I’m here to be everybody’s supervisor.”

She pledged to work productively with all the progressive groups who opposed her, such at SEIU Local 1021, whose members “ take care of my mom at Laguna Honda,” while others are her friends.

“The pettiness of politics is over and it’s time to move forward,” Breed said.

It was a widely sounded theme among jubilant progressives tonight, but D5’s (likely) runner-up Olague sounded a bit of bitterness when we caught up with her a little after 11pm as she was leaving her party at Rassela’s on Fillmore. “The Left and the Right both came at me,” she told us.

She felt unfairly attacked by progressives after being appointed to the D5 seat by Mayor Ed Lee, saying her only bad vote was in favor of the 8 Washington luxury condo project, which Sup. Eric Mar also backed without losing progressive support. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Then, this fall, Mayor Lee’s people – chief of staff Steve Kawa, tech point person Tony Winnicker, and billionaire backer Ron Conway – turned on her after a series of votes culminating in the one to reinstate Sheriff Ross Mirkarimi, resisting what she labeled “a power play” aimed at progressives.

Yet she believes her key vote in favor of CleanPowerSF, coming after her support for Sup. John Avalos getting new revenue out of the business tax reform Prop. E, was really what turned Conway and the downtown crowd against her and attracted outrageous attacks that she condoned domestic violence and supported Big Oil.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said. “It’s not about disloyalty, it’s about power.”

Julian Davis was similarly deflective about his campaign’s fourth place finish, despite having a strong presence on the streets today and lots of energy at his crowded campaign party at Club Waziema, after he weathered a loss of prominent progressive endorsements over his handling of sexual misconduct allegations.

“It’s been a challenging few weeks, but I’ve kept my head held high in this campaign,” Davis said, decrying the “self-fulfilling prophecy of the local media” that didn’t focus on the progressive endorsers who stayed with him, such as former D5 Sup. Matt Gonzalez and the SF Tenants Union.

Third place finisher John Rizzo, whose party at Murio’s Trophy Room party reflected his less-than-exuberant campaign, was generally positive about the night, although he expressed some concerns about the agenda of the “people putting up hundreds of thousands of dollars” into this race and the D1 contest, where progressive favorite Eric Mar won a strong victory.

I stopped by Breed’s party twice tonight: at the end, and a little before 10pm, when the results were coming over the television proclaiming that voters in Maryland approved same-sex marriage and Colorado voter legalized marijuana – and the room erupted in cheers – and Oregon voters rejected legalizing weed, drawing big boos.

Breed’s was a liberal crowd, a D5 crowd, and a largely African American crowd. Rev. Arnold Townsend, who is on the Elections Commission and local NAACP board, told me as I left Breed’s party the second time, “It’s a good election for my community. The black community was energized by this.”

New school board member Matt Haney, whose party at Brick & Mortar was my final stop of the night, also likes Breed and said her likely victory was another part of “a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

Endorsements 2012: State and national races

25

National races

PRESIDENT

BARACK OBAMA

You couldn’t drive down Valencia Street on the evening of Nov. 4, 2008. You couldn’t get through the intersection of 18th and Castro, either. All over the east side of the city, people celebrating the election of Barack Obama and the end of the Bush era launched improptu parties, dancing and singing in the streets, while the cops stood by, smiling. It was the only presidential election in modern history that create such an upwelling of joy on the American left — and while we were a bit more jaded and cautious about celebrating, it was hard not to feel a sense of hope.

That all started to change about a month after the inauguration, when word got out that the big insurance companies were invited to be at the table, discussing health-care reform — and the progressive consumer advocates were not. From that point on, it was clear that the “change” he promised wasn’t going to be a fundamental shift in how power works in Washington.

Obama didn’t even consider a single-payer option. He hasn’t shut down Guantanamo Bay. He hasn’t cut the Pentagon budget. He hasn’t pulled the US out of the unwinnable mess in Afghanistan. He’s been a huge disappointment on progressive tax and economic issues. It wasn’t until late this summer, when he realized he was facing a major enthusiasm gap, that he even agreed to endorse same-sex marriage.

But it’s easy to trash an incumbent president, particularly one who foolishly thought he could get bipartisan support for reforms and instead wound up with a hostile Republican Congress. The truth is, Obama has accomplished a fair amount, given the obstacles he faced. He got a health-care reform bill, weak and imperfect as it was, passed into law, something Democrats have tried and failed at since the era of FDR. The stimulus, weak and limited as it was, clearly prevented the recession from becoming another great depression. His two Supreme Court appointments have been excellent.

And the guy he’s running against is a disaster on the scale of G.W. Bush.

Mitt Romney can’t even tell the truth about himself. He’s proven to be such a creature of the far-right wing of the Republican Party that it’s an embarrassment. A moderate Republican former governor of Massachusetts could have made a credible run for the White House — but Romney has essentially disavowed everything decent that he did in his last elective office, has said one dumb thing after another, and would be on track to be one of the worse presidents in history.

We get it: Obama let us down. But there’s a real choice here, and it’s an easy one. We’ll happily give a shout out to Jill Stein, the candidate of the Green Party, who is talking the way the Democrats ought to be talking, about a Green New Deal that recognizes that the richest nation in the history of the world can and should be doing radically better on employment, health care, the environment, and economic justice. And since Obama’s going to win California by a sizable majority anyway, a protest vote for Stein probably won’t do any harm.

But the next four years will be a critical time for the nation, and Obama is at least pushing in the direction of reality, sanity and hope. We endorsed him with enthusiasm four year ago; we’re endorsing him with clear-eyed reality in 2012.

UNITED STATES SENATE

DIANNE FEINSTEIN

Ugh. Not a pleasant choice here. Elizabeth Emken is pretty much your standard right-wing-nut Republican out of Danville, a fan of reducing government, cutting regulations, and repealing Obamacare. Feinstein, who’s already served four terms, is a conservative Democrat who loves developers, big business, and the death penalty, is hawkish on defense, and has used her clout locally to push for all the wrong candidates and all the wrong things. She can’t even keep her word: After Willie Brown complained that London Breed was saying mean things about him, Feinstein pulled her endorsement of Breed for District 5 supervisor.

It’s astonishing that, in a year when the state Democratic Party is aligned behind Proposition 34, which would replace the death penalty with life without parole, Feinstein can’t find it in herself to back away from her decades-long support of capital punishment. She’s not much better on medical marijuana. And she famously complained when then-mayor Gavin Newsom pushed same-sex marriage to the forefront, saying America wasn’t ready to give LGBT couples the same rights as straight people.

But as chair of the Senate Intelligence Committee, Feinstein was pretty good about investigating CIA torture and continues to call for the closure of Guantanamo Bay. She’s always been rock solid on abortion rights and at least decent, if not strong, on environmental issues.

It’s important for the Democrats to retain the Senate, and Feinstein might as well be unopposed. She turns 80 next year, so it’s likely this will be her last term.

HOUSE OF REPRESENTATIVES, DISTRICT 8

NANCY PELOSI

The real question on the minds of everyone in local politics is what will happen if the Democrats don’t retake the House and Pelosi has to face two more years in the minority. Will she serve out her term? Will her Democratic colleagues decide they want new leadership? The inside scuttle is that Pelosi has no intention of stepping down, but a long list of local politicians is looking at the once-in-a-lifetime chance to run for a Congressional seat, and it’s going to happen relatively soon; Pelosi is 72.

We’ve never been happy with Rep. Pelosi, who used the money and clout of the old Burton machine to come out of nowhere to beat progressive gay supervisor Harry Britt for the seat in 1986. Her signature local achievement is the bill that created the first privatized national park in the nation’s history (the Presidio), which now is home to a giant office complex built by filmmaker George Lucas with the benefit of a $60 million tax break. She long ago stopped representing San Francisco, making her move toward Congressional leadership by moving firmly to the center.

But as speaker of the House, she was a strong ally for President Obama and helped move the health-care bill forward. It’s critical to the success of the Obama administration that the Democrats retake the house and Pelosi resumes the role of speaker.

HOUSE OF REPRESENTATIVES, DISTRICT 9

BARBARA LEE

Barbara Lee represents Berkeley and Oakland in a way Nancy Pelosi doesn’t represent San Francisco. She’s been a strong, sometimes lonely voice against the wars in Iraq and Afghanistan and a leader in the House Progressive Caucus. While Democrats up to and including the president talk about tax cuts for businesses, Lee has been pushing a fair minimum wage, higher taxes on the wealthy, and an end to subsidies for the oil industry. While Oakland Mayor Jean Quan was struggling with Occupy, and San Francisco Mayor Ed Lee was moving to evict the protesters, Barbara Lee was strongly voicing her support for the movement, standing with the activists, and talking about wealth inequality. We’re proud to endorse her for another term.

HOUSE OF REPRESENTATIVES, DISTRICT 12

JACKIE SPEIER

Speier’s an improvement on her predecessor, Tom Lantos, who was a hawk and terrible on Middle East policy. Speier’s a moderate, as you’d expect in this Peninsula seat, but she’s taken the lead on consumer privacy issues (as she did in the state Legislature) and will get re-elected easily. She’s an effective member of a Bay Area delegation that helps keep the House sane, so we’ll endorse her for another term.

State candidates

ASSEMBLY DISTRICT 13

TOM AMMIANO

Tom Ammiano’s the perfect person to represent San Francisco values in Sacramento. He helped sparked and define this city’s progressive movement back in the 1970s as a gay teacher marching alongside with Harvey Milk. In 1999, his unprecedented write-in mayoral campaign woke progressives up from some bad years and ushered in a decade with a progressive majority on the Board of Supervisors that approved landmark legislation such as the universal healthcare program Ammiano created. In the Assembly, he worked to create a regulatory system for medical marijuana and chairs the powerful Public Safety Committee, where he has stopped the flow of mindless tough-on-crime measures that have overflowed our prisons and overburdened our budgets. This is Ammiano’s final term in the Legislature, but we hope it’s not the end of his role in local politics.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Phil Ting could be assessor of San Francisco, with a nice salary, for the rest of his life if that’s what he wanted to do. He’s done a good job in an office typically populated with make-no-waves political hacks — he went after the Catholic Church when that large institution tried to avoid paying taxes on property transfers. He’s been outspoken on foreclosures and commissioned, on his own initiative, a study showing that a large percentage of local foreclosures involved at least some degree of fraud or improper paperwork.

But Ting is prepared to take a big cut in pay and accept a term-limited future for the challenge of moving into a higher-profile political position. And he’s the right person to represent this westside district.

Ting’s not a radical leftist, but he is willing to talk about tax reform, particularly about the inequities of Prop. 13. He’s carrying the message to homeowners that they’re shouldering a larger part of the burden while commercial properties pay less. He wants to change some of the loopholes in how Prop. 13 is interpreted to help local government collect more money.

It would be nice to have a progressive-minded tax expert in the Legislature, and we’re glad Ting is the front-runner. He’s facing a serious, well-funded onslaught from Michael Breyer, the son of Supreme Court Justice Breyer, who has no political experience or credentials for office and is running a right-wing campaign emphasizing “old-style San Francisco values.”

Not pretty. Vote for Ting.

SENATE DISTRICT 11

MARK LENO

Mark Leno wasn’t always in the Guardian’s camp, and we don’t always agree with his election season endorsements, but he’s been a rock-solid representative in Sacramento and he has earned our respect and our endorsement.

It isn’t just how he votes, which we consistently agree with. Leno has been willing to take on the tough fights, the ones that need to be fought, and shown the tenacity to come out on top in the Legislature, even if he’s ahead of his time. Leno twice got the Legislature to legalize same-sex marriage, he has repeatedly gotten that body to legalize industrial hemp production, and he’s twice passed legislation that would give San Francisco voters the right to set a local vehicle license fees higher than the state’s and use that money for local programs (which the governor finally signed). He’s also been laying an important foundation for creating a single-payer healthcare system and he played an important role in the CleanPowerSF program that San Francisco will implement next year. Leno will easily be re-elected to another term in the Senate and we look forward to his next move (Leno for mayor, 2015?)

 

BART BOARD DISTRICT 9

 

TOM RADULOVICH

San Francisco has been well represented on the BART Board by Radulovich, a smart and forward-thinking urbanist who understands the important role transit plays in the Bay Area. Radulovich has played leadership roles in developing a plan that aims to double the percentage of cyclists using the system, improving the accessibility of many stations to those with limited mobility, pushing through an admittedly imperfect civilian oversight agency for the BART Police, hiring a new head administrator who is more responsive to community concerns, and maintaining the efficiency of an aging system with the highest ridership levels in its history. With a day job serving as executive director of the nonprofit Livable City, Radulovich helped create Sunday Streets and other initiatives that improve our public spaces and make San Francisco a more inviting place to be. And by continuing to provide a guiding vision for a BART system that continues to improve its connections to every corner of the Bay Area, his vision of urbanism is helping to permeate communities throughout the region

BART BOARD, DISTRICT 7

ZACHARY MALLETT

This sprawling district includes part of southeast San Francisco and extends all the way up the I-80 corridor to the Carquinez Bridge. The incumbent, San Franciscan Lynette Sweet, has been a major disappointment. She’s inaccessible, offers few new ideas, and was slow to recognize (much less deal with) the trigger-happy BART Police who until recently had no civilian oversight. Time for a change.

Three candidates are challenging Sweet, all of them from the East Bay (which makes a certain amount of sense — only 17 percent of the district’s population is in San Francisco). Our choice is Zachary Mallett, whose training in urban planning and understanding of the transit system makes up for his lack of political experience.

Mallett’s a graduate of Stanford and UC Berkelely (masters in urban planning with a transportation emphasis) who has taken the time to study what’s working and what isn’t working at BART. Some of his ideas sound a bit off at first — he wants, for example, to raise the cost of subsidized BART rides offered to Muni pass holders — but when you look a the numbers, and who is subsidizing who, it actually makes some sense. He talks intelligently about the roles that the various regional transit systems play and while he’s a bit more moderate than us, particularly on fiscal issues, he’s the best alternative to Sweet.

Roll with it

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le.chicken.farmer@gmail.com

CHEAP EATS They said it would smell like a hamster cage. And it did, but we persevered. Our instructions were to go all the way to the back of the restaurant — past the cash register and past the kitchen, where there was another, much pleasanter room that did not smell like a hamster cage. And it didn’t.

It was a whole, secret, new favorite restaurant back there. With couches, plants, and wooden chairs with heart cutouts in the back. The floor was concreted river stones; small, pretty, shiny ones that I thoroughly enjoyed both walking on and looking at.

Hedgehog said it felt like a former Home and Garden Center, which was probably a pretty good guess. We sat at the table closest to the bookshelves, and she picked something out to read while we waited for our vermicelli.

My Milk Toof, by someone with a good sense of humor and a lot of time on her hands. She poses and photographs two kinda cute “baby teeth” named Ickle and Lardee into a comic strip. Now, I’m not a book reviewer, but Hedgehog was still reading their little tiny adventures, often out loud, even after our vermicelli bowls were served. So . . .

 

CHEAP SPORTS

 

By Hedgehog

Since I was going to be watching Chicken Farmer third-string quarterbacking Sunday morning and be at Candlestick for the 49ers home opener Sunday afternoon, I really wanted to write about baseball.

Unfortunately, none of the baseball players I tweeted questions to got back to me. Which is a shame, because I really did want to know Brandon McCarthy’s favorite restaurant and Omar Vizquel’s views on same-sex marriage.

Even though I wasn’t going to say anything about football, I will say this: Chicken Farmer’s team was short a player and had no subs the entire game and they still won by one point! Of course, I didn’t know what the score was until we were walking back to the car, but even when I thought they had lost, I could tell it was a real good game.

Also: there are more assholes per square foot attending professional football games than there are at professional baseball games. Even at the $2 A’s games. But watching football live is enjoyable (excepting for all the other people doing it, too) and it was only partially humiliating to walk around the parking lot for three hours beforehand, stumping for donations for the Children’s Book Project with a Dr. Seuss hat on.

Moving on to more important matters: I am pleased to report that the Mission Playground reopened last weekend, all but the pool (which they say will be ready in December — perfect timing, since it’s an outdoor jobbie). I am not pleased to report that the food trucks promised to be in attendance in the adverts were gone by 2pm, when Earl Butter and I finally made our collective way over there. In addition to the kiddie areas, there is an artificial turf soccer field, two tennis courts, and a basketball court. So now you know where to find us.

There, or the Mission Rec Center, which has free racquetball and ping pong, and where there is a women’s boxing class I wish I could take being taught by an Olympic lady boxer. Boxerette? Boxer ladyperson.

Cheap Eats, cont.

Pugilista, I believe, is the word she was looking for.

Our vermicelli bowls, lemongrass chicken for her and grilled pork for me, were top-notch ‘uns, with plenty of crisp lettuce, carrots, red onion, basil, cilantro, and peanuts drenched in a red-peppery fish sauce dressing. Oh, and one sliver of not-hot jalapeno.

Oh, and the meat was delicious. Juicy and just perfect.

Mysteriously, we had also ordered an order of spring rolls. Maybe because we were too hungry when we first came in. But the thing is, the spring rolls are essentially the contents of the vermicelli bowls, only wrapped in rice paper. Equally excellent, but redundant.

They also have banh mi and noodle soups. Awesome food, nice people, and a really cool place, once you get past the hamster cage.

KIM’S CAFE AND SANDWICHES

Mon. 9am-7pm; Tue.-Wed. 10am-7pm; Thu.-Sat. 9am-8pm; Sun. 9am-6pm

1309 Solano, Albany

(510) 525-7899

MC,V

No alcohol

 

Oh, the cutlery

0

le.chicken.farmer@gmail.com

CHEAP EATS This bums me out: hearing straight-phobic comments from queers. It’s a San Francisco thing. I’ll leave it to better minds than mine to figure out why. But in New Orleans, among our queer community, I never heard anything like it. And in New York City, among Hedgehog’s … nope.

Nothing.

But here, home, in San Francisco, it happens repeatedly. And as much as it used to bother me, as a closeted queer, to hear straight friends (assuming my sameness), make trans- and homophobic statements and jokes, it hurts now to hear the reverse.

Plus which, it’s stupid. So stop it. Just: stop.

Seriously, if we’ve become so proud of being queer that we devalue and disrespect “other,” then it’s time to reread Dr. Seuss.

The one with the Star-Bellied Sneetches, I’m thinking. But really they’re all very good, even “Hop on Pop.” Theodore Dreiser may have been a straight white male, but — like a lot of straight white men, including my dad, and possibly yours — he fucking rocked.

See, so it’s never as simple as Us vs. Them. You, dear heterophobe, have allies — important, awesome, straight allies, like

continued after sports section

CHEAP SPORTS

by Hedgehog

Last week was very football-oriented in our little neck of the Mission, what with the NFL and the San Francisco Women’s Flag Football League both kicking off their seasons and all.

Sunday morning, Kayday and I sat on the sidelines and watched Chicken Farmer and the rest of the team play their season-opener, but between the lack of instant replay and the lack of microphones on the refs, we rarely understood what the hell was going on. According to Chicken Farmer, her team lost. We’ll take her word for that.

And I’d tell you all about the 49ers game Sunday afternoon but that would be pointless since, obviously, you all witnessed it with your very own ocular orbs, right?

So what does that leave me with by way of football-orientated conversation? Gay marriage, of course. The nutshell, for those of you who are communists or live in a sports-free cave, is that Baltimore Ravens linebacker Brendon Ayanbadejo supports same-sex marriage. Openly. A certain Maryland State Delegate name of Burns took exception to Ayanbadejo voicing opinions about politics and wrote a letter to the Raven’s owner requesting that he put a muzzle on Ayanbadejo.

Enter Minnesota Vikings punter Chris Kluwe, who is some kind of Good Will Hunting-type genius (except with words instead of numbers). He has a gay brother-in-law, and apparently is really stoked to see an honest man made of him some day because he wrote a doozy of a letter to this Burns fellow. Look it up. It’s the kind of letter that makes State Delegates blush and concede that maybe linebackers have First Amendment rights, too.

So there you have it, sports fans: 24 hours into the NFL regular season and I have not one but two new favorite football players.

continued from before sports section

….Chris Kluwe and Brendon Ayanbadejo.

But speaking of Dr. Seuss, Hedgehog and me get to don Cat-in-the-Hat hats and solicit donations for the Children’s Book Project at Candlestick before the home-opener Sunday. Meaning: Not only do we get to see the game, we get to annoy tailgaters beforehand.

Now, if only I can get Hedgehog a press pass (plus one), for the rest of the — Wait a minute. Isn’t there a connection now between the Guardian and the Examiner?

My new favorite restaurant is Spoon, that awesome Korean joint at the corner of Ashby and something-or-other in Berkeley, where we ate, coincidentally, with Spoonbender, my new favorite unprofessional football player.

I had this fantastic kimchi fried rice, with beef (or bacon), and topped with a sunny-side-up egg. Spoonbender had Jhap Chae, which she loved, and Hedgehog had (and loved) Kimbop and chicken wings.

Then we went to the park and played catch.

SPOON

Daily 8am-8pm

933 Ashby, Berk.

(510) 704-9555

AE,D,MC,V

No alcohol

 

Obama’s appeal to SF’s divided Left draws mixed reactions

26

President Barack Obama has a divided political base, as local Democrats who showed up at the Laborers Local 261 hall last night to hear his nomination acceptance speech were immediately reminded by leftist protesters. And despite the belief by some true believers that his speech won over its target audience, I have my doubts.

Courage to Resist and its allies from Code Pink, the Occupy movement, and other groups targeted this Democratic County Central Committee watch party (and 24 others around the country) with an appeal that Obama free Bradley Manning, the US soldier accused of turning over classified documents to Wikileaks who has been kept in solitary confinement for almost two years without trial.

“President Obama needs to live up to his promise to protect whistleblowers,” said Jeff Paterson, founder of Courage to Resist and himself a Gulf War resister (and coincidentally the ex-boyfriend of newly elected DCCC member Kat Anderson). For more on that protest, read this.

DCCC member Hene Kelly (and a phalanx of SFPD cops) helped keep the entrance clear – something the good-natured protesters didn’t seem to threaten – and said she understood their perspective: “They’re here because they have a right to ask President Obama to free Bradley Manning, and I agree with them.”

But inside, DCCC Chair Mary Jung wasn’t so happy about this rain on their parade, telling the Guardian that she supported the ideas behind Occupy but said, “I think the message is misdirected at us,” ticking off Democratic Party positions on same sex marriage, immigration reform, and other issues.

When I told her that the protest was actually about Manning, whose fate is pretty clearly in the hands of Obama and his appointees, she offered this hopeful assessment: “I would hope it’s going to work it’s way through the courts as it’s supposed to. There is a process.”

When I tried to get District Attorney George Gascon’s take on whether that process comports with normal legal and civil rights standards, he told us, “I have no opinion. I need to digest the information a little more.” (That was more than Willie Brown offered, with the former mayor, unregistered political lobbyist, and San Francisco Chronicle columnist responding to my questions with, “I’m a columnist. I don’t make comments to other newspapers,” after he gave a speech to the gathered Democrats.)

But it didn’t take Gascon long to digest Obama’s speech, telling us afterward, “I think he hit it out of park. If this doesn’t get the enthusiasm up, nothing will.”

Yet my reaction, and most that I’ve heard since then from people who listened to the speech, wasn’t quite so enthusiastic. Yes, Obama had some good lines, and yes, he fairly effectively countered many of the Republican misrepresentations of his record and ability to quickly turn around the failing economy he inherited. And yes, I think the substance and messaging were more progressive than his centrist acceptance speech of four years ago.

“Times have changed and so have I,” Obama declared at one point.

But this is a party that still shares the same basic paradigm as the Republican Party, this story of American exceptionalism, protected by noble military “heroes” and guided by altruistic virtues, working within an economic system that can just keep growing and expanding the prosperity of US citizens indefinitely – the kind of rhetoric that still drove the crowd to a jingoistic chant of “USA, USA, USA!” at one point.

Yet it was a crowd where not a single person in the local hall applauded or cheered for this line by Obama: “Our country only works when we accept our obligation to each other and future generations.” He’s right, but he’s also been running the country in a way that robs from future generations in many realms (debt, infrastructure, global warming, energy, education, etc.) and doesn’t address our obligation to the protesters out front and the valid perspective that they represent.

“There are many shades of blue in the Democratic Party. We’re all blue,” Jung told me.

Perhaps that true, because I felt a little blue coming away from this event, but maybe not in the sense that Jung intended.

Warren, Clinton, and the Demo divide

4

Talk about a contrast.

Tonight was all about the two sides of the Democratic Party, the two visions of how the party should approach policy, two utterly divergent approaches to the world that can hardly even be called “wings” of one party. And yet, they both got rousing cheers — and even the progressives were all hot about ol’ Bill.

Okay — the guy’s a pro. He’s one of the best off-the-cuff, unscripted public speakers in America, even if he doesn’t know when he’s done. He had all the right talking points, all the great ways to demolish everything that the Romney team has been saying. He can talk about the “real world” from experience, since for eight years he sorta ran it.

But let’s remember — this is the guy who threw millions off welfare (and now brags about it), who was responsible for the deregulation of Wall Street and the telecom industry, a guy who the financial world loved and whose policies were pretty close to what the mainstream of the Republican Party supported just a few years earlier.

I got to meet Clinton a few years ago at an alternative newsweekly convention in Little Rock, and I asked him why he didn’t consider same-sex marriage a civil-rights issue. He ducked and said in essence that America wasn’t ready for it.

And just before he took the stage, Elizabeth Warren — who talks seriously about regulating big business, who wasn’t afraid to say “corporations are not people” — was on stage. She talked like a member of the Democratic Wing of the Democratic Party, like someone who believes that too few have too much at the expense of the rest of us.

It’s not odd to have a wide spectrum of opinion in a major political party (except that the GOP doesn’t allow that any more). But it’s startling to see two speakers who might as well come from different planets, not just different parties, sharing the podium — and getting the same wild applause.

I get it — it’s all about the show. But it’s also all about people forgetting what Clinton was about.

The worst archibishop ever

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As they say … Jesus!

The new archbishop of San Francisco isn’t just a conservative. All the bishops appointed by this pope are conservatives. The new guy overseeing the Catholic Church in one of the most socially liberal parts of the world is a genuine culture-warrior, someone who (literally) says that same-sex marriage is the work of the devil and who wanted to make the use of contraception a mortal sin.

Salvatore Cordileone also happens to be the father of Proposition 8. The East Bay Express, in an excellent profile, noted in 2009 that he

has cultivated one of the most theologically conservative worldviews imaginable. Especially when it comes to sexual matters, Bishop Sal is conservative and uncompromising.

What I hear through the Catholic rumor mill is that the Vatican folks who screen candidates for these jobs gave the pope a list of three names. He rejected them all and chose Cordileone.

So now the center of the crazy-looney-here-comes-the-devil branch of the Church has a powerful throne here in San Francisco. What this is going to do, of course, is drive gay people, and liberals, and moderates, and pretty much everyone who’s sane to question why they even stay in the Catholic Church. And maybe, as one gay Catholic told me, that’s exactly what Rome has in mind — get rid of the malcontents and the thinkers until the Catholic Taliban is all that’s left.

I suspect Bishop Sal is going to have some problems in his new assignment.

Maybe I should move to France

57

I know that would make some of my happy trolls even happier. But then I’d have to learn French. And I don’t know if the bars in Paris have Bud Light.

But when you look at the agenda of the new French government, it’s pretty much what a lot of us, including a lot of non-Socialists, have been advocating for the United States: Tax the rich, end tax breaks for banks and oil companies, hire a lot of new teachers, invest in youth and the future, don’t get your pants in a wad about short-term deficits, legalize same-sex marriage … damn. They’ve got it all.

Or rather, Fichu. Ils l’ont obtenu tous.

Did I get that right?

Of course, the critics are terrified about the same things they all seem terrified about whenever anyone in San Francisco talks about local taxes on the wealthy: OMG! The rich will all leave town and go live in Fresno! See:

The pledges have prompted fears of an exodus of wealthy footballers and pop stars to lands beyond the French border.

I suppose. But I suspect a lot of wealthy Parisians will stay Parisians even if their taxes go up. They live there for a reason, as do San Franciscans, and Californians. What, you’re going to play football in France and live in Antwerp? That’s not going to go over too well.

So this will be a fine experiment here. If France doesn’t collapse and Paris doesn’t empty out and the world doesn’t end, maybe we’ll all learn a lesson. Oui?

 

 

 

Guardian voices: Outside the Bay Area Bubble

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This week I’m back in the midwest, where my roots are strong and my mother is approaching her retirement years. I’m thinking about the vast geographic and cultural distance –both real and imagined — between the San Francisco, California where I now live, and the great state of Iowa, which made me so much of who I am.

Here I am, sweating through a ridiculously muggy midwest summer heatwave, thinking about how it is that I am black, a lifelong social justice activist and organizer, and a married, dyke mama who hails from a small, working-class Iowa town where sweet corn and tomatoes once grew in my own backyard.

When I tell people that I’m from Cedar Rapids, Iowa, there is a kind of shocked silence I’ve become accustomed to. I’m used to people’s confusion about how I – given my politics and identities — could possibly be from such a place. And, while I find it extremely problematic, I’ve also gotten used to a dismissive arrogance about Iowa, a comfortable ignorance about the heartland, and a total failure to comprehend why I long for my Nana’s lilac-lined house at 1339 10th Street and why I have so much hope for middle America.

I work, organize and am raising a family in the “Bay Area bubble” but being from Iowa has developed in me core values that are decidedly anti-bubble, and deeply pro-working America. My ancestors built the wealth of this nation, and I consider the whole place mine – to love and rage over, to listen to and understand, to organize and to challenge. I have not committed my life to social change just for a privileged few on the East and West Coasts. This is, fundamentally about all of us, the 99 percent in San Francisco, through the heartland, down South and all the way to upper tip of Maine.

My four-year-old son was born in San Francisco, and he is a proud Frisco kid through and through. We have a multi-racial community that dances and organizes for justice together, he considers Salvadoran pupusas a special treat, and he loves remembering the day the Giants won the World Series and it seemed like everyone in the city was a member of the same big family.

But today, I’m writing from a cramped apartment in a seven-story public housing building in Michigan where my mother now lives with her scores of books, photography equipment and cute dresses from QVC. She and I are from a clan of Gibsons, black folks from working-class Iowa where my great grandparents worked on the railroads, and where my grandfather slaughtered pigs and went on strike with his white coworkers to defend the gains of their union.

We’re from the Iowa, where my mother attended black churches as a child and found Islam as an adult, and where she, as a struggling single mother, read black feminist poetry and first fought battles with Ronald Reagan’s backwards welfare policies.

We’re from the Iowa that is a center of agribusiness and everything that’s bad about corporate food production in this country. We’re from the Iowa that rallied for Jesse Jackson’s run for president, voted for same-sex marriage, and where Obama won the caucuses back in 2008.

But Iowa has also gone from unionized, inter-racial meatpacking plants to non-union poultry factories that exploit undocumented Latino workers from as far away as El Salvador and Guatemela. We’re from the Iowa that is indeed mostly white, where my first best friend grew up – a sweet white working class red head – and our mothers shared survival stories of single, working-poor motherhood. And I’m from the Cedar Rapids, Iowa that, unlike San Francisco, is actually growing its black population and is home to a thriving center of African American community history.

For most of my adult life, as I’ve been marching against war and racism, I’ve also been defending this Iowa, fighting against the tendency toward self-righteous superiority I’ve found among too many activists in the Bay and on the East Coast. It’s the same arrogance that the Right exploits in its scandalous but effective pseudo-populist campaigns against so-called liberal elitism.

It’s my experience that people on the left think they know what it means to be Iowan. Iowans are used as stand-in for a stereotypical idea of backwards, irrationally racist white America that ‘doesn’t vote its class interests’; Iowa is a convenient marker for everything less cool, hip, cosmopolitan and liberal than, well, San Francisco.

This kind of dismissive arrogance leads to a refusal to develop, in any meaningful, long-term way, an organizing agenda for the majority of the country, and has been one of the errors of progressive politics for a long time.

We can change this. When we are thinking about the politics of immigration policy, Occupy Wall Street, gay marriage, the movement against corporate food policy, or the politics of race, poverty and labor unions, we have to think about Iowa. Think about the white working class Republicans. Think about my mom’s friend in Iowa, raised on an old fashioned farm and now leading an organic farming collective there. Think about the proud struggle for small farms, union work, and participatory democracy there.

And think about what it will really take to make the Bay, Iowa and the whole nation a place where we can all develop our full human potential, have true mutual respect for one another, and are able to struggle through our deep divisions without exclusionary moral superiority, top-down “we know what’s best for you” politics and where all of us who want to live out our old age on a quiet lilac-lined porch in Iowa, can do so in peace and dignity.
As we make our plan to build a new progressive majority, let’s stay open-minded and take our organizing to a whole new level.

Prancing at the revolution

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marke@sfbg.com

QUEER ISSUE “Right now it seems we have more in common with the Christian Right than the gay liberation movement. We’ve become so focused on marriage as the end-all and be-all of gay rights that it’s completely within the realm of possibility that the next leader of Focus on the Family could be a gay man. We all have to get married now for tax breaks, health care, or to stay in this country? Are you kidding me?” Mattilda Sycamore Bernstein spilled some truth into my hot pink Princess phone.

“I don’t know how we got to this position where we’re either agitating for more tax breaks for the rich via marriage, or we’re treating people like disposable objects on hookup sites because they don’t conform to certain standards. It’s really sickening. How does any of this further any agenda at all besides becoming what we’re supposed to be fighting against? I don’t get it.”

Sycamore Bernstein, who often writes for the Guardian, was speaking about the impetus behind her latest book, Why are Faggots So Afraid of Faggots? Flaming Challenges to Masculinity, Objectification, and the Desire to Conform (AK Press), an invigorating collection of essays from a vast variety of queer people that “challenges the assimilationist norms of a corporate-cozy lifestyle.” (Let’s just say that President Obama’s limp “evolution” on same-sex marriage was not going to be a topic of conversation.) From envisioning a more faggoty Internet and reclaiming perversity as a proud, queer norm to honestly exploring the complex cultural confusions that Western-originating political expressions of gayness can wreak on immigrant and native homos, Faggots goes there with inspiring directness.

“I wanted to put out something that captured the spectrum of radical queer thinking that’s been going on while it seems everyone else was in line to get married. There are so many topics that affect our lives that have just been completely bulldozed by the ‘gay rights’ corporate lobbying groups’ crazed marriagemania.

“For example, Chris Bartlett, in his contribution ‘Gravity and Levity’ talks about how the idea of ‘risk’ in the gay community has been so associated with AIDS that it may have pushed any aspiration towards risk — emotionally, politically, socially — right out of gay consciousness. Yet being gay used to be all about taking risks. It’s what got us so far in the first place!

“I think exploring how the medicalization of AIDS terminology may have numbed us from each other — or how race still defines us in the ‘community,’ or how every dollar sucked into the corporate marriage machine means less for those in need of actual life or death help, or how hate crimes legislation ridiculously puts more power and resources into the hands of the very system oppressing us — is something we desperately need right now. We’re raising an entire generation to think that marriage is the only fight. Meanwhile, we’re discriminating against ourselves in so many other ways.”

Faggots is no mere spitting into the wind, either. Although Sycamore Bernstein has been sounding the assimilationist alarm for years, the prolific author and activist, now living in Seattle, has been surprised by the tome’s positive reception. (“It’s quite shocking!” she says with a lilting laugh.) Edmund White, Samuel R. Delaney, and Mx Justin Vivian Bond offered blurbs, and younger readers and the press have been grabbing onto Faggots’ incendiary yet sophisticated tone. Could the recent wave of AIDS activist nostalgia and a Occupy-like disillusionment with big money Pride sponsorships (embodied locally, especially, by a Wells Fargo advertisement covering the entire front page of Bay Area Reporter’s Pride Issue and a Stoli-sponsored GLAAD Pride float) be buoying the book’s popularity?

“I think the re-emergence of interest in things like ACT UP is very interesting. When I came to San Francisco I was part of ACT UP, and — with everybody dying from drugs, suicide, and AIDS — there was a real drive to come together to confront this massive structural neglect and recognize how brutalities align themselves to bring about our annihilation. But nostalgia can be dangerous without recognizing the reality. There was a very real, very dangerous moment in the 1990s when activism suddenly became about discrimination in the military, of all things.

“It turned from trying to guarantee health care for all to being about whether or not we could go die faster in wars. Whose decision was that?”

Marke B. is the author of Queer: The Ultimate LGBT Gude for Youth (Zest)

 

Supervisors dominate DCCC race, but key newbies join them

5

“I just stopped by on my way to finish campaigning,” Sup. David  Campos told me at the Bike Coalition’s 20th Annual Golden Wheel Awards (more on that tomorrow), the first in more than a majority of the Board of Supervisors at the event.

Campos was campaigning for reelection to the Democratic Party County Central Committee (DCCC) and the polls were still going to be open for almost two more hours. Perhaps he could still reach the one in four registered SF voters who bothered to weigh in on this lackluster election.

“There was nothing really on the ballot that excited voters,” Campos said. “Hopefully November will be different.”

Tonight’s returns — for leadership of a local Democratic Party that hopes for more  voter engagement in the fall races — showed that Campos and fellow supervisors David Chiu, John Avalos, and Scott Wiener expectedly topped the pack, with Bevan Dufty, who moved from the board to the Mayor’s Office this year, in fifth place. And longtime former legislator Carole Migden’s sixth place fininish in the 14-seat eastside DCCC race helped show that it was mostly about name recognition.

But there were a couple of first-time candidates in the winning field: Matt Dorsey and Zoe Dunning, who finished 8th and 12th respectively. Both played key roles in recent LGBT politics: Dorsey as the City Attorney’s Office spokesperson during the same-sex marriage saga of the last eight years, Dunning as a poster lesbian in ending the US military’s “don’t ask, don’t tell” policy.

“I think Zoe and Matt are the ones to watch,” DCCC member Alix Rosenthal told me at the Buck Tavern as she celebrated her reelection, after campaigning hard for both the progressive and women’s slates.     

Unprompted, Dorsey returned the recognition when I stopped by his party down the street at Churchill. “Alix and Rafael [Mandelman, who organized the progressive slate and finished 10th, right after Sup. Malia Cohen] ran other things, so it’s apples and oranges,” Dorsey humbly said of the two former Dist. 8 supervisorial candidates he bested, when I asked about his strong finish.

Dorsey ran an aggressive campaign, targeting high-turnout precincts and working hard to get the full spectrum of political endorsements (and posting all his answers to each group online), what he called “Moneyball politics.” And it translated into an impressive finish for a freshman candidate but longtime politico.  

“Right now, I’m looking to get back to the gym after a year and a half of campaigning,” said Dorsey, the spokesperson for the mayoral campaign of City Attorney Dennis Herrera, who was at the party, along with District Attorney George Gascon. 

Dorsey and his fellow Guardian/progressive slate members did better in Eastside Dist. 17 than Westside Dist. 19, taking 10 of 14 seats compared to four of 10, leaving a near-equal balance with the moderate Democrats once the seats of elected officials are factored in.

But if the spirits count for anything, Dorsey told me he ran especially hard to earn the seat that outgoing DCCC Chair Aaron Peskin appointed him to when long progressive activist Michael Goldstein died last year.

“Knowing that it was his seat,” Dorsey said, “motivated me to work harder.”

40 percent reporting: Not a lot of change

0

Witrh 40 percent of the precincts reporting, there’s been very little change in the results, which is surprising: Typically the absentees don’t reflect the election-day turnout. But Prop. A is still going down by huge margins, Prop. B is still winning (and at this point, that one’s probably in the bag, striking a blow against the privatization of public resources and offering a vote of no-confidence in the direction of the city’s Rec-Park department).

It appears likely that there will be an expensive November race for Assembly in D19, with the downtown-funded (but otherwise unknown) Democrat Michael Breyer who ran an almost-Republican campaign heading for a second-place finish against Assessor Phil Ting.

And there’s no change in the results for the DCCC.

I’m a little surprised (and disappointed) that Gabriel Haaland, a longtime incumbent, isn’t making the cut this time, and I’m surprised (and pleased) that newcomer Justin Morgan, a public-health physician, is still in the top 14 on the East Side. Zoe Dunning and Matt Dorsey, two very visible LGBT leaders (she on DADT, he on same-sex marriage) are running strong; Dorsey’s in the progressive camp, and Dunning, a former military officer, is more conservative. School Board member Hyrda Mendoza isn’t making the cut, either, which is odd for a citywide elected official.

At this point, it appears that theSF Democratic Party will be a more conservative organization than we’ve been used to over the past four years. At most, the progressives will have 14 or 15 votes out of 32 (24 elected and eight ex-officio). There are plenty of reasons for that, among them the retirement of some longtime progressive members (Aaron Peskin, Jane Morrison, Milton Marks); the redistricting that created a West Side district very few progressives could compete in — and the move by the more conservative elements of the party to run a slate that included Dufty and Cohen.

Things could still change; I could be wrong. But I don’t think I am.

Meister: Another presidential step against anti-gay bias

1

By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

President Obama’s bold endorsement of same-sex marriage should be only the first of his key acts in behalf of gay Americans. It’s now past time for him to redeem a 2008 campaign promise to issue an executive order barring federal contractors from discriminating against gay workers.

Such discrimination is already banned in Washington, D.C., and 21 states, including California. A presidential order would cover the millions of federal contractor employees in the other states. Building roads, bridges and dams are among the many essential tasks they perform throughout the country.

Previous executive orders, first issued seven decades ago, have made it illegal for contractors to discriminate on the basis of race or religion. Recent investigations by the San Francisco Chronicle and the gay publication Metro Weekly noted that Obama made his promise to add a ban on anti-gay discrimination during a meeting with a gay rights group in Houston four years ago.

The Chronicle quoted Heather Cronk, director of the gay rights group Get Equal, as noting that a non-discrimination order “would give concrete, real-life workplace protections to people who work for federal contractors like ExxonMobil that refuse, year after year, to add those protections on their own.”

Cronk recalled that former Bay Area activist Cleve Jones recently presented Obama with a binder containing more than 40 accounts of workplace discrimination in hopes of making a decisive case for a presidential order. The president accepted the binder, Cronk said, without saying a word. But later, Obama adviser Valerie Jarrett said the president had no immediate plans to ban contractor discrimination on his own.

That was confirmed a day later by Jay Carney, Obama’s press secretary. Carney claimed the president nevertheless “is committed to securing equal rights” for lesbian, gay, bisexual and transgender Americans. He cited Obama’s long-time support for the proposed Employment Non-Discrimination Act that would give federal protection to LGBT workers in government as well as private employment.

Instead of issuing an executive order, Carney added, the president’s plans are to take “a comprehensive approach” by pushing for passage of the non-discrimination act.

But, as the Chronicle noted, “the legislation has no chance of passing in the current Congress,” whereas congressional approval is not needed for an executive order to go into effect. In any case, there seems to be only a slight chance that Obama would suffer serious political harm for issuing an order, since polls show strong public support for him doing so.

The president has in fact been losing support because of his refusal to act. The Chronicle, for instance, noted the anger of Log Cabin Republicans, the gay rights group that led the legal fight against the “don’t ask, don’t tell” policy that had excluded gays and lesbians from military service. The GOP group complained that Obama has “turned his back on 1.8 million LGBT workers” and failed to deliver on a policy that has broad, bipartisan support among the American peopl

Harsh criticism came, too, from a former congressional staffer, Tico Almeida, who helped draft the Employment Non-Discrimination Act and now heads a group called Freedom to Work. He called Obama’s refusal to act “a political calculation that cannot stand” as he announced that his organization was launching a campaign to increase pressure on Obama to issue an order.

One prominent – and wealthy – activist who’s pledged to contribute $100,000 to the drive to get Obama to change his mind called his refusal to sign an order “craven election-year politics.”

Pretty strong language, but Obama’s inaction on such a vital issue rightly opens him to such harsh judgment. His endorsement of same-sex marriage took genuine political courage. It proved he has the strength, the will and the ability to take the country another step closer to granting true equality to all Americans. Now the president needs to take that next essential step.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

Obama: gay OK, pot not

0

steve@sfbg.com

HERBWISE President Barack Obama made big news last week when he became the first U.S. president to state his support for same-sex marriage, taking a states’ rights position on the issue and telling supporters “where states enact same-sex marriage, no federal act should invalidate them.” So why is his administration so aggressively going after medical marijuana providers that are fully compliant with state law?

As a presidential candidate, Obama said that his administration wouldn’t go after medical marijuana patients or suppliers that were in compliance with the laws in the 19 states where medical marijuana is legal or decriminalized, a position that his Department of Justice reinforced with a 2009 memo restating that position.

But then last year, the administration reversed course and began a multi-agency attack on the medical marijuana industry in California and other states, with the Drug Enforcement Administration raiding growers, dispensaries, and even Oaksterdam University; the Department of Justice and U.S. Attorneys’ Offices threatening owners of properties involved in medical marijuana with asset seizure; and the Internal Revenue Service adopting punitive policies aimed at shutting down dispensaries that are otherwise paying taxes and operating legally under state law.

Recently, Obama tried to explain his evolving stance on medical marijuana in a Rolling Stone interview: “What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana — and the reason is, because it’s against federal law. I can’t nullify congressional law.”

Yet statements like that only reinforce the idea that Obama has a double standard. After all, same-sex marriage is also against federal law, specifically the Defense of Marriage Act that President Bill Clinton signed in 1996. The Obama Administration last year refused to continue defending DOMA in the courts, whereas it has proactively and aggressively expanded enforcement of federal laws against pot.

When I asked Obama’s Press Office to address the contradiction, they referred to the Rolling Stone interview, provided a transcript of a press briefing from last week, and refused further comment.

Press Secretary Jay Carney spent much of that briefing discussing Obama’s “evolving” position on same-sex marriage, and said the president has always been supporter of states’ rights. “He vehemently disagrees with those who would act to deny Americans’ rights or act to take away rights that have been established in states. And that has been his position for quite a long time,” Carney said.

Assembly member Tom Ammiano, who has sponsored legislation to improve protections for those in the medical marijuana industry and criticized Obama’s crackdown on cannabis, said he was happy to hear Obama’s new stance on same-sex marriage. But he said that position of federal non-intervention in state and local jurisdictions isn’t being following with medical marijuana, or on immigration issues, where the federal government has circumvented local sanctuary city policies with its Secure Communities program targeting undocumented immigrants.

“Good move, Mr. President, now let’s work on that states rights issue,” Ammiano told us. “I don’t want to water down the significance of this, but I do want to treat it holistically.”

Ammiano praised House Minority Leader Nancy Pelosi for her May 3 public statement criticizing the federal raids on medical marijuana patients and suppliers, but he said federal leaders should act to remove marijuana from the list of Schedule 1 narcotics, a classification of dangerous drugs with no medical value.

“Pelosi was good to put that statement out, but now we need the next step of changing federal law,” Ammiano said.

David Goldman, a representative of Americans for Safe Access patient advocacy group who serves on the city’s Medical Cannabis Task Force, called Obama’s double-standard hypocritical: “If Obama is affirming federalism and states rights, then he’s inconsistent with state-regulated medical marijuana.”

But Goldman also said, “Why should we be surprised that politicians take contradictory positions on issues?”

 

Obama’s evolution

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Other than a few Mitt Romney supporters, most of us view evolution as a wonderful biological mechanism to which we owe our supposed higher intelligence. So Obama’s “evolution” from a foe to a supporter of same-sex marriage deserves tremendous praise. But before we go all ga-ga over the president, let’s remember:

He didn’t evolve on his own. In this case, the evolution needed a push, from generations of LGBT activists and supporters, who put the issue in front of the world, made it a basic matter of civil and human rights, and forced Obama to realize that he could no longer duck and had to take a stand.

Remember FRD’s famous statement to activists? “Now you have to make me do it.” That’s what happened here. Obama made the political calculation, of course, and it’s a good one — energizing his base is more important than angering a bunch of people who weren’t going to vote for him anyway. But there’s more to it, and I think Paul Hogarth has the right line:

Biden’s statement may have been the final trigger, but the LGBT movement deserves the credit – despite the odds – to hold firm on getting the President to take this historic stance. And it’s a lesson that other progressive constituencies should take heart in, as we strive to make Barack Obama the President we hoped he would be.

Let’s also remember that this really started in San Francisco, with an act of what I like to call civic disobedience. At the time, a lot of critics said that Mayor Gavin Newsom was hurting the Democratic Party by making a move before the rest of the nation was ready for it. But what he did eight years ago was force the rest of the nation to get ready for it — and the subsequent legalization of gay unions in a growing number of states has shown America what the Boston Phoenix referred to as “the utter, mundane normality” of same-sex marriage.

We all knew this moment was coming. The demographics can’t be denied. Almost everyone younger than 30, and most people younger than 40, supports same-sex marriage. The country is changing — in this case, in a very positive way — and Obama was risking being on the wrong side of history. Even the Republicans seem to get that — they’re running away from this issue as fast as they can.

So now it’s likely that L.A. Mayor Antonio Villaraigosa will have his way and the Democratic Party platform will have a same-sex marriage component. Romney will be on the defensive on a key social issue – a huge change from the past. The Supreme Court will be more likely to uphold Judge Vaughn Walker’s decision on Prop. 8 (yes, the high court is political and changes with the norms of society, sometimes slowly, but the president’s statement will have a clear impact.)

So this is huge — not just because of the impact but because of what it says about the power of progressive movements. Now let’s make the president raise taxes on the rich.

 

 

Obama and state’s rights

8

So how many angry pot smokers (and how many of my libertarian-leaning blog trolls) are going to love this? The governors of four western states want to take control of federal land inside their borders, and they’re organizing to do it. Mostly a political stunt — the governors want to allow more mining, ranching, and drilling on public lands, and the feds are taking it a bit more slowly. And nothing new — we’ve had these western range wars for decades, and for decades Utah governors have insisted that the state ought to be making the decisions around the 66 percent of the total Utah land mass that’s owned by Washington.

There’s no doubt in my mind that the administration is doing the right thing by resisting — you can’t just take national parks and national forests and Bureau of Land Management land and turn it over to development-oriented states. Much of that was federal land before there were states. And it’s not as if the Interior Department is all pristine about it — there’s already far too much resource development on public property, and the public doesn’t get anywhere near enough money for it. Sometimes it’s so bad it’s nutty.

But Obama’s got a problem, and it’s called medical marijuana — and he’s doing the same dumb thing that presidents before him have done, and all it does is create allies for the far right. Hell, after the U.S. attorney started attacking dispensaries I was ready to seceed. Let’s take California and walk; we’re already the ninth largest economy in the world, and we pay far more in federal tax money than we get in federal benefits. The Sierra makes a pretty defensible permiter; who needs Washington?

Of course, I’m quite happy that Obama doesn’t want to let the nuts in Arizona and Alabama get away with their racist and oppressive anti-immigrant laws and I’m happy to argue (in those cases) that immigration is a federal issues and that states shouldn’t try to mess around with it.

Except that San Francisco is a sanctuary city, and we have our own policy, which is excellent and the feds should leave us alone. And when this city did same-sex marriage, in defiance of state law, that was one of the coolest things ever.

You see where I’m going here.

Both sides can raise this Constitutional stuff and argue state’s rights and a long list of other things, and any good law school professor can spend years talking and writing about the historical and legal issues. There are some things that should be left to the states, and some things that the federal government should do, and that is always evolving.

But really, a lot of this is about policy. Legal pot is a good thing. So is same-sex marraige. Crackdowns on immigration are bad. Drilling and mining on public land are a problem, whether it’s state land or federal land. Politics isn’t perfect, and I’m willing to take our victories where we can get them.

But when the president is inconsistent (he’s cracking down on medical marijuana in CA but not Colorado; he’s against the Arizona/Alabama laws but still his ICE trying to mess with SF’s Sanctuary City) and does things that make his allies and supporters (that’s us potheads) mad at him, then it’s easier for the governor of Utah to say the feds are on his land and should leave him alone. Just like the pot farms.

 

 

 

Guardian endorsements for June 5 election

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>>OUR ONE-PAGE “CLEAN SLATE” PRINTOUT GUIDE IS HERE. 

As usual, California is irrelevant to the presidential primaries, except as a cash machine. The Republican Party has long since chosen its nominee; the Democratic outcome was never in doubt. So the state holds a June 5 primary that, on a national level, matters to nobody.

It’s no surprise that pundits expect turnout will be abysmally low. Except in the few Congressional districts where a high-profile primary is underway, there’s almost no news media coverage of the election.

But that doesn’t mean there aren’t some important races and issues (including the future of San Francisco’s Democratic Party) — and the lower the turnout, the more likely the outcome will lean conservative. The ballot isn’t long; it only takes a few minutes to vote. Don’t stay home June 5.

Our recommendations follow.

PRESIDENT

BARACK OBAMA

Sigh. Remember the hope? Remember the joy? Remember the dancing in the streets of the Mission as a happy city realized that the era of George Bush and The Gang was over? Remember the end of the war, and health-care reform, and fair economic policies?

Yeah, we remember, too. And we remember coming back to our senses when we realized that the first people at the table for the health-policy talks were the insurance industry lobbyists. And when more and more drones killed more and more civilian in Afghanistan, and the wars didn’t end and the country got deeper and deeper into debt.

Oh, and when Obama bailed out Wall Street — and refused to spend enough money to help the rest of us. And when his U.S. attorney decided to crack down on medical marijuana.

We could go on.

There’s no question: The first term of President Barack Obama has been a deep disappointment. And while we wish that his new pledge to tax the millionaires represented a change in outlook, the reality is that it’s most likely an election-year response to the popularity of the Occupy movement.

Last fall, when a few of the most progressive Democrats began talking about the need to challenge Obama in a primary, we had the same quick emotional reaction as many San Franciscans: Time to hold the guy accountable. Some prominent left types have vowed not to give money to the Obama campaign.

But let’s get back to reality. The last time a liberal group challenged an incumbent in a Democratic presidential primary, Senator Ted Kennedy wounded President Jimmy Carter enough to ensure the election of Ronald Reagan — and the begin of the horrible decline in the economy of the United States. We’re mad at Obama, too — but we’re realists enough to know that there is a difference between moderate and terrible, and that’s the choice we’re facing today.

The Republican Party is now entirely the party of the far right, so out of touch with reality that even Reagan would be shunned as too liberal. Mitt Romney, once the relatively centrist governor of Massachusetts, has been driven by Newt Gingrich and Rick Santorum so deeply into crazyland that he’s never coming back. We appreciate Ron Paul’s attacks on military spending and the war on drugs, but he also opposes Medicare and Social Security and says that people who don’t have private health insurance should be allowed to die for lack of medical care.

No, this one’s easy. Obama has no opposition in the Democratic Primary, but for all our concerns about his policies, we have to start supporting his re-election now.

U.S. SENATE

DIANNE FEINSTEIN

The Republicans in Washington didn’t even bother to field a serious candidate against the immensely well-funded Feinstein, who is seeking a fourth term. She’s a moderate Democrat, at best, was weak-to-terrible on the war, is hawkish on Pentagon spending (particularly Star Wars and the B-1 bomber), has supported more North Coast logging, and attempts to meddle in local politics with ridiculous ideas like promoting unknown Michael Breyer for District Five supervisor. She supported the Obama health-care bill but isn’t a fan of single-payer, referring to supporters of Medicare for all as “the far left.”

But she’s strong on choice and is embarrassing the GOP with her push for reauthorization of an expanded Violence Against Women Act. She’ll win handily against two token Republicans.

U.S. CONGRESS, DISTRICT 2

NORMAN SOLOMON

The Second District is a sprawling region stretching from the Oregon border to the Golden Gate Bridge, from the coast in as far as Trinity County. It’s home to the Marin suburbs, Sonoma and Mendocino wine country, the rough and rural Del Norte and the emerald triangle. There’s little doubt that a Democrat will represent the overwhelmingly liberal area that was for almost three decades the province of Lynn Woolsey, one of the most progressive members in Congress. The top two contenders are Norman Solomon, an author, columnist and media advocate, and Jared Huffman, a moderate member of the state Assembly from Marin.

Solomon’s not just a decent candidate — he represents a new approach to politics. He’s an antiwar crusader, journalist, and outsider who has never held elective office — but knows more about the (often corrupt) workings of Washington and the policy issues facing the nation than many Beltway experts. He’s talking about taxing Wall Street to create jobs on Main Street, about downsizing the Pentagon and promoting universal health care. He’s a worthy successor to Woolsey, and he deserves the support of every independent and progressive voter in the district.

U.S. CONGRESS, DISTRICT 12

NANCY PELOSI

Nancy Pelosi long ago stopped representing San Francisco (see: same-sex marriage) and began representing the national Democratic party and her colleagues in the House. She will never live down the privatization of the Presidio or her early support for the Iraq war, but she’s become a decent ally for Obama and if the Democrats retake the House, she’ll be setting the agenda for his second term. If the GOP stays in control, this may well be her last term.

Green Party member Barry Hermanson is challenging her, and in the old system, he’d be on the November ballot as the Green candidate. With open primaries (which are a bad idea for a lot of reasons) Hermanson needs support to finish second and keep Pelosi on her toes as we head into the fall.

U.S. CONGRESS, DISTRICT 12

BARBARA LEE

This Berkeley and Oakland district is among the most left-leaning in the country, and its representative, Barbara Lee, is well suited to the job. Unlike Pelosi, Lee speaks for the voters of her district; she was the lone voice against the Middle East wars in the early days, and remains a staunch critic of these costly, bloody, open-ended foreign military entanglements. We’re happy to endorse her for another term.

U.S. CONGRESS, DISTRICT 13

JACKIE SPEIER

Speier’s more of a Peninsula moderate than a San Francisco progressive, but she’s been strong on consumer privacy and veterans issues and has taken the lead on tightening federal rules on gas pipelines after Pacific Gas and Electric Company killed eight of her constituents. She has no credible opposition.

STATE SENATE, DISTRICT 11

MARK LENO

Mark Leno started his political career as a moderate member of the Board of Supervisors from 1998 to 2002. His high-profile legislative races — against Harry Britt for the Assembly in 2002 and against Carole Migden for the Senate in 2008 — were some of the most bitterly contested in recent history. And we often disagree with his election time endorsements, which tend toward more downtown-friendly candidates.

But Leno has won us over, time and again, with his bold progressive leadership in Sacramento and with his trailblazing approach to public policy. He is an inspiring leader who has consistently made us proud during his time in the Legislature. Leno was an early leader on the same-sex marriage issue, twice getting the Legislature to legalize same-sex unions (vetoed both times by former Gov. Arnold Schwarzenegger). He has consistently supported a single-payer health care system and laid important groundwork that could eventually break the grip that insurance companies have on our health care system. And he has been a staunch defender of the medical marijuana patients and has repeatedly pushed to overturn the ban on industrial hemp production, work that could lead to an important new industry and further relaxation of this country wasteful war on drugs. We’re happy to endorse him for another term.

STATE ASSEMBLY, DISTRICT 17

TOM AMMIANO

Ammiano is a legendary San Francisco politician with solid progressive values, unmatched courage and integrity, and a history of diligently and diplomatically working through tough issues to create ground-breaking legislation. We not only offer him our most enthusiastic endorsement — we wish that we could clone him and run him for a variety of public offices. Since his early days as an ally of Harvey Milk on gay rights issues to his creation of San Francisco’s universal health care system as a supervisor to his latest efforts to defend the rights of medical marijuana users, prison inmates, and undocumented immigrants, Ammiano has been a tireless advocate for those who lack political and economic power. As chair of Assembly Public Safety Committee, Ammiano has blocked many of the most reactionary tough-on-crime measures that have pushed our prison system to the breaking point, creating a more enlightened approach to criminal justice issues. We’re happy to have Ammiano expressing San Francisco’s values in the Capitol.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Once it became abundantly clear that Assessor-Recorder Phil Ting wasn’t going to get elected mayor, he started to set his eyes on the state Assembly. It’s an unusual choice in some ways — Ting makes a nice salary in a job that he’s doing well and that’s essentially his for life. Why would he want to make half as much money up in Sacramento in a job that he’ll be forced by term limits to leave after six years?

Ting’s answer: he’s ready for something new. We fear that a vacancy in his office would allow Mayor Ed Lee to appoint someone with less interest in tax equity (prior to Ting, the city suffered mightily under a string of political appointees in the Assessor’s Office), but we’re pleased to endorse him for the District 19 slot.

Ting has gone beyond the traditional bureaucratic, make-no-waves approach of some of his predecessors. He’s aggressively sought to collect property taxes from big institutions that are trying to escape paying (the Catholic Church, for example) and has taken a lead role in fighting foreclosures. He commissioned, on his own initiative, a report showing that a large percentage of the foreclosures in San Francisco involved some degree of fraud or improper paperwork, and while the district attorney is so far sitting on his hands, other city officials are moving to address the issue.

His big issue is tax reform, and he’s been one the very few assessors in the state to talk openly about the need to replace Prop. 13 with a split-role system that prevents the owners of commercial property from paying an ever-declining share of the tax burden. He wants to change the way the Legislature interprets Prop. 13 to close some of the egregious loopholes. It’s one of the most important issues facing the state, and Ting will arrive in Sacramento already an expert.

Ting’s only (mildly) serious opponent is Michael Breyer, son of Supreme Court Justice Breyer and a newcomer to local politics. Breyer’s only visible support is from the Building Owners and Managers Association, which dislikes Ting’s position on Prop. 13. Vote for Ting.

DEMOCRATIC COUNTY CENTRAL COMMITTEE

You can say a lot of things about Aaron Peskin, the former supervisor and retiring chair of the city’s Democratic Party, but the guy was an organizer. Four years ago, he put together a slate of candidates that wrenched control of the local party from the folks who call themselves “moderates” but who, on critical economic issues, are really better defined as conservative. Since then, the County Central Committee, which sets policy for the local party, has given its powerful endorsement mostly to progressive candidates and has taken progressive stands on almost all the ballot issues.

But the conservatives are fighting back — and with Peskin not seeking another term and a strong slate put together by the mayor’s allies seeking revenge, it’s entirely possible that the left will lose the party this year.

But there’s hope — in part because, as his parting gift, Peskin helped change state law to make the committee better reflect the Democratic voting population of the city. This year, 14 candidates will be elected from the East side of town, and 10 from the West.

We’ve chosen to endorse a full slate in each Assembly district. Although there are some candidates on the slate who aren’t as reliable as we might like, 24 will be elected, and we’re picking the 24 best.

DISTRICT 17 (EAST SIDE)

John Avalos

David Campos

David Chiu

Petra DeJesus

Matt Dorsey

Chris Gembinsky

Gabriel Robert Haaland

Leslie Katz

Rafael Mandelman

Carole Migden

Justin Morgan

Leah Pimentel

Alix Rosenthal

Jamie Rafaela Wolfe

 

DISTRICT 19 (WEST SIDE)

Mike Alonso

Wendy Aragon

Kevin Bard

Chuck Chan

Kelly Dwyer

Peter Lauterborn

Hene Kelly

Eric Mar

Trevor McNeil

Arlo Hale Smith

State ballot measures

PROPOSITION 28

YES

LEGISLATIVE TERM LIMITS

Let us begin with a stipulation: We have always opposed legislative term limits, at every level of government. Term limits shift power to the executive branch, and, more insidiously, the lobbyists, who know the issues and the processes better than inexperienced legislators. The current system of term limits is a joke — a member of the state Assembly can serve only six years, which is barely enough time to learn the job, much less to handle the immense complexity of the state budget. Short-termers are more likely to seek quick fixes than structural reform. It’s one reason the state Legislatures is such a mess.

Prop. 28 won’t solve the problem entirely, but it’s a reasonable step. The measure would allow a legislator to serve a total of 12 years in office — in either the Assembly, the Senate, or a combination. So an Assembly member could serve six terms, a state Senator three terms. No more serving a stint in one house and then jumping to the other, since the term limits are cumulative, which is imperfect: A lot of members of the Assembly have gone on to notable Senate careers, and that shouldn’t be cut off.

Still, 12 years in the Assembly is enough time to become a professional at the job — and that’s a good thing. We don’t seek part-time brain surgeons and inexperienced airline pilots. Running California is complicated, and there’s nothing wrong with having people around who aren’t constantly learning on the job. Besides, these legislators still have to face elections; the voters can impose their own term limits, at any time.

Most of the good-government groups are supporting Prop. 28. Vote yes.

PROPOSITION 29

YES

CIGARETTE TAX FOR CANCER RESEARCH

Seriously: Can you walk into the ballot box and oppose higher taxes on cigarettes to fund cancer research? Of course not. All of the leading medical groups, cancer-research groups, cancer-treatment groups and smoking-cessation groups in the state support Prop. 29, which was written by the American Cancer Society and the American Heart Association.

We support it, too.

Yes, it’s a regressive tax — most smokers are in the lower-income brackets. Yes, it’s going to create a huge state fund making grants for research, and it will be hard to administer without some issues. But the barrage of ads opposing this are entirely funded by tobacco companies, which are worried about losing customers, particularly kids. A buck a pack may not dissuade adults who really want to smoke, but it’s enough to price a few more teens out of the market — and that’s only good news.

Don’t believe the big-tobacco hype. Vote yes on 29.

San Francisco ballot measures

PROPOSITION A

YES

GARBAGE CONTRACT

A tough one: Recology’s monopoly control over all aspects of San Francisco’s waste disposal system should have been put out to competitive bid a long time ago. That’s the only way for the city to ensure customers are getting the best possible rates and that the company is paying a fair franchise fee to the city. But the solution before us, Proposition A, is badly flawed public policy.

The measure would amend the 1932 ordinance that gave Recology’s predecessor companies — which were bought up and consolidated into a single behemoth corporation — indefinite control over the city’s $220 million waste stream. Residential rates are set by a Rate Board controlled mostly by the mayor, commercial rates are unregulated, and the company doesn’t even have a contract with the city.

Last year, when Recology won the city’s landfill contract — which was put out to bid as the current contract with Waste Management Inc. and its Altamont landfill was expiring — Recology completed its local monopoly. At the time, Budget Analyst Harvey Rose, Sup. David Campos, and other officials and activists called for updating the ordinance and putting the various contracts out to competitive bid.

That effort was stalled and nearly scuttled, at least in part because of the teams of lobbyists Recology hired to put pressure on City Hall, leading activists Tony Kelley and retired Judge Quentin Kopp to write this measure. They deserve credit for taking on the issue when nobody else would and for forcing everyone in the city to wake up and take notice of a scandalous 70-year-old deal.

We freely admit that the measure has some significant flaws that could hurt the city’s trash collection and recycling efforts. It would split waste collection up into five contracts, an inefficient approach that could put more garbage trucks on the roads. No single company could control all five contracts. Each of those contracts would be for just five years, which makes the complicated bidding process far too frequent, costing city resources and hindering the companies’ ability to make long-term infrastructure investments.

It would require Recology to sell its transfer station, potentially moving the waste-sorting facility to Port property along the Bay. Putting the transfer station in public hands makes sense; moving it to the waterfront might not.

On the scale of corrupt monopolies, Recology isn’t Pacific Gas and Electric Co. It’s a worker-owned company and has been willing to work in partnership with the city to create one of the best recycling and waste diversion programs in the country. For better or worse, Recology controls a well-developed waste management infrastructure that this city relies on, functioning almost like a city department.

Still, it’s unacceptable to have a single outfit, however laudatory, control such a massive part of the city’s infrastructure without a competitive bid, a franchise fee, or so much as a contract. In theory, the company could simply stop collecting trash in some parts of the city, and San Francisco could do nothing about it.

As a matter of public policy, Prop. A could have been better written and certainly could, and should, have been discussed with a much-wider group, including labor. As a matter of real politics, it’s a messy proposal that at least raises the critical question: Should Recology have a no-bid, no contract monopoly? The answer to that is no.

Prop. A will almost certainly go down to defeat; Kopp and Kelly are all alone, have no real campaign or committee and just about everyone else in town opposes it. Our endorsement is a matter of principle, a signal that this longtime garbage deal has to end. If Recology will work with the city to come up with a contract and a bid process, then Prop. A will have done its job. If not, something better will be on the ballot in the future.

For now, vote yes on A.

PROPOSITION B

YES

COIT TOWER POLICY

In theory, city department heads ought to be given fair leeway to allocate resources and run their operations. In practice, San Francisco’s Department of Recreation and Parks has been on a privatization spree, looking for ways to sell or rent public open space and facilities as a way to balance an admittedly tight budget. Prop. B seeks to slow that down a bit, by establishing as city policy the premise that Coit Tower shouldn’t be used as a cash cow to host private parties.

The tower is one of the city’s most important landmarks and a link to its radical history — murals painted during the Depression, under the Works Progress Administration, depict local labor struggles. They’re in a bit of disrepair –but that hasn’t stopped Rec-Park from trying to bring in money by renting out the place for high-end events. In fact, the tower has been closed down to the public in the past year to allow wealthy patrons to host private parties. And the city has more of that in mind.

If the mayor and his department heads were acting in good faith to preserve the city’s public spaces — by raising taxes on big business and wealthy individuals to pay for the commons, instead of raising fees on the rest of us to use what our tax dollars have already paid for — this sort of ballot measure wouldn’t be necessary.

As it is, Prop. B is a policy statement, not an ordinance or Charter amendment. It’s written fairly broadly and won’t prevent the occasional private party at Coit Tower or prevent Rec-Park from managing its budget. Vote yes.

 

Social liberalism beats economic populism?

13

Eric Alterman, who writes on media for The Nation, has a book out on the history of liberalism in America and a fascinating essay in The New York Times on how progessives lost the economic war. It’s hard to make a case this complicated in a few hundred words, so he sounds as if he’s somewhat downplaying the importance of civil rights. And American history is, of course, complicated and the post-War era one of the most confusing times to understand and analyze. But Alterman seems to come down on the side of those who argue that the fight for what he calls the “rights agenda” undermined the battle for economic equality:

In other words, economic liberalism is on life-support, while cultural liberalism thrives. The obvious question is why. The simple answer is that cultural liberalism comes cheap. Supporting same-sex marriage or a woman’s right to choose does not cost the wealthy anything or restrict their ability to become wealthier.

He also disses incompetence, always an easy target, since the economic crises that post-War liberals addressed — from inner-city and rural poverty to energy prices and inflation — defied easy solutions and there were bound to be mistakes. But here’s his basic hit:

“The great liberal failing of this time,” Daniel Patrick Moynihan observed as early as 1968, was “constantly to over-promise and to overstate, and thereby constantly to appear to under-perform.” This not only alienated key constituencies, but it also diminished the trust between the governing and the governed that previous generations of liberals had worked so hard to earn.

Caught in the crosswinds of so many simultaneous crises — I have not even mentioned Vietnam — many liberals chose to focus, rather perversely, on a “rights” agenda and the internecine fights it engendered within their increasingly fractured coalition. They lost sight of the essential element that had made the coalition possible in the first place: the sense that liberalism stood with the common man and woman in their struggle against economic forces too large and powerful to be faced by individuals on their own.

In other words, if we’d just been willing to throw the gays and the women under the bus (or do what so many “liberals” so often suggested, and move more slowly on things like abortion rights, comparable worth and same-sex marriage, which are so easy for the Right to use as wedge issues) we might have held on to the coalition that was able to wage the War on Povery under LBJ.

Okay, that’s not fair — Alterman is a lot more nuanced than that. And I agree with him entirely that it’s easy (particularly in a place like San Francisco) to support same-sex marriage, and that cultural issues can give fiscal conservatives cover with a left-leaning electorate. It drives me nuts. And I completely agree that Obama needs to return liberalism to an economic populist agenda.

And a lot of this discussion has been done before, starting with Thomas Frank and What’s the Matter with Kansas?

But would we really be better off in the long run if we’d abandoned the “rights” agenda in favor of economic equality? Or is it possible that the Right is losing steam on the Culture War and in the process discrediting its economic ideas? Do women who heard Rush Limbaugh call a law student a “slut” start questioning what he says about taxes?

I dunno. Interesting questions.

WTF, Debra Saunders?

12

I really, really can’t figure out what the Chron’s only local editorial page columnist, the conservative Debra Saunders, is trying to say. If I read her Feb. 8 column right, she’s opposing the Appeals Court ruling on same-sex marriage — and she seems to be saying that Mayor Gavin Newsom was wrong to allow gay marriages and that the whole matter ought to be decided by a statewide vote:

When the California Supreme Court ruled in favor of same-sex marriage, Newsom stood on the steps of City Hall crowing, “It’s going to happen – whether you like it or not.” Newsom didn’t bother trying to win Californians over to his cause. He figured the courts would impose same-sex marriage on them. And then voters don’t have to like it.

Again — I don’t get it. By the tone of her column, you could almost get the impression that she’s against same-sex marriage. At the very least, she doesn’t seem to fathom that some basic civil and human rights aren’t and never have been subject to the will of the voters. If you asked the voters in Topeka, Kansas in 1954 whether the local schools should be forcibly desegregated, I think it’s a good bet that segregation and racism would have won at the ballot box. Is she trying to argue against Brown v. Board of Education?

I wrote her an email and asked her to explain — really, Debra, I want to understand, but I’m baffled — and I gave her all day to get back to me, but I haven’t heard.

 

 

The marriage decision, for better and for worse

7

The Ninth Circuit Court of Appeals judges cited both Groucho Marx (“marriage is a great institution, but who wants to live in an institution?”) and Marilyn Monroe (what if the movie was called “Who Wants to Enter Into a Domestic Partnership With a Millionaire?”) in discussing the importance of the word “marriage.” Justice Stephen Reinhardt’s ruling made clear that the only purpose of Proposition 8 was to “lessen the status and dignity of gays and lesbians in California.” The decision makes clear that the law against same-sex marriage is by its nature discriminatory.

But in the end, the ruling was very narrow. If you read the entire decision, it’s not a sweeping affirmation of the legal rights of Americans to marry the person of their choice. The court basically concluded that California voters had no legal right to take away marriage rights that had previously existed. Since the state Supreme Court had granted marriage equality, and 18,000 people got married before Prop. 8 passed, the ballot measure was in fact a reduction in rights, which, the court said, requires a different level of scrutiny and analysis.

The Chronicle calls it a “wise decision,” but in political terms, it’s a bit wimpy: It stops far short of where Judge Vaughn Walker went in his original ruling on this case, which essentially said that marriage is a fundamental right for all.

The good news: If the ruling stands up, same-sex marraige will be legal in the state of California. The bad news: If the ruling stands up, it’s likely that it will apply only to California.

But that could be good news in a sense, too. Here’s why.

The proponents of Prop. 8 are going to appeal to the U.S. Supreme Court. Everyone knows that. And if the 9th Circuit had come out with a sweeping ruling stating that the right of gays and lesbians to marry is fundamental and can’t be abridged under any circumstances, it’s almost certain the the Supreme Court would hear the case. That might be wonderful; the Supremes could come down with a decision like Brown v. Board of Education  that forever changes the civil rights landscape and ensures full equality for the LGBT community in every aspect of society.

On the other hand, I worry that if this current Supreme Court heard Brown, five members might have sided with the Board of Education.

In other words, there are four very conservative justices who could easily proclaim the sanctity of heterosexual marriage in a ruling that would set us back years — and depending on how Justice Anthony Kennedy was feeling that day, he could go either way. So giving the current Supreme Court a chance to rule on the larger issue was, and is, risky. Now, Justice Reinhardt’s decision repeatedly cited a case that Kennedy had personally written, the 1996 Romer v. Evans, which would have made it harder for the swing judge to reverse the 9th Circuit — but you never know.

As it is, there’s a good chance now that the High Court will just take a duck. That would mean that same-sex marriage was restored to legal status in California (and there’s no way that another Prop. 8 will ever pass in this state, ain’t happening, don’t waste your money, bigots — this train is only going in one direction, and the population has already changed enough that same-sex marriage would easily win at the polls). And it will be legal in eight other states and D.C., and the movement will continue and in a few years, it will be legal everywhere, without the U.S. Supreme Court making the final call. (Or Kennedy will retire and Obama will be re-elected and it won’t matter because the Supreme Court will no longer have a troglodyte majority.)

And even if the court takes the case, it’s possible that Kennedy would go along with the narrow ruling (Reinhardt has been around a long time and he’s no fool — he knows who his audience is on a final appeal, and it’s one Supreme Court justice). It’s possible Kennedy might agree that you can’t take away existing rights, which would be good news for California and not terrible news for the rest of the country.

That’s the cautious approach. I’m the sort who usually wants to push issues as far as we can (wouldn’t a showdown over the defining LGBT issue of the day at the Supreme Court be exciting? Wouldn’t it be amazing to see Justice Scalia try to argue, in 2012, that it’s okay to deny marriage rights to lesbians and gay people?) And I believe that both the legal and political ground is shifting fast on this issue and we might get a grounbreaking Supreme Court decision the way we did in Lawrence v. Texas. But the downside is potentially huge.

So while I was disappointed in the rather limited scope of the decision, I suspect a lot of the lawyers who support marriage equality are quietly pleased. This is a big victory, and it might actually last.

 

 

San Francisco celebrates same-sex marriage ruling

30

While the usual procession of heterosexual couples beamed as they said their wedding vows on City Hall’s Grand Staircase this morning, a historic celebration took place in the South Light Court: hundreds applauded the announcement that same-sex couples are a big step closer to achieving equality in the basic right to marry.

The Ninth Circuit Court of Appeals held today that Proposition 8, which eliminated same sex marriage rights for couples in California, violates the Equal Protection Clause of the U.S. Constitution.

The court ruled that Prop. 8 served no purpose but to discriminate against one class of people, and the Constitution does not allow for “laws of this sort.”

The ruling specifically addressed the arguments advanced by proponents of Prop 8 that gay marriage would interfere with childrearing and religious freedom in the state.

“All parties agree that Proposition 8 had one effect only. It stripped same-sex couples…of the right to obtain and use the designation ‘marriage’ to describe their relationships. Nothing more, nothing less,” the judges wrote.

The ruling does not mean that marriage licenses will immediately be issued to same sex couples. A stay on the ruling has not been lifted. But the stay could be lifted in as early as 21 days from now. But more probably, it will take months or even years; the case is likely to go to the U.S. Supreme Court.

Chief Deputy City Attorney Terry Stewart – the lead attorney that defended San Francisco’s 2004 decision to issue marriage licenses to same-sex couples, which later triggered the Prop. 8 campaign – said the city is eager to see marriage equality, and that “city mechanisms and machinery stand ready to do whatever we can to expedite the process.”

The decision was based partly on logic that, since LGBTQ Californians already have parental rights and the right to domestic partnerships, denying them the right to marry could not be rationalized. City Attorney Dennis Herrera said that this is a “narrow decision,” meaning that if the Supreme Court upholds the ruling, it would apply only to California.

There remains a possibility that the Supreme Court will reject the case, and in that situation the Ninth Circuit decision striking down Prop. 8 would take immediate affect.

Members of the Bay Area coalition of Welcoming Congregations were present at the announcement.

“I’m jubilant,” said Rev. Roland Stringfellow of the Pacific School of Theology in Berkeley. “When it comes to equality, this is something we preach.”

He adding that his church had been performing same-sex marriages since the 1970s, and that he eagerly awaits legal recognition of his own union with his partner.

Sup. Scott Wiener acknowledged, “the fight is not over yet.”

But he said, “Every so often we get a court ruling that reaffirms our faith in the judicial system…this is a time for us to come together and celebrate.”

California political leaders issued several statements praised the court’s decision.

“The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision,” said Gov. Jerry Brown.

Mayor Ed Lee issued a statement saying:
“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State. And, we will continue the fight until everyone is treated equally.  

“San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.

“I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”