Radical Reading in Education, Part 2

Tonight Glenn Beck alerted his audience to the fact that the problem isn’t limited to Fondy – it turns out the National Education Association’s website has a page recommending the works of an author “widely recognized as the father of, and pre-imminent expert in, grassroots organizing” – Saul Alinsky.

Yeah, that guy.

Paging John Boehner, Jim DeMint, Paul Ryan, Michelle Bachmann…any of you feel like maybe trying to do something about this sort of thing for once?

Around the Web

At NewsReal, David Swindle asks the disaster-in-chief a darn good question about Islam.

Fox News’s usually-apolitical Dr. Manny Alvarez calls out Dingy Harry on Democrat racial profiling.

More on Prop. 8: Professor Nelson Lund has a good summary of the issue, while Father Roger Landry highlights Vaughn Walker’s ideology and the potential threat to religious liberty in his decision. And has Walker been buttering up Anthony Kennedy all along?

Did…did Connecticut Republicans really just choose the candidate from the WWE to run against a phony Vietnam vet when they had a real Vietnam vet to choose from? Why?

Another Palin hater isn’t quite what she appeared to be. (Hat tip: Ann Coulter)

Gee, what a surprise.

What Have Other Courts Said About State Marriage Protection? UPDATED

For what it’s worth, many courts would have upheld Proposition 8:

New York Court of Appeals? Upheld in New York:  

The majority decision, written by Judge Robert S. Smith, who was appointed by Gov. George Pataki, found that limiting marriage to opposite-sex couples could be based on rational social goals, primarily the protection and welfare of children. “Plaintiffs have not persuaded us that this long-accepted restriction is a wholly irrational one, based solely on ignorance and prejudice against homosexuals,” Judge Smith wrote in his 22-page opinion. For example, he wrote, it could be argued that children benefit from being raised by two natural parents, a mother and a father, rather than by gay or lesbian couples.

US 8th Circuit Appeals Court? Upheld in Nebraska:  

Loken noted “historical fact – the institution of marriage has always been in our federal system, the predominant concern of state government. … This necessarily includes the power to classify those persons who may validly marry.” Citing the recent decision of the New York Court of Appeals, the circuit court found two justifications for Nebraska’s marriage law. First, it noted that the state had a legitimate interest in inducing opposite-sex couples, who could unintentionally bear children, into stable relationships. Second, the state could base its law on the traditional notion that children do best when raised by two parents of the opposite sex. The court found that both these interests were rationally related to Nebraska’s constitutional amendment. The court also rejected the plaintiffs’ claim that this case was controlled by the U.S. Supreme Court decision in Romer v. Evans. Romer involved a state constitutional amendment that invalidated certain local ordinances prohibiting discrimination on the basis of sexual orientation. The Romer Court held that the amendment was not rationally related to a legitimate state interest, but was clearly the result of “animus.” 

Maryland Court of Appeals? Upheld in Maryland:

In an opinion signed by four judges, Judge Glenn T. Harrell Jr., citing a Supreme Court holding on judicial restraint, wrote that, absent evidence of discrimination, “judicial intervention is generally unwarranted no matter how unwisely we may think a political branch has acted. In declaring that the State’s legitimate interests in fostering procreation and encouraging the traditional family structures in which children are born are related reasonably to the means employed by [the law banning same-sex marriage], our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the reasons,” wrote Harrell, who is retired from the court but participated in the decision because he was a member when the case was argued.

California Supreme Court? Upheld before Walker:

California’s historic 2008 ruling, written by Chief Justice Ronald George, repeatedly invoked the words “respect and dignity” and framed the marriage question as one that deeply affected not just couples but also their children. California has more than 100,000 households headed by gay couples, about a quarter with children, according to 2000 census data.

(For what it’s worth, the LA Times notes that “Gay rights lawyers had no solid legal precedent on their side, and some of the court’s earlier holdings on constitutional revisions mildly undercut their arguments.”)

Washington Supreme Court? Upheld in Washington:

Johnson wrote that the Legislature had “a compelling governmental interest in preserving the institution of marriage, as well as the healthy families and children it promotes. This conclusion may not be changed by mere passage of time or currents of public favor and surely not changed by courts.”

UPDATE: The Institute for Marriage and Public Policy has a new report on this very subject [PDF link].

These Dogs Don’t Hunt

This week I found myself in the middle of a fight between conservative media blog Johnny Dollar’s Place and liberal smear blog NewsHounds, with NewsHound Priscilla falsely claiming that a Johnny Dollar contributor plagiarized something I wrote for NewsReal back in May. Predictably, the smear turned out to be bogus – you can see my rundown on NRB here, to which Johnny kindly links here.

It seems Priscilla has gone into damage control mode:

[W]hile “Blackflon” did explain the origin of the quote on his original comment with Mr. Freiburger’s quote, that doesn’t excuse him from not using quotes in subsequent comments. 

So now the charge is reduced from plagiarism to merely being too lax in listing one’s sources. I guess this is the closest Priscilla will come to admitting that Blackfon wasn’t deliberately passing off my work as his own. And I’m sure our Arbiter of Blogosphere Commenting Etiquette holds her own commenters to such rigorous standards…right?

Surely, if Mr. Freiburger writes a term paper on – say – Shakespeare and, after using a quote from one of the plays, does not use quotation marks in subsequent use of the quote, his professor might not be pleased. 

Uhh…it’s not an academic paper. It’s a BLOG COMMENT SECTION. Where people go for informal, impromptu discussion of political issues. I knew she was petty, but this…wow.

And if Mr. Freiburger thinks that I’m going to waste my time responding to his original charges, he’s “barking up the wrong tree.” All I will say is that I stand by my original contention that Sean Hannity is a racist and that Mr. Freiburger’s defense of said racism suggests that he too might harbor the same sentiments. 

In other words, she doesn’t care that she writes demonstrable, vicious lies about people, and if I notice, that probably makes me a racist too. I think this says all we need to know about NewsHounds’ credibility. Thanks, Priscilla!

Mr. Feiburger, a student at Hillsdale College, needs to realize that he’s just a right wing blogger – in the same sense that I’m, as he calls me, a lefty blogger. He really is overinflated with his sense of self-importance.

If criticizing someone for defaming people is a sign of “self-importance,” then how self-important must the original act of defamation be? And wait! Now it’s “just” the blogosphere? I thought that a minute ago, even individual blog comments had to be held to the rigor of college term papers…

Ah, leftist demagogues…the gifts that keep on giving.

Flashback: A Hill to Die On

Don’t take my word for it that conservative opponents of standing for marriage – yes, even David Horowitz – are terribly, dangerously wrong. Last April, Robert Stacy McCain penned a must-read American Spectator column on why surrender is not an option:

Grant the radicals everything they demand today, and tomorrow they will return with new demands that they insist are urgently necessary to satisfy the requirements of social justice.

When they refer to themselves as “progressives,” radicals express their own basic truth: Their method of operation is always to move steadily forward, seeking a progressive series of victories, each new gain exploited to lay the groundwork for the next advance, as the opposition progressively yields terrain. Such is the remorseless aggression of radicalism that conservatives forever find themselves contemplating the latest “progressive” demand and asking, “Is this a hill worth dying on?”

My own instinct is always to answer, “Hell, yes.” Nothing succeeds like success and nothing fails like failure. Ergo, to defeat the radicals in their latest crusade (whatever the crusade may be) is to demoralize and weaken their side, and to embolden and encourage our side. Even to fight and lose is better than conceding without a fight because, after all, give ’em an inch and they’ll take a mile.

This explains much about why I disagree with some conservatives who say we should not expend much effort defending traditional marriage against the gay-rights insurgency.

Some conservatives are wholly persuaded by the arguments of same-sex marriage advocates. Others, however, are merely unprincipled cowards and defeatists. Concerned about maintaining their intellectual prestige, some elitists on the Right do not wish to associate themselves with Bible-thumping evangelicals. Or, disparaging the likelihood of successful opposition, they advocate pre-emptive surrender rather than waging a fight that will put conservatism on the losing side of the issue.

Yet if the defense of traditional marriage — an ancient and honorable institution — is not a “hill worth dying on,” what is? In every ballot-box fight to date, voters have supported the one-man, one-woman definition of marriage. As indicated by exit polls in California last fall, this is one issue where the conservative position is widely endorsed by black and Latino voters. Should such a potentially promising political development be abandoned?

Stacy goes on to expose the seeds of gay marriage in the radical feminism of the 1970s, which sought to confuse gender equality with gender sameness, and point out that the conservatives of the era, busy with the fight against Communism, largely dismissed it as a mere social-issues distraction, thereby allowing themselves to be distracted from the Left’s designs…a mistake, I fear, much of the Right is repeating with Islam.

It Begins: Republicans Running Away from Marriage

Speaking of Republicans being their own worst enemies

Needless to say, I couldn’t agree less with Doug Mataconis and the Republican leaders to which he refers:

Certainly, there are areas of the country where taking a strong stand on gay marriage won’t hurt, and very likely could help, a Republican candidate. For the most part, though, it’s fairly clear that this year’s electorate is focusing on the economy and jobs, not whether or not the two guys in Apartment 3B can get a marriage license or not. If the GOP is smart, which is I admit an unanswered question, they’ll keep quiet on this and let the case make it’s way through the Courts.

Problem Number One: I don’t think this is a losing issue. Though the poll numbers are narrowing, many still show majorities opposed to redefining marriage. And as I said yesterday, 4/5 of the states have marriage protection legislation either on the books or in their constitutions. And this is all with national Republicans virtually silent on the issue. (And it’s not for nothing that Barack Obama won’t endorse same-sex marriage…) Especially considering the fact that the political winds are turning against the idea of the elite few telling states what to do, it’s high time our leaders tried their hand at, well, leading public opinion instead of following it for a change.

Problem Number Two: The post is all about strategy; no mention is made of principle. If Proposition 8 is an judicial affront to the rule of law, and if redefining marriage is fundamentally wrong, isn’t it worth some degree of political risk to say so? Doesn’t our political parties owe anything to the public good?

Defending Marriage: What Comes Next?

With another judge attacking marriage in California, the next question is where we go from here. Higher courts will review the decision, of course, but whatever they decide, you can be sure the legal challenges to state marriage definitions will keep coming. It’s difficult to see how true marriage and the will of the people can be secure without a constitutional amendment of some sort, whether it’s an outright national definition of marriage or a man-woman union or simply language revoking the judiciary’s right to address the matter.

How plausible is either scenario? More so than you might think. According to the National Conference of State Legislatures, 41 states currently preserve marriage legislatively, and 30 have put it directly in their constitutions. So public support is already a good chunk of the way to the 38-state threshold that would be necessary to ratify an amendment to the Constitution, and an increased perception that the courts won’t let the people make their own decisions (which may be fueled not only by this, but also by the feds suing Arizona and potential copycats, as well as legal battles over individual healthcare mandates) could be enough to push them the rest of the way.

Ironically, the biggest wild card I see is the likelihood of the Republican establishment running away from the issue out of perceived political expediency. We can always count on the GOP to pull defeat from the jaws of victory…

Why Do People Believe Irrational, Simplistic Things?

And why are they so insistent upon holding on to those things in the face of clear evidence to the contrary?

It’s actually not as surprising as it might seem at first. I think conspiracy theorists and fringe types are often motivated by the same thing: humans are naturally tempted to seek simple answers to complex questions. We want to solve our problems in as few steps as possible, and it can be hard to acknowledge that life just doesn’t work that way. It’s comforting to

Birthers hate Barack Obama so much that they succumb to fantasies about a way to remove him from office that’s supposedly easier and can be achieved earlier than defeating him electorally in 2012.

The same goes for those who insist that George W. Bush stole Florida in 2000.

9/11 Truthers can’t bring themselves to imagine that a series of events ultimately rooted in government incompetence and human error could have allowed a handful of people from what they see as a drastically inferior part of the world to carry out such a horror on their own.

Isolationists seek a quick and easy fix to international dangers like Islamic radicalism. If we don’t have a presence over there, they won’t want to bother us here. (Iraq & Afghanistan are separate issues: to these guys, the wrath of the entire Middle East can hinge upon the presence of but a single US military base on foreign soil.)

The more dogmatic libertarians simplistically assert that society will be near-perfect as long as we let the government do virtually nothing, because they see government as the source of all social illness. While they’ve got a strong case that the private sector will generally be more effective than public, they hurt both by overselling the former and underselling the latter.

And progressives seek to legislate social ills like racism and poverty out of existence. They can’t admit that information is too dispersed, and that human behavior isn’t malleable enough, to make centralized government solutions work, or that there are always behavioral and psychological factors at play that public policy can’t always alleviate – and in fact, can often make worse.

These tendencies are annoying, frustrating, and counterproductive, but they’re also natural. Humanity will never be fully rid of them, so their mere existence is hardly worth freaking out over. The real issue is whether or not the mainstream indulges or embraces the fringe – and one side has a much better record in that regard than the other.

Tyrannical Judicial Malpractice in California

A federal judge has ruled California’s Proposition 8, which maintains the definition of marriage as a man-woman union, unconstitutional. I have a post condemning the ruling slated to be published on NewsReal later today (UPDATED: here’s the link); in the meantime, National Review has some must-read analysis on the decision.

Ed Whelan on Judge Vaughn Walker’s bias:

From the outset, Walker’s entire course of conduct in the anti-Prop 8 case has reflected a manifest design to turn the lawsuit into a high-profile, culture-transforming, history-making, Scopes-style show trial of Prop 8’s sponsors. Consider his series of controversial — and, in many instances, unprecedented — decisions:

Take, for example, Walker’s resort to procedural shenanigans and outright illegality in support of his fervent desire to broadcast the trial, in utter disregard of (if not affirmatively welcoming) the harassment and abuse that pro–Prop 8 witnesses would reasonably anticipate. Walker’s decision was ultimately blocked by an extraordinary (and fully warranted) stay order by the Supreme Court in an opinion that was plainly a stinging rebuke of Walker’s lack of impartiality.

Take Walker’s failure to decide the case, one way or the other (as other courts have done in similar cases), as a matter of law and his concocting of supposed factual issues to be decided at trial. 
Take the incredibly intrusive discovery, grossly underprotective of First Amendment associational rights, that Walker authorized into the internal communications of the Prop 8 sponsors — a ruling overturned, in part, by an extraordinary writ of mandamus issued by a Ninth Circuit panel consisting entirely of Clinton appointees.

Take Walker’s insane and unworkable inquiry into the subjective motivations of the more than 7 million Californians who voted in support of Prop 8.  

The NRO Editors:

What Walker did not prepare us for is the jaw-dropping experience of reading his sophomorically reasoned opinion. Of the 135 pages of the opinion proper, only the last 27 contain anything resembling a legal argument, while the rest is about equally divided between a summary of the trial proceedings and the judge’s “findings of fact.” The conclusions of law seem but an afterthought — conclusory, almost casually thin, raising more questions than they answer. On what grounds does Judge Walker hold that the considered moral judgment of the whole history of human civilization — that only men and women are capable of marrying each other — is nothing but a “private moral view” that provides no conceivable “rational basis” for legislation? Who can tell? Judge Walker’s smearing of the majority of Californians as irrational bigots blindly clinging to mere tradition suggests that he has run out of arguments and has nothing left but his reflexes.

But the deeper game Judge Walker is playing unfolds in those many pages of “fact finding” that make up the large middle of his ruling. There, through highly prejudicial language that bears little relation to any fact, the judge has smuggled in his own moral sentiments — in precisely the part of his opinion that would normally be owed a large measure of deference in the appellate courts. To take one example: It is hardly an incontrovertible fact that “Proposition 8 places the force of law behind stigmas against gays and lesbians.”  But there it is, as finding No. 58. With “facts” like these, and appellate judges disinclined to question them, Judge Walker plainly hopes to propel this case toward a gay-marriage victory, regardless of how transparently weak his legal conclusions are.