Saturday, December 11, 2010

It must be Christmas

It must be Christmas in America. The annual rite of paying for and setting up a Nativity scene by the government of a small town somewhere is being challenged. And, rightly so because government should not be involved in sponsoring the celebration of any religious holiday.


But that isn’t what this post is about… that will come in a later post.

This post is about not standing up for what you believe in.

In Brookville, Indiana, a Nativity scene has been purchased by tax payer dollars and is being displayed on town property. A letter was sent by the Freedom from Religion Foundation to the small town’s leaders asking that the crèche be removed. The foundation is based in Madison, Wisconsin. The organization found out about the crèche because someone in Brookville snitched. That has town leaders and supporters of the crèche all upset.

Hazel Graves, a resident of Brookville, says she is a Christian and believes in Jesus. Graves thinks the person who informed the Freedom from Religion Foundation needs to come forward. "There's somebody here in town, and they should step forward if they're so brave, and want to take down our Nativity scene," says Graves.

Agreed. The person who sent the notification to Freedom from Religion Foundation should come forward. This country was not founded on mysterious people making statements and not standing up for them. Wasn’t it John Hancock who is to have said, “I will sign my name big enough so the King doesn’t need his glasses to read it.” Sure enough, right there in the middle of the Declaration of Independence is his name as big and bold as anything. He agreed with the words in the document and was willing to sign his name to it.

But, it appears that the person or persons who didn’t reveal themselves is concerned about the backlash from the small town. If they own a business, some neighbors may not shop there anymore. If an employee, he or she may have a hard time finding a job. Neighbors may even picket the snitch’s home to express their outrage.

But, an issue that conservatives support, those who provide money to political action committees and other organizations need not reveal themselves. Most conservatives support the issue because then individuals and corporations can financially support hotly contested issues and not be concerned about the backlash from individuals that disagree with them.

In Washington state, conservatives argued remaining anonymous on political issues was a right. A petition was circulated and submitted that asked the state to submit a question on the ballot to disallow gays and lesbians the right to marry. Opposing groups in the state asked for copies of the petition so all could see who had signed it. Those that signed the petition and the organization that circulated it argued that people may be subjected to harassment if the opposition know who they were. Ultimately, the Supreme Court did rule that there is no expectation of privacy on a petition.

Hazel Graves stance on the issue and likely many others in town, is a little hypocritical. First, Graves and her fellow town folk, were hoping that no one would tell the world about their crèche. They wanted to keep that little secrete for themselves. But, Ms. Graves, if you are asking the person that snitched to come forward, “if they’re so brave” why are you hoping to hide behind anonymity. You should be brave enough yourself to let everyone know about the Nativity and challenge anyone to come forward to contest it so that the issue can be debated in public.

But there is even a wider reason why that stance is hypocritical. This reasoning does assume that a conservatives in the town of Brookville is the same as a conservatives anywhere in America. The residents of Brookville want to know who the snitch is that informed Freedom from Religion. But, on the other hand, conservatives support the Supreme Court decision that ruled that individuals and corporations have the right to remain anonymous when taking political positions, because they are also concerned about anger being taken out on them by those opposing.

John Hancock must be confused by all of this. He, perhaps having more to fear in the days before the Revolutionary War with England, was more than willing to stand on his convictions. His signature is the largest on the Declaration of Independence. The person who snitched on the town of Brookville needs to come forward (and be applauded). But, all individuals and corporations that support political issues in the community need to also come clean.

Our republic was founded on the idea that openly debating issues was the best way to run a community. Let’s return to that concept.

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Wednesday, December 8, 2010

Courts should not do what congress should

Whenever the courts are asked to do what the congress and president should, it is a sloppy and irrational business. Of course, that is to suggest that the way they make laws and set policy is any better.

President Obama a month ago asked the Supreme Court to place a stay on a lower court ruling that ordered the military to stop enforcing the “Don’t Tell, Don’t Ask” policy on gays and lesbians in the services. He wanted time for congress and his office to come to terms with the certainty that the court would rule in favor of gays and lesbians. The court agreed, at least for a while, but now there is a deadline for action. If Senator John McCain gets his way, it will be back into the courts when the deadline passes.

Working its way through the court system are a few other issues that would not be there if congress was working properly. One of the biggest issues, yes bigger than “Don’t Ask, Don’t Tell”, is immigration. Decisions from various jurisdictions will leave a confusing and disruptive policy that will not work.

As an example, Arizona, wishing to solve a overstated problem there, is being challenge on a host of immigration laws in the courts. On Wednesday, the Supreme Court will hear oral arguments about the Legal Arizona Workers Act of 2007. It states that businesses that knowing employee undocumented workers could have their license revoked by the state. It is being called the business death penalty by opponents. The United States Chamber of Commerce and the Obama administration are challenging the law. They say that immigration is a federal issue, so that states should not be able to take action.

Businesses that hire undocumented workers is at the core of the issue. That is why Arizona enacted and is enforcing a law like the Legal Arizona Workers Act. If there are no jobs available for undocumented workers, they wouldn’t be arriving. In a post to this blog in April, End Immigration in Five Steps, one of the steps suggested was to enforce laws at the federal level that require employers to make sure every employee was properly documented. Plus, employers must learn to fear I.C.E. (Immigration and Custom Enforcement) by unannounced audits of businesses on a national and local level.

But the creation and enforcement of immigration laws must made at the federal level. Each court, like with any issue, will make decisions based on individual cases and circumstances. Overlapping and overreaching decisions will create a loose policy that will confuse employees and employers. This will waste resources in an attempt to meet various standards from all across the country.

The reason we have government is to enforce a consistent set of rules that we can all agree on. Congress needs to act on immigration reform and many other issues. Then, allocate money to enforce the laws. If not, individuals and businesses will be caught not knowing what to do.

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Monday, December 6, 2010

Senator McCain is wrong on gays and lesbians in the military

Senator John McCain is wrong to oppose the repeal of the Don’t Ask, Don’t Tell policy in the United States Military.

The policy is on the verge of being overturned by the courts. In a blog post previously, “The Military has done well with gays and lesbians”, the history of the issue was explored. It was a policy that came out of a legislative fight 17 years ago. The policy said that if the recruit doesn’t speak of his or her sexual orientation, the military won’t ask. But, someone who spoke up and was kicked out, took the issue to court. The courts agreed that the policy violated his rights and over turned it. The only reason it hasn’t been tossed aside right now is because the Supreme Court has allowed time for the legislative process to make a change.

The military doesn’t think that it is a problem they can’t handle. Defense Secretary Robert M. Gates and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, delivered a report issued by the military on the repel of the Don’t Ask, Don’t Tell policy. It reported that more than two thirds of the service members who answered surveys did not object to gays and lesbians serving openly in the military.

Senator McCain was not convinced. He said, “I remain concerned, as I have in the past, and as demonstrated in this study, that the closer we get to service members in combat, the more we encounter concerns about whether ‘don’t ask, don’t tell’ should be repealed.” He has expressed in the past that he is concerned that the military forces will not be able to focus on the mission because the person next to them is gay.

Adm. Mullen said in response, “I’ve been serving with gays and lesbians my whole career,” he said. “I went to war with them aboard a destroyer off the coast of Vietnam. I knew they were there. They knew I knew it. We never missed a mission, never failed to deliver ordnance on target.”

The military over the last 17 years has done just fine. In all that time, and longer as evidence by Adm. Mullen’s remarks, the military has done what it has been asked to do and it can’t be document that there would be any harm from the repel of the policy.

Mr. McCain, you are outdated on this issue.

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Friday, December 3, 2010

Another common criminal is labeled a terrorist

I don’t care why he did it. I don’t care about his religion. I don’t care that he was young, old, black or white. I don’t care about anything involved in his crime other than it didn’t work and that he wanted to do it.


Mohamed Mohamud, a Muslim, is charged with attempting to kill perhaps hundreds of people at a Christmas tree lighting ceremony in Portland, Oregon. It was prevented because a tip was given to the FBI many months ago about Mohamud’s statements he made about striking back at the great Satan. The FBI set up a sting operation, sold him fake bomb making material that Mohamud thought was the real stuff. When he dropped the car off, walked away and made the phone call that was to detonate the bomb, the FBI arrested him.

Done. A common criminal arrested before anyone could be hurt.

Another example, some may say, of why Islam is the religion of hate and violence. Another example of why we should not allow mosques to be built anywhere, especially near Ground Zero. This is proof that we are at “war” with Islam. Round them all up and be done with it.

If it is another example of Islam the crazy religion, why did the Imam from the community say that he did know the young man, but didn’t see any of the signs that you might expect from someone who is plotting such a thing? He said Mohamud attended the mosque rarely. If this is an example of a religion teaching hate, why did he acted alone on this action? If he worked with others they would have been picked up on the same day by the FBI. Officials, who worked with Mohamud for many months, said he had no connection with individuals or groups overseas.

He, like all the others, is not a terrorists. He is a common criminal who plotted murder. By calling him and charging him with terrorism, we feed his own justification for his actions and those of common criminals all over the world.

By labeling all the followers of a religion terrorists, we take our eyes off the real problem. Instead of watching for the real face of terror, the common criminal among us, we are diverted by the many good people that don’t want anything to do with all of this. Instead of looking for the face that will harm us, we are confused by the millions of innocent faces that would help us if we didn’t suspect them also.

Let’s not glorify Mohamud’s actions. He is just a common criminal.

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Wednesday, December 1, 2010

Life, Liberty and the Pursuit of Happiness

In The Declaration of Independence, Thomas Jefferson, uses the phrase, “Life, liberty and the pursuit of happiness.”  According to Gary Wills, author of many books on America and some of its most famous people, Jefferson was not hiding anything nor meant to mislead anyone with the phrase. In all of Jefferson’s writings he chose his words very carefully to make sure he was saying just what he meant. Life, liberty and the pursuit of happiness were the words he chose, and in that order, for what he wanted to express.

The order is important. It places life first, then liberty followed finally by the pursuit of happiness. It was clear that the most important goal of government, as he saw it, was to help protect life. Liberty and the pursuit of happiness are very important, but when it comes to the balance between all of them, he gave life the first position.

The Declaration of Independence declared the Colonies separation from the English government so that a new nation could formed. But, Jefferson and others, still felt a strong need for government. With a government they could enforce a common standard of behavior within and defend against invaders. This common goal was to be done in balance with between life, liberty and the pursuit of happiness as evidenced by the phrase.

After the misstep of the Articles of Confederation, the Constitution was created. In that document, the liberties that we enjoy in America were recognized by the newly formed government. A government formed to provide a safe environment to enjoy our liberties and to pursue our happiness.

Those liberties clearly take a second position to a safe environment. Jefferson and others did not intent government to value rights over harm, that would be chaos. This is true both from the order of his famous phrase, but also because of the very reason government exist. If, events or circumstances can be demonstrated to cause or have the possibility of harm, then what ever liberties we may have need to be limited to maintain order and safety. To amplify, government can take action to limit liberties, if, and only if, it clearly demonstrates that harm would result if the limitation were not enforced.

We have the right to free speech, except in a crowded theater when we yell fire. We have the right to own property but will lose the right to that property if we don’t pay our taxes. We have the right to bear arms but can’t use them to hunt in the city. Even the Constitution guarantees our right to Habeas Corpus unless “the public safety may require it” to be suspended.

Our liberties are important, but have no value if they can’t be enjoyed in a safe environment. Staying alive; life; is more important than all the liberties we have.

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Monday, November 29, 2010

No more sermons at the soup kitchen

No more sermons at the soup kitchen.


Government must stay neutral when it comes to religion. It cannot support one religion over another nor can it even have the appearance of supporting one over another.

Yet, under President Bush, faith based organizations could deliver federal aid while preaching their form of religion. Churches and other religious organizations, under President Bush’s executive order, could deliver federal aid, such as the operation of a soup kitchen, while they were delivering a sermon.

That is changing. President Obama has amended the executive order issued by President Bush mandating the separation of the normal functions of a church and the delivery of federal aid.

Faith based organizations, no matter what calling, should not be able to deliver federal aid of any kind. This is a much too close relationship between God and Country. Whenever this happens, it is much too easy for anyone, especially those that are receiving the aid, to draw the conclusion that there is something special with this religion. Especially if the members of the church are preaching while having dinner.

President Obama’s amended of the order mandates the separation of the two activities, which is a start at getting local religious organizations out of federal aid delivery. The president’s order also goes a step farther. The amendment requires the government to “monitor and enforce standards regarding the relationship between religion and government in ways that avoid excessive entanglement between religious bodies and government entities.”

Don’t forget, in England during the pre American colonial days, religion and government went hand in hand. You were required to be a particular religion, depending on who was in power at the time. If you were protestant and the state religion was catholic, as it was under Queen Mary of Scots, you needed to change. Even tax dollars collected from a protestant would in part be delivered to the catholic church for support, but none to the protestant church. [ The Church of England, a legitimate religion by any standard, was separated from the Catholic Church by Henry the Eighth in an effort to support his government and provide legitimacy for his personal activities. It was, by some conclusions, not only a state religion, but one created for the state.]

In the Constitution, in a plan to make sure that state supported religion doesn’t happen in the new country, the signers wrote in the opening lines of the first amendment that “Congress shall make no law respecting an establishment of religion.” They also made very clear in the document that no religious test would be provided to elected officials, providing even further evidence that they wanted to keep religion out of government functions.

By placing a seal of approval on certain religious organizations to dole out federal aid, it appears to support that religious organization. If that money was going to catholic organizations, Queen Mary would be very pleased. But, we in the United States should not be.

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Wednesday, November 24, 2010

The military has done well with gays and lesbians in the ranks

It would appear that conservatives are walking two paths but only see one.

Many conservatives are asking that the military not allow gays in the services. They feel that having gays fight alongside straights would kill moral and cause all kinds of havoc. This has all come to the top of the issue list with the court ruling on the “don’t ask, don’t tell” rule that the military has lived with for 17 years.

The “don’t ask, don’t tell” deal was brokered by the Clinton administration with congress in 1993. It states that if the military doesn’t ask about the sexual preference of a recruit and if the recruit doesn’t tell his or her preference, everything will be just fine. As soon as someone let their preference be known, the military escorted them to the door and slammed it shut behind them.

But, someone the military had ushered out recently became defiant and took their case to court. They argued that the policy violated the First Amendment rights of gays and lesbians [because they could not speak their mind] and due process rights [because they were not charged with a crime].

The Obama administration, not wanting to cause a wake in the middle of elections asked the Supreme Court to keep a temporary injunction on the ruling. He wanted time for congress and the administration to develop a new policy that will be supported by the courts. The Supreme Court complied, for a while.

Now the issue is being addressed by congress.

But, here is the conservative’s double speak. First, for seventeen years since the “Don’t Ask, Don’t Tell” policy has been in place, gays and straights have fought some of the toughest wars in memory side by side. The Gulf War, the Iraqi war and the Afghanistan war have all been well pursued. The moral of the troops and the support from the home front have been outstanding. No one can deny the military success of these wars.

Yet, conservatives, claim gays in the military would destroy moral. Well, where is the evidence?

The military response to the court rulings have been honorable. The latest statement from the military is that they can have a policy to allow gays and lesbians to serve their country by the end of the year.

Over the last 17 years the military has done an outstanding job. There is no reason anymore to deny anyone to serve their country.

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