I Changed My Mind on Employee Free Choice
May 21, 2009 by Mark Wilson, Editor | 2 Comments |
Berkeley is filled with bumper-stickered cars. One of a Berkeleyite’s favorite hobbies is telling everyone what his socio-political opinions are by declaring them on the bumper of his car. That car is most likely either a Toyota Prius (with its increased gas mileage, it saves the planet) or the Subaru Outback (which not only gets good mileage, but every model has all-wheel drive: great for the Berkeleyite’s frequent trips out to nature).
One of my favorite bumper stickers is: “Unions: The folks who brought you the weekend.” And it’s true. In this country, we can thank labor unions for a lot of the things we take for granted today in our jobs. Before labor unions, there was no redress for employees who were working long days in unsafe conditions. Upton Sinclair’s 1906 novel The Jungle was supposed to be about the horrible working conditions that slaughterhouse employees had to endure, but as Sinclair famously said, “I aimed at the public’s heart, and by accident hit its stomach.” The Jungle is famous not for its exposure of deplorable working conditions, but for its graphic depiction of unsafe food preparation.
It wasn’t until 1935 that Congress passed the National Labor Relations Act, which affirmed government support of unions, collective bargaining, and placing restrictions on what employers could do. At the turn of the century, businesses viewed unions with a combination of suspicion and disgust. Unionizing was socialism, and socialism was antithetical to the United States and its tradition of capitalism. Eventually, though, the country grew up and realized that the employer-employee relationship was hideously skewed in favor of the employer. In an industrialized economy — that is, an economy where people work for others instead of themselves — employers have tremendous power to enhance or destroy the lives of employees by hiring or firing them. And because an employee is a single person, he has little recourse when faced with the considerable power of an entire company.
Enter the union, the job of which is to leverage the power of all the workers in a firm against the firm, should it become necessary. Unions today enter into legally-binding agreements with firms. These agreements specify things like benefits and wage rates. When a union agreement is about to expire, it needs to be renewed. At this time, the union and the management each tries to re-negotiate the contract to get the best deal. If the two sides don’t come to an agreement by the time the contract expires, then the union members go on strike. They will refuse to work without a contract specifying exactly what their benefits will be.
But you’ve got to have a union first. According to Robert Reich, formerly Secretary of Labor in the Clinton administration and now a professor of public policy at the University of California, Berkeley, 1/3 of working Americans belonged to a union in 1955. In 2009, only 8% of workers belong to a union. Part of this trend has to do with the loss of manufacturing jobs in the United States. But even this doesn’t entirely explain the decline in unionization: Toyota, the most profitable auto manufacturer in the world, is a non-union shop. Its workers are not unionized, but they have good wages and benefits. Toyota is a benevolent employer. Wal-Mart is quite the opposite. Its workers make a little above minimum wage and they largely have no benefits. Wal-Mart is famously and virulently opposed to unions, engaging in practices that, if pursued by the National Labor Relations Board (NLRB), would probably be prosecutable in court. Wal-Mart has closed entire stores rather than suffer the possibility of unionization. We cannot always rely on the benevolency of employers in order to get good wages and benefits — hence the existence of unions and a national framework that supports them.
I have written before about the current process of unionization, as have other Demockracy writers, and I will not go into it here. Again, we come around to the Employee Free Choice Act (EFCA), which would augment the current system of union creation. Again, I have before explained how it would work. In my previous pieces, I came out against EFCA because it does not have a secret ballot. How, I said, can we get an accurate assessment of whether or not people want to unionize without a secret ballot? I neglected another factor: employer pressure between the initial petition and the actual election. During this period, which usually lasts between 30 and 60 days, employers dramatically increase pressure on employers not to form a union. This pressure can vary from the benign (”workshops” in which union-busters explain to employees why unions are actually bad for them) to the criminal (openly threatening employees with termination if they join unions). Starbucks was found guility of the latter when it fired some employees at a Manhattan store who tried to unionize.
It is this pressure period that causes the disparity we see between the numbers in the initial petitions and the actual elections. An apocryphal 1989 AFL-CIO organizing document declares that, according to its statistics, 75% of employees at a firm need to sign the intitial petition in order to get 51% in the final election. There has not been a study (that I have access to!) that examines the causality of this phenomenon. It could be attributed to peer pressure; that is, when employees’ names are visible, employees will say they want to unionize, even when they don’t. In the privacy of the secret ballot, they are free to vote against the union. But there is another possibility: that employees really do want to unionize, but after two months of propaganda and open threats, employees decide that they don’t want to unionize, after all, due to the possibility of losing their jobs. We have no way of knowing what employees truly want, since there is no test we have that is free from bias, whether from the employer or other employees.
Even though it’s illegal for an employer to fire — or even threaten to fire — an employee for unionizing, it happens routinely. As is pointed out in this sourcebook on EFCA from the UC Berkeley Center for Labor Research and Education, employers treat NLRB fines (the punishment for violating labor law) as just another operating cost. They will gladly fire employees and then pay the fines, since, in the long-term, paying the fines is cheaper than dealing with a union. Fortunately, one of EFCA’s provisions is to increase the penalties for violating labor law, but even then, the fines are still not so large that the world’s large anti-union companies — Wal-Mart, Starbucks, and Whole Foods among them — cannot write those fines off as operating costs and call it a day.
The only way to forestall those threats is to allow union creation immediately, which is the point of EFCA. It assumes that the initial petition is the gold standard for union desirability and declares that, if a majority of employees state on the petition that they want to unionize, then a union is immediately formed. This way, employer interference in the unionizing process is minimized.
Contrary to anti-EFCA propaganda, the legislation does not “eliminate” the secret ballot. If a union petition garners greater than 30% but less than 50% of employees’ approval, then the secret ballot process is initiated. EFCA does only what makes sense: namely, if at least half of the employees in a firm support a union, then the union is created. The in-between time is often useful only for anti-union employers, who will use the time either to persuade or to threaten.
So, I’ve totally changed my opinion of EFCA. All else equal, making union formation easier is not a bad thing.
Swine Flu, Joe the Plumber, GOP, Oh My!
May 20, 2009 by Michael Hayne, Writer | 1 Comment |
This is my first podcast covering politics from my own unique angle. The purpose of my podcasts will be to delve deeper into the issues and to report the things that the mainstream media often misses. All of this will come from a place of humor, irony, and sarcasm. The world is a complicated and scary place. If you don’t stop and laugh, you may find yourself confined to a padded cell.
This particular podcast looks back at the past two weeks and deals with the Swine Flu frenzy, Joe the Plumber and homophobia, and the current state of the Republican Party. The content includes the headlines of the day, analysis, soundbites, and a song that encapsulates the news of the day. In future podcasts, I hope to include interviews from experts, pundits, writers, and opinion makers.
I hope you enjoy! Swine Flu Podcast
Pakistan: Caught in the Crossfire, Part 1
May 16, 2009 by Moign Khawaja, Contributing Writer | 6 Comments |
“Yes, Pakistan may be a failed state. So what?” said Naveed. “I don’t care if my country is a failed state or not, but I do care who is behind its failures. They’re the ones I blame for failing my country.”
It’s been more than a year since I last saw my friend, Naveed, a 26-year-old marketing and finance graduate who is now a lecturer at an Islamabad University. He went back to his country soon after completing his Masters degree in Business Administration. When leaving for home, his mood was an eerie mixture of optimism and caution. “I’m confident that things will finally change in my country,” he said before boarding the flight. I remember his confident words but can’t forget the empty smile on his face. It seems to require more than confident words and smiles to live in a country where optimism and pessimism on any given day are as predictable as the flip of a coin.
Pakistan is a country where failure is rewarded. We like to live in a state of denial. We often believe that we have never been wrong or can be wrong. In the process we make many excuses to justify our actions.
LAMENTABLE HISTORY
“Moign, to understand my ‘lecture,’ as you put it, you have to understand the history of the country,” Naveed said jokingly. It seemed that he was once again enjoying the argumentative chats that we used to have in our free time while living together in student accommodation. Nothing seems to have changed since then.
Pakistan has a long history of foreign interference before there was any lawlessness, unemployment, corruption, civil mismanagement, or army intervention in the country. Soon after its birth in 1947 as a result of blood-strewn partition carried out by the imperial British, the infant state had to pick a master that would act as a caretaker of the country’s policies and safeguard its interests. The choices at that time were the USSR and the USA. The country’s first Prime Minister, Liaquat Ali Khan, embraced the latter. And the results of this “embrace,” as promised, were magical.
During the 1950s and 1960s, the new Pakistani master taught its new satellite state to be wary of two things — communism and grass-roots democracy. As a result, the rulers of Pakistan always kept these two “viruses” in check. Thousands of workers suspected of communist sympathies were put behind the bars and a general election was ruled out in favor of a “sustained democracy” that was “compatible with the country’s Islamic and social values.” Both of these decisions had a devastating effect on the country’s democratic identity and politico-economic activities.
Washington, the “torch-bearer of democracy” and “leader of the free world,” never raised an eyebrow when a military coup in 1958 overthrew the civilian administration in the then Pakistani capital city of Karachi. Instead, new accords of friendship and military partnership were signed that gave the Americans access to the Soviet’s backyard for the first time. The US military soon stationed U2 bombers in the country to keep an eye on Soviet activities in Central Asia. (One of these U2’s launched from Pakistan would of course be shot down by USSR surface-to-air missiles over Soviet skies on May 1, 1960.)
“This was the first time we pleased our masters and had bit of a misadventure,” a bitter Naveed remarked.
OBSESSION OF THE SOCIETY
“Islam, it seems to me, is a blanket term that defines our ambitions and justifies each and every deed performed in our political and social life. From politicians to common man, everyone has his or her own idea of Islam and chart their plans accordingly.”
Pakistan was created in the name of Islam with the founding leaders promising no room for ethnic partisanship and discrimination. But that’s not what really happened. The country witnessed its first bout of instability in 1952 when Bengal was stripped of its national language status despite the fact that it was spoken by more than half of the country’s population. The imposition of Urdu as the sole national language was seen as an imperial move that triggered riots across the eastern half of the newborn geographically disjointed state. This was the first time when the seeds of ethnic divide were sown in the newly cultivated fields of Pakistan.
The Pakistani army fought the Indian army in 1965 when its misadventures (which included covert military operations in Indian controlled Kashmir) backfired in occupied Jammu & Kashmir. New Delhi [India] then invaded our country to teach us a lesson. For the first time we raised the flag of Jihad against an occupying power and the then (military) rulers drummed up massive support – all in the name of Islam.
Naveed added that this is the official textbook version of Pakistani history, and not necessarily his.
From this time on, we have never looked back on the idea of our army as the vanguard of Islam, and we, as a nation, as the righteous people.
HEADS & TAILS
The situation got more interesting in 1970 after the first ever free and fair general elections for a parliament were held in both wings of Pakistan–East Pakistan (now Bangladesh) and West Pakistan (now Pakistan).
The Bengali separatist movement in 1971 complained that the majority Bengali ethnic group was being sidelined by the minority Punjabis that dominated the civil service and the military. They also accused West Pakistan of usurping the resources of East Pakistan and exploiting them. Statistically, they weren’t wrong as exporting jute produced in East Pakistan generated most of Pakistan’s revenues, while East Pakistanis suffered under grinding poverty.
“I think that was the first time we said: ‘Heads or tails, both flips of the coin are ours, hence we win the toss,” Naveed said while referring to an Urdu proverb that has a similar connotation.
A military operation was waged against Awami League, the party that was demanding more autonomy for the Bengali-dominated East Pakistan and a fair distribution of resources between both entities of the Pakistani federation. Though winning a clear majority in 1970 elections, Awami League’s leader, Sheikh Mujib-ur-Rehman, was denied the transfer of power and was instead arrested and tried for treason.
Disgruntled East Pakistanis took up arms against the powerful Punjabi-dominated Pakistani Army. A bloody civil war broke out in the eastern wing of Pakistan that saw the army, along with its pro-Islamic paramilitary groups, attempting to crush the separatist movement. Bengali separatists, thanks to the active support from India, soon weakened the grip of the Pakistani army in the eastern territory. The nine month long bloody movement witnessed countless massacres of innocent people and wanton destruction of property and infrastructure. The people’s power superseded the military’s might, and the Pakistani army surrendered to Bengali insurgents and their principal backers – the Indian army.
This is how we learnt the lesson. Or shall I say, this is how we are taught at school. We are told: This all happened due to some miscreants that created mistrust between us (Pakistanis) and Bengalis (Bangladeshis). India wanted to extract revenge and dismember us. But thanks to our valiant Islamic army we did not let that happen. We succeeded in keeping our western flank intact while giving our Bengali brothers the right to freedom.
Naveed’s tone while quoting his history textbook didn’t seem convincing to me, but I let him continue rather than dispute the textbook version.
HAPPY MASTER
Pakistan’s chief ally, the United States of America, of course did not practically intervene in the conflict. However, Islamabad enjoyed its tacit approval throughout the conflict. The USS Enterprise was dispatched to the Bay of Bengal in 1971 to boost the morale of its ally in the region. The hue and cry raised by human rights groups over genocides committed by the Pakistani army were ignored, and a steady supply of military hardware and ammunition flowed from the US.
The public was in shock when they found that the Pakistani army has surrendered to the Indian army and the Bengali separatists. No one could believe their eyes. Their army, strengthened by the spirit of Jihad, was defeated by the Indian army and their “mercenaries.” At least this is what was fed to them during the 1971 conflict.
Naveed insisted that people for the first time became wary of the Pakistani army’s alliance with the US army and lost their faith in the military as an institution.
“The surrender of 94,000 Pakistani military and paramilitary personnel was not a joke,” he added while referring to the fall of Dhaka on December 16, 1971. “All the architects of this humiliation got away with their crimes and were never brought to justice. The public felt betrayed by their own guardians,” he said while referring to the fact that though a formal inquiry of the war was conducted, the main players of the debacle were never punished.
HOLY ALLIANCE
After a brief interval of civilian rule from 1972 to 1977, a military regime returned from the barracks to instigate a coup d’état. Under an alleged agreement with the US, Pakistani military chief General Zia-ul-Haq overthrew Pakistan’s first democratically elected civilian leader, Zulfiqar Bhutto. Bhutto was later hanged to death on charges of treason and murder.
While other murder cases drag on for years and years, Mr. Bhutto was executed within five months. Lawlessness, vigilantism, police heavy handedness, extra-judicial murders, and many other problems stem from the dilapidated justice system of Pakistan.
Afghanistan was invaded by the USSR in December 1979, soon after General Zia took the reigns of the government. The Soviet invasion not only rang bells in Islamabad, but it also stirred unease in Washington, DC. With the Vietnam War’s humiliation in mind, the Americans seized on the opportunity to drag the Soviets into a long, bloody war that would deplete their power and leave them economically and militarily drained and exhausted.
Bureaucrats under the command of the then US Secretary of State Zbigniew Brzezinski initiated a plan that started the training of Afghan insurgents by the CIA months before the Soviet invasion of Afghanistan itself.
The US struck a holy alliance with the anti-Soviet insurgents who called themselves “mujahideen” – the ones waging Jihad in the name of God – to bleed the USSR army to death in Afghanistan and seek revenge for role in the Vietnam defeat. To me this was the height of hypocrisy demonstrated by both sides. While the capitalist Americans and Islamists in the Middle East and South Asia seldom saw eye to eye on any issue and often regarded one another as adversaries, they struck an alliance against communism. What a historic alliance it was!”
ARMY, INC.
While the world’s attention was set on the war in Afghanistan, General Zia-ul-Haq’s autocratic regime throttled the voices of reform and democracy in the country at the behest of his “Islamic agenda.” During his 11 years in power, the country never had free and fair democratic elections and the army, in connivance with the so-called Islamist forces, ruled with an iron fist. At this time, all important civil institutions like the judiciary, election commission, press, bureaucracy, and foreign service came under direct military control, and the army’s role in the country’s day-to-day affairs changed from an institution to a corporation.
The army initiated schemes for banking, insurance, heavy industries, housing, aviation, education, security firms, farms, and food production and soon became the country’s biggest enterprise. This in turn weakened private businesses, which stood no chance of competing with the military backed businesses due to their growing political and economic clout. Civil institutions also suffered a direct blow and languished due to deliberate neglect and apathy, partly due to political strife in the country.
General Zia-ul-Haq died in a mysterious plane crash along with many of his top generals and the US Ambassador on August 17, 1988. The country then returned to civilian rule after 11 years of military in power, but little changed on the ground. The army, instead of returning to the barracks, realigned itself and started interfering in politics by supporting its favorite candidates.
Naveed agrees with the view that Pakistan’s problems are not the result of a few years of mismanagement and chaos. “The crises have been brewing since the military eclipsed the civilian institutions and democracy was wound up in favor of a martial law in 1958,” the young Pakistani graduate said lamenting the fact that army’s role was only strengthened by the Americans. “We have never seen them (Americans) flaying military intervention in our politics. This is a mockery of democracy by any standards.”
“So what are the reasons behind the insurgency in the tribal regions of Pakistan including the latest bloodshed in Swat valley? What went so wrong that led the country to the brink of failure and to be labeled as a failed state?” I asked Naveed impromptu. Naveed, totally baffled by the complex nature of my questions, took me out for a walk. “Is it OK if I answer your questions in the open air? I need to breathe some fresh air,” he asked. I nodded and made a quick exit with him.
Why is the insurgency raging in many parts of Pakistan? Born in the tribal areas, whom will he blame for the deaths of innocent lives and suffering of millions of people? I kept on walking in the chilly evening wondering what he was going to say about the ground realities.
I will explore the answer to this and more in Part 2 of this two part series.
Journalism: The End or the Beginning?
May 11, 2009 by Scott Spjut, Writer | 1 Comment |
To say that traditional journalism is dying is an understatement. Journalism died 20 years ago, and Don Hewitt and Ted Tuner – not the internet – are who killed it.
A Bit of History
In the 1960s there were two main forms of journalism – print and broadcast. People got their news from the radio, television, or newspapers, and that was about it. And each of these media had its own vibrant and colorful history.
For newspapers, they had always been in it for the profits. Newspaper wars – like those between publishing giants Joseph Pulitzer and William Randolph Hearst – were fierce battles. Big, bold, and eye-catching headlines were used to sell papers – regardless of how newsworthy the story actually was. It was Yellow Journalism at its finest. By the mid-1900s things calmed down a bit, but newspapers – with their ad-based business model – were still in it for the money.
Starting in the 1950s, television news broadcasts grew in popularity, although they were by no means replacing newspapers. But the biggest difference between what showed up on doorsteps in the morning and what came out of the television at the night had to do with making money.
As mentioned, newspapers had always been expected to bring in profits – after all, the paper was their only source of revenue. However, television news had a whole network behind them. It wasn’t a necessity for the nightly news broadcast to have amazing ratings; it was seen more as a public service. A widely-watched, trusted nightly news program was just part of having a quality network. (The only such news programming that still exists is found on mission-oriented channels such PBS or CSPAN.)
The First Blow—TV News as Entertainment
Then came Don Hewitt and 60 Minutes in 1968. By the mid-70s, its hidden cameras, “gotcha” journalism, and investigative reports had made 60 Minutes one of the most watched shows on television (success they’ve continued to have). Better overall ratings meant CBS could charge more for ads and make more money. With ratings through the roof, other networks began to rethink their nightly news broadcasts. The 1976 film classic “Network” – which featured the first (fictional) TV anchor to be killed because of poor ratings – predicted this oncoming avalanche. By the 1980s, most networks abandoned the public service mission of their newscasts and worked harder to bring in the dough. Professional, newsworthy stories at times largely went out the door and were replaced with salacious and sensational coverage.
The Other CNN Effect
And while Don Hewitt and 60 Minutes may have been bad for traditional journalism, Ted Turner and CNN were arguably much worse. 1980 marked the arrival of 24-hour news, and the departure of what was left of traditional journalism.
CNN was the first 24-hour, all-news television network in the United States. They covered all the news they could, and if they needed to, they would repeat some news stories throughout the day (every half hour in the case of Headline News). This was great because most people watch the news in 20- or 30-minute segments, not all day long. And for several years, CNN was one of a kind. But the late 1980s brought CNBC, and a few years later Fox News and MSNBC were on the scene.
By 1997, all of these (and more) 24-hour news networks were in competition with each other. Because of this, there was a perceived (and, in this author’s opinion, falsely perceived) need to have content that was new and different from the other networks – something incredibly difficult when you’re already trying to fill 24 hours a day with a finite number of newsworthy facts (add to that the assumption that most viewers don’t care about most international content). Unique content had to come from somewhere else if they wanted to keep ratings high.
Pundits, analysts, and special guests were brought on to help bring another dimension to the news – commentary. But over the past decade, that dimension has taken over almost completely. The majority of shows on any given news network today focus on editorial news and interpretation of facts. Opinion has begun to crowd out content. Networks have devolved to a point where they, at times, fill their content almost entirely with speculation, commentary, and opinion. And when most of what is called “news” is really just angry people yelling at each other and trying to prove their point, it’s not journalism, it’s arguing.
But What About Newspapers?
Up until the last five or ten years, newspapers didn’t have to necessarily worry about 24-hour coverage. They would publish their paper the night before, send it in the mornings, and then go to work on that day’s stories. They may have placed the articles from that day on their Web site, but it wasn’t a medium in and of itself. But what CNN did to broadcast journalism, the internet and blogs did to print.
With the unprecedented growth of the internet, newspapers couldn’t satisfy their readership by only having the news of the day (or, in most cases, the previous day). They had to have breaking news, updates, and online-only stories. But the demand for unique content was greater than what could be supplied. So newspapers everywhere did the same thing as broadcast news – they put anything they could on their site, including speculation, editorial, and gossip. More and more reporters were expected to also be bloggers – not just focusing on the facts, but ranting about them as well.
Our Current State
As a news organization produces more and more opinion and editorial, it will naturally drift toward a certain ideology. This creates liberal or conservative networks or papers – instead of objective news. They may provide time or space for dissenting opinions, but only to disprove the opposite viewpoint. All of this has polarized journalism.
On top of all of this – the history, the struggles, the evolution – is, as previously mentioned, the internet. The internet changed the face, the appearance, and the distribution of news, but it wasn’t what necessarily destroyed it. The internet gets a bad rap in this regard. There have always been partisan news organizations (although not as mainstream as in recent years). And for those people who only want to hear the news they agree with, they know who to go to. Objective, traditional news has always been able to function alongside these more biased organizations. The internet shouldn’t change any of that. Hard news can still be hard news, and soft news can still be soft news. The problem with the internet is that, for some reason, it often seems to make these companies think they have to be everything to everyone – videos and audio and blogs. Perhaps what needs to happen is for each and every newspaper, television show, blog, and Web site to decide what niche it wants to fill.
There can still be, and are, national news organizations. Some have been able to remain rather objective – the Associated Press and Reuters – while others have found themselves drifting toward a certain side of the aisle – New York Times, Washington Post, CNN, Huffington Post, Talking Points Memo, Keith Olbermann, Bill O’Reilly, etc. And there’s nothing wrong with them promoting a certain ideal if that’s what they choose, but they shouldn’t necessarily try to disguise themselves as traditional news. There’s no need for them to pretend to be something they are not.
And there can still be local news organizations, although some of them have been the hardest hit by this shift in journalism. These organizations don’t necessarily have the resources to report on national news stories – except, perhaps, those that affect their local communities – and can continue to focus on traditional journalism. Generating revenue is difficult, but the solution isn’t necessarily to throw away everything that journalism used to be.
Solutions?
One possible solution is to get rid of the archaic, advertising-based business model most newspapers still abide by. One such organization, which has been seen as a pioneer in the future of journalism, is voiceofsandiego.org, which is professionally staffed, online-only, covers breaking news, produces ground-breaking investigative journalism, strives to increase civic participation, and – perhaps most surprising – is a nonprofit organization.
Frustrated with the coverage put out by the The San Diego Union-Tribune, the major newspaper in the area, voiceofsandiego.org was born and has since been featured on the front page of the New York Times and profiled in the Christian Science Monitor, received numerous journalism awards, and has been used as a model for similar organizations throughout the country. It relies primarily on donations and trusts in the idea that average people really do see the value of investigative reporting and information as a public good. This isn’t to say that every news organization needs to become a nonprofit. But for local newspapers and television stations – those who haven’t the desire, resources, or demand they once enjoyed – it’s an attractive option.
The Future
The future of journalism is unclear, but it doesn’t have to be. If each and every news organization establishes its own objectives, picks its market, and continues to produce a great product, it has nothing to worry about. But if a journalistic entity claims to be one thing and then works toward something else, it will do nothing but harm to its readership and its purpose. So while the distribution of journalism is changing, the principles of journalism don’t have to.
Same-Sex Marriage: Obama’s Lincoln Moment
May 9, 2009 by Daphne Muller, Writer | 10 Comments |
On Wednesday night, Governor John Baldacci of Maine signed legislation that he struggled to support. While governors are often pressed by their legislatures and constituents to support laws that they do not necessarily agree with, this bill—one that legalizes same-sex marriages—was a personal dilemma for the first-term governor. After weeks of agonizing over the decision, the Governor released a statement to the press that outlined the reasoning behind his eventual approval:
In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.
The first governor to sign a same-sex marriage bill, Baldacci touches on the heart of the same-sex marriage debate: The arguments for or against same-sex unions based on morality, religion, tradition, or any other logic is irrelevant. What matters is the law. And the equal protection clause of the Fourteenth Amendment of the Constitution that he refers to clearly states “[no] State [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Which means that, like it or not, from Baldacci’s perspective, gays and lesbians should be entitled to the right to marry if straight people are allowed to marry.
Over the course of the past several months, four states have legalized same-sex marriage in their states: Connecticut, Vermont, Iowa, and New Hampshire (Massachusetts legalized gay marriage back in 2004). Recently, both New York and Washington D.C. have decided to recognize same-sex marriages performed in other states. And now there is talk that New Jersey may become the sixth state to legalize same-sex marriage in the coming months.
Throughout this civil rights upheaval, President Obama and his administration have remained conspicuously mum. According to the New York Times, Obama has said that as a Christian he opposes gay marriage but remains a “fierce advocate of equality” for gay men and lesbians. And so far, he has remained true to that statement by pledging to sign a U.N. declaration, which Bush refused to sign before he left office, that calls for a worldwide decriminalization of homosexuality (the United States was the only western nation not to support the measure). Moreover, Obama has continually recognized qualified persons with same-sex sexual orientations for top level jobs: In his short time in office, he has appointed numerous openly gay officials for executive administrative positions and may be considering two prominent lesbian lawyers to replace Justice Souter on the Supreme Court.
Although the saying goes that “actions speak louder than words,” his silence is an action that may indicate his political discomfort with gay rights advocacy. During the election, he reiterated that same-sex marriage is an issue that should be decided by the states. And, to a certain extent, he’s constitutionally correct: There is currently no federal marriage license that any straight couple can apply for but, then again, opposite-sex couples who marry in their home state trust that their marriage will be honored no matter which state they travel to or live in. And while there is no federal law regulating straight marriages, the 1996 Federal Defense of Marriage Act passed by Congress regulates same-sex unions. The Act explicitly outlines that states do not have to recognize same-sex marriages or civil unions performed in other states. That is a gross discrepancy.
While Obama has said that he supports a repeal of that legislation and of the military’s “Don’t ask, Don’t tell” policy, he has remained virtually silent on the gay marriage issue since he took office and has chosen to not comment on the landslide of same-sex marriage laws in recent months. Although this issue may not seem like a priority for the administration when they have an economic crisis and two wars to contend with, it should be a priority for the president since Obama has repeatedly stated that he wants America to rebuild and renew its reputation in the world. In a 2007 article he wrote for Foreign Affairs, he stated:
At moments of great peril in the last century, American leaders such as Franklin Roosevelt, Harry Truman, and John F. Kennedy managed both to protect the American people and to expand opportunity for the next generation. What is more, they ensured that America, by deed and example, led and lifted the world — that we stood for and fought for the freedoms sought by billions of people beyond our borders. […] They used our strengths to show people everywhere America at its best.
Yet, how can those freedoms be realized if America does not follow its own laws and ensure that all of its own citizens receive the same “protection” under the law? If President Obama is going to continue to reiterate that marriage laws should be left to the states, then he should actively pursue a repeal of the Defense of Marriage Act since it is a federal measure. So too, if he wants America to “lead by deed and example” then he must show support for states that have passed inclusive marriage legislation and encourage others to do the same. It sets a very bad “example” to have some areas of the country have more “freedoms” for its citizens than others.
Or, Obama could take a cue from his favorite president, Abraham Lincoln. When Lincoln took office in 1861, he viewed slavery as a states’ issue and expressly stated that he had “no purpose, directly or indirectly, to interfere with slavery in the States where it exists.” However, two years later, he delivered his Emancipation Proclamation that freed the slaves because it was “an act of justice, warranted by the Constitution.” Certainly, it is thorny comparison between slavery and gay rights and America is not in a civil war where gay marriage is, like slavery was, the catalyst for domestic combat; nevertheless the United States is at a civil rights crossroads that needs to be addressed by the President. Had Lincoln chosen to never take that stand on slavery, decided to put it off until later, or thought he could leave the responsibility on to the next administration, Obama may have never even had a chance to be our president. Obama should take a page from the book of his presidential idol and realize that, regardless of the political risk, he is obligated as America’s national leader to stand up for the rights of all Americans.
Obama has continually said that he wants his presidency to speak to and for all Americans. In his famous Democratic nomination acceptance speech, Obama evoked Martin Luther King and reiterated that “now is the time” for the United States to rebuild and renew:
[I]n America, our destiny is inextricably linked, that together our dreams can be one. “We cannot walk alone,” the preacher cried. “And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back.”
Indeed, we cannot turn back and now is certainly the time.
Indian Elections – A Multiparty Masala
May 4, 2009 by James Mutti, Contributing Editor | 2 Comments |
This will be the first of two articles about this year’s Indian national elections and the first in a series of pieces about major elections in Asia this year.
The largest democracy on Earth is presently in the middle of national elections. In India, three out of five phases of voting have been completed, and in only two weeks the final results will be known. Indian elections are always rambunctious. The democratic process itself is chaotic, accommodating dozens of political parties, thousands of candidates, and around 700 million voters who live in the world’s biggest cities and most remote villages, speak dozens of languages, and represent thousands of castes across a shockingly wide socioeconomic spectrum. Corruption, violence, and outlandish campaigning are a part of elections in any given year. Newspapers and news channels flood the cities and countryside with relentless election news and gossip while politicians crisscross the country in frenetic campaigning that can draw crowds of hundreds of thousands of people. The frequent involvement of cricket and film stars lends an air of celebrity and glamour to the proceedings. Hindi-speakers frequently use the word tamasha to describe elections and politics – a word meaning a “spectacle” and “amusement.” It also connotes rowdiness and a sense of being outside of normal life.
This year’s national elections are no different. But last November’s terrorist attacks in Mumbai have raised concerns about serious violence interfering with the elections. Indeed, after a right-wing Hindu nationalist candidate made inflammatory anti-Muslim remarks in public speeches, a Muslim mafia don allegedly threatened to kill him. But, this is really just par for the course. So far, the press has said little about (presumably Pakistani-based) Muslim militants planning any attacks during the elections. The larger threat – during the first two phases of polling at least – were Maoist guerrillas known as Naxalites, active in many of India’s poorest rural regions, who called for an election boycott and carried out murderous attacks on police forces, detonated bombs, and hijacked a train, leading to the deaths of over two dozen people.
With that said, the chance that India’s elections will be derailed by any violent organization or event is exceedingly small. Barring an unprecedented attack in India, this year’s National Assembly (Lok Sabha) elections will be completed relatively smoothly and on time. With the counting of votes on May 16, the election will come to a climax, and it is difficult at this point for anyone to imagine what is likely to happen. By all accounts, this election is a toss up, and the Election Commission’s ruling that exit polls and post-poll surveys be banned have made it even more difficult to predict what may happen. Complex coalition politics, which have dominated national politics in India since the 1990s, makes this election more unpredictable than the typical close US election, and this year’s addition of a third and an even smaller fourth coalition of regional parties makes these 2009 elections more jumbled than the last national elections five years ago. The stunning emergence of the Bahujan Samaj Party (BSP) since 2004 has also complicated matters.
Consider: The ruling United Progressive Alliance (UPA), led by the secular, centrist Congress Party, is currently a coalition of 16 parties. The UPA has ruled since 2004 and can claim a rather ho-hum record that is neither impressive nor a failure. The alliance that ruled from 1999-2004, and which has sat in opposition since, is the National Democratic Alliance (NDA), led by the right-wing Hindu nationalist Bharatiya Janata Party (BJP), which has recently been beset by serious infighting and an unclear message for voters. It now contains 10 parties. Until now, these two alliances were the only ones to wield enough power to gain control at the center. The Congress and the BJP have been the largest parties since the 1990s, but their support has gradually been chipped away by communist, regional, and caste-based parties. Until recently, these smaller parties had no choice but to ally themselves with the Congress or the BJP if they wanted to play a part in national politics. However, this year a Third Front has emerged, gambling that a coalition of such parties can perhaps capture as many seats as the UPA and the NDA. This would enable these parties to take power without bowing down to the two parties that have dominated national politics for the past two decades.
With this development, parties are jockeying for power and weighing their options before and after the elections. While some parties have committed to one alliance or another, other parties are waiting until after the votes are counted to pick a side. And whichever alliance is asked to form a government will, with some serious political wrangling, likely attract new parties to its side – whether they have committed to another or not.
In this day and age, this is how elections in India are won and lost. The mathematics and the political sticks and carrots necessary for building a winning coalition have all but drowned out issues, personalities, and ideologies. For evidence of this, just follow the Indian news. The vast majority of election coverage is currently speculation about likely alliances or defections, not about issues. Of course, certain events and issues may shape an election, but they must be extraordinary. Though this is a national election, voters are choosing local candidates (in India’s parliamentary democracy, the party or coalition with the most candidates elected forms the central government). And these local candidates must address local issues – issues which often don’t change a great deal in much of India. Who can ensure electricity, drinkable water, better roads, better health care facilities, and better schools? And with such a plethora of political parties catering to specific caste and religious sensibilities, many voters will simply vote their caste or religious identity. For this reason, I doubt that, aside from Mumbai and maybe other large Indian cities, the issue of terrorism will be important. Nor will the global economic crisis. What will be most important in these elections are the alliances that are negotiated. For now, those alliances have yet to cohere. And there are enough wild cards in the deck that the final outcome is anyone’s guess.
Top Three Reasons I Think I Can Write Top Ten Lists
May 4, 2009 by Scott South, Senior Writer | Leave a Comment |
Dear Dave:
So—you’ve seen fit not to hire me, huh? Reject all my submissions, will you? Well so be it. I have a few TOP TEN LISTS OF MY OWN, YOU KNOW!
Sincerely,
Scott
Top Ten Reasons Justice Souter is Leaving the Supreme Court:
10. He’s been offered a stand-up comic gig in the Poconos.
9. Doesn’t really like climbing New Hampshire mountains—it’s just that he got fresh with Justice Ruth Ginsberg and she told him to take a hike.
8. You can’t get a decent maple snow cone in Washington.
7. Needs to bone up on constitutional law by watching “Matlock” reruns.
6. “I want to spend more time with my groupies,” he said.
5. Missed 19 seasons of “Guiding Light.” Must fill the hole in his life.
4. In DC he keeps getting mistaken for General Petraeus and ordered back to Iraq.
3. Embarking upon an epic search to find a footnote he lost during his “intellectual lobotomy.”
2. Feels strange attraction to “The Mummies” rock formation in North Woodstock, NH.
…and the number one reason Justice Souter is leaving the Supreme Court:
1. Prefers to judge wet t-shirt contests.
Top Ten Reasons Hot Married Moms Should Have an Extramarital Fling With Me:
10. I can spell a-f-f-a-i-r.
9. I fell off the turnip truck in a classy neighborhood.
8. Learned recently that “foreplay” is not a golf term.
7. I speaka de English
6. Wondering if I’ll find money under the mattress when I flip it.
5. Dave Letterman might hire me after reading this.
4. My bra size is also—oops. Never mind.
3. Need another reason to commute 43 miles on Houston highways.
2. I’m the Avis of playboys but I try harder—get it?
…and the number one reason to have an extramarital fling with me is:
1. Anticipation? Anticipate THIS.
Speaking of marital and extramarital affairs, I now have the
Top Ten Reasons Miss California Campaigns Against Gay Marriage
10. Born too late to campaign against interracial marriage.
9. Thinks male gay sex results in babies with two penises and four testicles.
8. Even Rock Hudson was married to Doris Day…wasn’t he?
7. Duh…
6. While performing breast implants, surgeons accidentally transplanted her jellied brain to her breasts and inserted a cadaver’s brain in her head.
5. What’ll people want next—to marry their dogs?
4. “I’m married to Jesus, and Jesus wasn’t gay. Jesus was married to God,” she said. “Oh, wait a minute. It’s only Catholic nuns that are married to Jesus, right? Never mind.”
3. Duh…
2. She got confused and made a mistake. When she was 11, her mom told her no more PLAY marriage (with the creepy boy next door).
…and the number one reason Miss California campaigns against gay marriage is:
1. Wants to marry Elton John.







