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OPINION
LEFT TURN/RIGHT TURN
Mountain Views News Saturday, March 16, 2013
HOWARD Hays As I See It
Mountain
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Susan Henderson
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Dean Lee
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Howard Hays
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Peter Dills
Hail Hamilton
Rich Johnson
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Deanne Davis
Despina Arouzman
Greg Wellborn
Dr. John Talevich
Ben Show
Sean Kayden
Jasmine Kelsey Williams
STUART Tolchin..........On LIFE
IS THERE A SECRET?
“What was the New Deal
anyhow? . . . It was, I think,
basically an attitude - an attitude
that found voice in expressions
like ‘the people are what matter to
government’, and ‘a government
should aim to give all the people
under its jurisdiction the best
possible life’.
“The New Deal began on March 25, 1911 - the
day that the Triangle Factory burned.”
- Frances Perkins
The Supreme Court this past week heard
arguments on two notable matters. One was
whether equal rights should be subject to popular
referendum.
They’ve dealt with this question before,
notably in 1967 in the matter of Loving v.
Virginia. Mildred and Richard Loving, a black
woman and white man, had been sentenced to
a year in prison for having married each other,
in violation of Virginia’s anti-miscegenation law.
The Court ruled that no, rights and protections
guaranteed by our Constitution are not subject to
veto by regional popular vote or state legislatures.
As to relevance to the current matter before
the Court, Mildred Loving, a year before she died,
put it this way in 2007 – the fortieth anniversary
of the decision: “I believe all Americans, no
matter their race, no matter their sex, no matter
their sexual orientation, should have that same
freedom to marry. . . I am still not a political
person, but I am proud that Richard’s and my
name is on a court case that can help reinforce
the love, the commitment, the fairness and the
family that so many people, black or white, young
or old, gay or straight, seek in life. I support the
freedom to marry for all. That’s what Loving, and
loving, are all about.”
The second matter pertains to the Defense
of Marriage Act. I’ll the first to stand in defense
of marriage, but wanted to see where it most
needs defending. To do that, I looked at divorce
statistics from the U.S. Census.
In 2009, the most recent year from which
statistics on individual states are available, the
U.S. rate of divorce per thousand in population
was 3.4. Currently there are nine states and the
District of Columbia that allow gay marriage.
The average divorce rate in these states was 2.7 –
well below the national average. (The average for
the four states that already allowed gay marriage
in 2009 was 2.8).
There were figures available for 25 of the 29
states that ban gay marriage through statute and/
or their state’s constitution. The average divorce
rate in these states was 3.9 – higher than the 3.4
nationally, and far above those states that allow
gay marriage.
The Supreme Court decision, of course,
could affect the entire nation, so a country-wide
comparison would be appropriate. Canada
enacted nation-wide marriage equality in 2005.
Three years later, their divorce rate stood at 2.1.
The lesson here is that the strongest, most
long-lasting marriages are to be found in those
places that enjoy marriage equality.
Last week I wrote of how news of the new
Pope seemed to overshadow the anniversary of
the Iraq War. While this week was all about the
gay marriage debate, there’s another anniversary
that warrants commemoration.
On March 25, 1911, 146 workers, mostly
daughters of recent Jewish and Italian immigrants
age 16 to 23, perished at the Triangle Shirtwaist
Factory in Greenwich Village, New York. These
ladies had been working nine hours a day
Monday through Friday, seven on Saturday, for
between $7 and $12 a week.
Fire started on the eighth floor of the 10-story
Asch building. There were no functioning
alarms; exits and escape doors had been routinely
locked to prevent theft and unauthorized breaks.
Twenty perished when a faulty fire escape
collapsed and fell 100 feet.
One witness recounted how he “looked up
at the burning building, saw girl after girl appear
at the reddened windows, pause for a terrified
moment, and then leap to the pavement below . .
. The emotions of the crowd were indescribable.
Women were hysterical, scores fainted; men
wept as, in paroxysms of frenzy, they hurled
themselves against the police lines.”
Among those in the crowd was social worker
Frances Perkins. Charged with heading up a new
Committee on Public Safety (derided as “do-
gooders”), she got the backing of state legislative
leaders like future N.Y. Governor Al Smith, and
Smith’s successor as governor, Franklin Roosevelt,
pushing through legislation on worker safety, fire
extinguisher and alarm requirements, workplace
eating and toilet facilities, and limiting work
hours for women and children.
Roosevelt brought Perkins to Washington as
his Secretary of Labor – the first woman to serve
in a presidential cabinet. In addition to being
a central figure in New Deal programs like the
Civilian Conservation Corps, Public Works
Administration and National Recovery Act, she’s
responsible for much of what we now take for
granted; workplace safety regulation, child labor
laws, the forty-hour workweek, minimum wage
and overtime laws – and Social Security.
I thought of that “attitude”, that “government
should aim to give all the people under its
jurisdiction the best possible life”, in contrast
to efforts underway in the Supreme Court to
have government do the very opposite - to place
restrictions on fellow Americans in their own,
very personal, “pursuit of happiness”.
Getting back to the Triangle Shirtwaist Factory
story; the Factory’s owners, Max Blanck and
Isaac Harris, were indicted but found not guilty
on criminal charges. They then lost a civil case
in which they were assessed $75 per deceased
victim. However, they collected a $60,000
insurance settlement which amounted to $400
per victim.
Two years after the tragedy, in 1913, Blanck
was arrested for violating the new regulations by
again locking his factory doors during working
hours. He was fined twenty bucks.
The other day as my dog, Milo, and I were
making our customary walk around the circle
in the canyon, we met a neighbor who was
walking down the hill. She is a teacher and
was running kind of late and had to walk fast
but I assured her my dog and I could keep up
with her. Well, even though she is older than
I am my dog and I could not keep up the pace, and I can’t blame
my dog. I’ve been living in this canyon for 38 years and can easily
remember when I used to run every morning up and down these
hills and then would head off to work, pick up the kids, get dinner,
and finish the day off by playing a little tennis. Well, let’s face
it—the “kids” are now 40 and as energetic as I seem to remember
myself in the past, it is now the present and I cannot even stay
apace with 70 year-old School teachers.
Milo and I were forced to admit defeat and said good-bye to
the neighbor and prepared to turn back and walk back up the hill.
I looked up and really didn’t feel like struggling home. I made
a bold decision to continue down the hill and go to a restaurant
for breakfast. I didn’t have to be in Court until 1:30 and until
then Milo and I were free males, independent and in control of
the world. Together we walked a few pleasant blocks down the
hill, arrived at a breakfast place and seated ourselves outside and
ordered. As a free, independent male I next noticed that I did not
have either my morning medication or my wallet, but I did have
my cell phone. Yes, my first act of independence was to phone my
wife and ask her to meet us at the restaurant and to please bring my
medications and wallet. She was happy to meet us and said she was
sure that I would be happy to have her drive us home.
We had a pleasing breakfast and as we drove home we retraced
the route I had taken. On Laurel my wife noticed a wooden
cabinet with a sign on top that read Little Free-Library. We opened
the cabinet and saw that it was filled with books and contained a
sign that said take a book and replace it with another. Isn’t that a
wonderful idea? I plan to replace the book with another as soon
as I can (really) but since removing the book I have spent almost
every spare moment engrossed in the book I selected. The book
is 552 pages long and is entitled THE LAWS OF OUR FATHERS.
It is written by Scott Turow and seems personally intended for
me.
Why do I think that is a secret message to me? Well the initials
of the author (ST) are of course the same as my own. The first
letters of the author’s first name and the first two letters of his
surname combine to form my name (STU). So big deal. Listen to
this. There are two characters named Stuart in the book. The main
character grows up in Chicago and then goes to School in Berkeley,
just like me. He is a lawyer, like me, and writes a weekly column
like me. The book retraces his time at Berkeley during the ‘60’s
when I was there. He is a non- practicing Jew with good friends
who are Afro-American just like yours truly. His first marriage has
broken up and he has remained friends with his ex-wife, yes, just
like me and the substance of the book is a search for the secret, the
missing link that will give his whole life meaning.
Right now I’m only on page 485 and the secret has yet to
be uncovered. I am sure that if any secret is found I will be
disappointed ands realize that the Secret has little to do with me.
Nevertheless, I just cheated and read the last sentence of the book
which is “I think I’d like to raise her as a Jew,” he says. Sure I know
that this book is but one of many by Jewish Lawyer authors who
grew up in the 60’s and have experiences, ambitions and dreams
much like my own. Sure the author is a Dylan fan just like me and
I love the line “How many miles must a man walk down before you
can call him a CAB.
I wish that I had written that line but I didn’t. I guess that’s the
difference between this author and all the other authors and me.
They have published their books and I have not. Still, crazy as it
is, I like believing that this book is intended as a special message
to me. I like believing that it was somehow pre-ordained that I
would take the unusual morning walk with my neighbor and end
up retracing the route with my wife and discovering the Little Free-
Library and picking the book with the secret message intended just
for me. Maybe this message will motivate me to actually write the
book that I have always dreamed of but have never had the courage
to begin.
At this time of the year maybe it makes some sense to take
seriously events and intentions that make no sense to other people.
I think the important thing is how these messages personally
influence each one of us.
HAPPY PASSOVER and HAPPY EASTER
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THE GREAT MARRAIGE DEBATE
GREG Welborn
This week the U.S. Supreme Court is hearing
arguments about same-sex marriage. It is doing
so in the midst of an almost national state by
state debate over the role and definition of
marriage in our society. That debate is healthy
in that the concerns and desires of each side
are being vetted in the court of public opinion,
and each side can have confidence they have
an opportunity to be heard. As readers of this
column know, I have my own opinion on the
probity of same-sex marriage, but that is not the
purpose of this article. My concern here is the
necessity that this issue be resolved politically
and democratically. If the Supreme Court finds
that there is a constitutional right to same-sex
marriage, it will simultaneously guarantee
that this issue remains divisive and polarizing
for decades, and it will compromise all of our
freedoms in ways we cannot imagine.
As to perpetuating the divisiveness of the debate,
we need look no further than the Roe V. Wade
decision. The court ruled that there was a “right”
to an abortion and forced it into all the states.
As a result, this issue remains contentious today.
Since abortion is now a “right”, even if the whole
of the nation turned against abortion, we would
not be able to outlaw it. We can’t take away
“rights” by a simple vote. The only way to change
Roe V. Wade would be through another Supreme
Court case. Thus, every presidential election is
poisoned by the abortion issue because only a
future president could appoint enough justices
to overturn the decision. The people have been
stripped of their right to debate and settle it., so
the issue festers.
Do we want this corrosive situation again for
yet another significant societal-defining issue?
I think not and hope that Liberals as well as
Conservatives can see the wisdom in avoiding
such an outcome.
Let us now turn to the freedoms that are at
stake. If the court decides this issue by deciding
same-sex marriage is a civil right, then the
states’ freedom to regulate and police all manner
of domestic arrangements would be severely
restricted, and all of our religious freedoms
would be fatally compromised.
Currently, each state, through the democratic
process, regulates marriage, divorce, child
custody, adoption, etc. If the court decides that
same-sex marriage is a civil right, there can be
no debate about these domestic issues. We can’t
take away a civil right by the majority’s vote. One
of the cornerstones of our federal system, where
states are free to experiment and craft policies
which meet their respective citizens’ needs, will
be invalidated.
More important, however, are the religious
freedoms that
would disappear. To
understand this, we
must understand the
nature of the argument
for same-sex marriage.
Advocates are arguing
before the court that
defining marriage in
the traditional way
lacks any “rational
basis” and that such
definitions are borne of
animus toward homosexuals. They are forced to
argue this because it is the only way the justices
can justify overturning the laws reflecting the
will of the people.
Such claims should be dismissible at face value.
After all, are we really to believe that every major
religion in the world for thousands of years has
no other reason for defining marriage than
animus toward gays? Are we to believe that no
religion has the right to define marriage as a holy
covenant? Is there no rational basis for trying to
define a preferred structure for the family, which
is the most important building block of society?
All these must be believed in order to strike down
laws defining marriage as between one man and
one woman, and the result will be devastating to
religious freedom. We allow religions to define
their religious practices unless a true civil right is
violated. For example, we do not allow religions
to stone their members, imprison them or even
beat them for infractions. If same-sex marriage
becomes a civil right, then no church will be able
to ban it, restrict it, or consider it when hiring or
promoting its pastoral staff.
If religions are prevented from weighing in on
and defining the most basic structure of human
interaction, then religions will have no right to
define anything important. Religious groups
will face massive lawsuits and criminal actions
by local, state and federal agencies for civil rights
violations. The mere removal of tax-exempt
status would be enough to ruin most churches.
Whether you are for or against same-sex
marriage, this is an issue which must be defined
through the political process. If, instead, 9
justices make this decision, the issue will not
simply fade away, but our most basic and
cherished freedom will.
About the author: Gregory J. Welborn is a
freelance writer and has spoken to several civic
and religious organizations on cultural and
moral issues. He lives in the Los Angeles area
with his wife and 3 children and is active in the
community. He can be reached at gregwelborn@
earthlink.net.
RICH Johnson
A column two weeks in a row? Wow! Well,
here I am and I am weaving in and out
of the complexities of life that have been
handed to me these days. Hard times.
The temptation during epic periods of hard
time is to keep it to yourself. Who wants to
burden others with our difficulties. Please don’t do that. On the
same token don’t wear a sandwich board with all problems listed
on back and front. But do bring a couple of friends into your
inner sanctum. Share with them. Good friends will line up to
offer encouragement in a variety of ways and means. (By the way,
note to friends: We have two ears and one mouth for a reason”
Listen twice as much as talk. Most of us know the answers to
our problems. We just need to vocalize them and vent) Let a few
good friends be there for you. It is life sustaining and vital to your
wellbeing.
Okay, enough said. Now, to lighten the day let’s talk about two
medical school buddies.
These guys graduated at the same time but in two different
specialties. Still, they were such good friends they decided to
open a office together to share office space and personnel. Dr.
Smith was a psychiatrist and Dr. Jones was a proctologist (if you
don’t know what a proctologist is…look it up!)
They decided on a single sign on the outside of the building. It
read:
“Dr. Smith and Dr. Jones: Hysterias and Posteriors”
Well, the town council was livid and insisted they change it. The
docs changed it to:
“Schizoids and Hemorrhoids”
Still not acceptable to the council so they came back with:
“Catatonics and High Colonics”
No go:
“Manic Depressives and Anal Retentives”
Thumbs down again.
“Minds and Behinds?”, “Nuts and Butts?”, “Freaks and Cheeks?”,
“Loons and Moons?”
Finally at their wit’s end, the two doctors came up with something
the Town Council approved. Are you ready for it?
“Dr. Smith and Dr. Jones: Odds and Ends”
Have a terrific week. And remember, no man or woman is an
island. Reach out both in your need and in your desire to help
those in need.
TWO WEEKS IN A ROW
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