Confusing Speech And Action

Thio Li-ann, a Singapore law professor, was forced to resign from an NYU human rights course after students protested what they called her anti-gay views. Dr. Thio, for one, "supported the imposition of a $15,000 fine on a free-access Singaporean television channel for presenting a gay couple and their child as a family unit." It seems to me that gay rights supporters should always, always, always defend the freedom of speech and association of our opponents. In a free and open debate, we will always win because our arguments are so strong. And yet the authoritarian part of the left is often there, waiting in the wings. We need vigilance against them and their arguments, including the poisonous concept of hate crime laws. Atlantic correspondent Wendy Kaminer writes:

The trouble is that the petition in opposition to Professor Thio imagines her appointment as a violation of NYU's "own policy of nondiscrimination." In other words, gay students (and members of other historically disadvantaged groups) are said to suffer actual discrimination when the administration hires faculty members who argue against anti-discrimination laws. This confusion of speech and action — of advocating for discrimination and actually engaging in it — is common in academia, where academic freedom is too often limited to the freedom to advance prevailing ideals of equality.

The refusal of law students even to hear opposing views, reflecting opposing moral codes, is particularly worrisome. I wouldn't want one of these future lawyers ever advocating for me. They're unlikely to learn how to argue effectively if they limit their law school debates to matters about which only presumptively reasonable people disagree. Uniformity of opinion breeds complacency, close-mindedness, and a tendency to mistake attitudes for arguments.

HRC And The Stop-Loss Option

They write to say that they are publicly backing it. Joe Solmonese backed it on MSNBC, David Smith did so in the Washington Blade and that is their formal position. What they tell administration and Congressional Democrats privately is another matter. But read the Blade story closely and you begin to see why Aaron Belkin is pissed. It seems to me that the gay rights groups that actually want to change the laws should stop expecting anything from HRC; and that gay donors should contribute to SLDN or Immigration Equality or groups that care more about civil rights.

Iraq And The Philippines

745px-Filipino_casualties_on_the_first_day_of_war

Douthat compared the two American occupations in his column yesterday, which provoked some chin scratching by Matt Yglesias and Daniel Larison. Spencer Ackerman does the best job of explaining why the historical parallel doesn't fit:

[T]he hinge point in U.S.-Philippine history — what yielded the friendship and closeness that the two nations presently enjoy — was the Japanese occupation of the Philippines. What the Japanese inflicted upon the Philippines and its people was by orders of magnitude far worse than anything the U.S. ever dared. You probably know the rest: MacArthur declares he Shall Return; he does; the battle of Leyte Gulf is one of the largest in the history of naval warfare; we drive the Japanese from the Philippines; the amount of gratitude is overwhelming; a partnership has been our inheritance ever since.

Laying a wreath on graves at Arlington or saying that a very small contingent of U.S. troops might be able to stay after 2011 isn't the same thing. There's cheap anti-Americanism in Philippine politics — particularly over military bases like the Subic Bay facility — but the Japanese occupation transformed the ways in which (to be extremely reductive for the sake of a blog post) Filipinos view Americans so that it's a marginal view that the Philippines ought to jettison its relations with the U.S. In Iraq, there's a significant and multifaceted political current saying that. Time might change all that. But these are really rather different cases. When Iran invades Iraq, starts massacring people to an overwhelming degree, and then the U.S. invades, drives out Iran and saves the day, then we can talk.

It's worth noting too that the Philippine war was the last one before the Bush-Cheney era in which US troops routinely committed atrocities and Cheney-style torture, including water-boarding:

U.S. attacks into the countryside often included scorched earth campaigns where entire villages were burned and destroyed, torture (water cure) and the concentration of civilians into “protected zones” (concentration camps). Many of the civilian casualties resulted from disease and famine.

(Photo: Filipino casualties on the first day of Philippine-American War. Original caption is 'Filipino soldiers dead just as they fell in the trench near Santa Ana, February 5th. The trench was circular, and the picture shows but a small portion.')

The Obama-Bush Police State

A reader writes:

I've appreciated your police state posts lately, especially the one today related to immigration.  I'm an immigration lawyer, so I see this kind of stuff happening all the time. One small point on that – immigrants facing charges from ICE do have the right to an attorney (though that right was put in jeopardy by Mukasey and mostly rescued by Holder), but, unlike criminal defendants, do not have the right to have the government provide an attorney if the immigrant can't afford one.  That means it is perfectly possible to go to jail (immigration detainees are almost always housed with criminals in the same jails used to punish criminal offenders) without having access to an attorney.

I hope you'll continue to blog about the many ways Americans have allowed their country to begin evolving into a police state. I fear it may already too late to rouse the outrage of the masses at the tremendous power grab we've seen starting with Bush and continuing under Obama, but I believe those of us who still value our civil liberties should at least try.

I backed Obama because I believed he wanted to roll some of this back. It increasingly appears that I was wrong. The 9/11 police state is with us. Obama is slowly legitimizing it, despite being elected to unwind it. This country is no longer as free as many others in the world – and unrecognizable compared with the free country I found in 1984. And it's getting less free every day. I expected this if Giuliani or McCain got elected. But Obama? Watching him continue their policies in so many ways is somehow even more painful.

Why Get Married?

Megan McSudelman explains:

There's a reason for the social role of "spouse".  And there's a reason for all of the legal and social systems that have grown up around that role:  they reinforce and strengthen it.  It would be much harder to do many of the things we want and intend to do, for and with each other, without that useless little piece of paper…if domestic partnership is working for you, I'm happy for you.  But when I thought about the reasons not to get married, they mostly boiled down to an instinct for contrariness.  I don't need to put myself through a bunch of legal hassle and domestic partner registration just to prove something to Jerry Falwell and my eighth grade history teacher.

For new readers, my article from last year on my marriage is here. My husband's acting career has been taking off lately. Our marriage enabled him to do what he loves. It also helped me do what I love, with his emotional support and love. Why this is a threat to society – indeed a form of evil to the GOP base – is simply beyond my understanding.

The Growing Police State In America

It can be dicey after 9/11 for most people, but for immigrants, even completely legal ones, the odds of trouble are higher. The total power the authorities have – especially over Latinos – would give Lou Dobbs a dangerous case of priapism. One simple story:

The son of a decorated Vietnam veteran, Hector Veloz is a U.S. citizen, but in 2007 immigration officials mistook him for an illegal immigrant and locked him in an Arizona prison for 13 months. Veloz had to prove his citizenship from behind bars. An aunt helped him track down his father's birth certificate and his own, his parents' marriage certificate, his father's school, military and Social Security records. After nine months, a judge determined that he was a citizen, but immigration authorities appealed the decision. He was detained for five more months before he found legal help and a judge ordered his case dropped.

Compare this with the plight of Skip Gates and a little perspective emerges. Immigrants or immigrant suspects are at the mercy of anyone with a badge and a gun in America. If immigrants or legal natural-born citizens with the wrong skin color have no money and can't afford a lawyer, they are no match for a bureaucracy like Immigration and Customs Enforcement. And there is no due process:

In immigration detention it falls to the detainees to prove their citizenship. But detainees don't have the constitutional protections, such as the right to legal counsel, that would help them prove their case.

Serves them right for being born Latino, I guess.