DEFENSE OF MARRIAGE ACT ruled unconstitutional by SCOTUS

As we say here in Carolina, HAIL YEAH!!!


From NBC NEWS:

Supreme Court strikes down Defense of Marriage Act, paves way for gay marriage to resume in California
By Pete Williams and Erin McClam, NBC News

In a landmark ruling for gay rights, the Supreme Court on Wednesday struck down the Defense of Marriage Act, the 1996 law blocking federal recognition of same-sex marriages.

The decision was 5-4, written by Justice Anthony Kennedy. It said that the law amounted to the “deprivation of the equal liberty of persons that is protected by the Fifth Amendment.” In a separate case, the court ruled that it could not take up a challenge to Proposition 8, the California law that banned gay marriage in that state. That decision means that gay marriage will once again be legal in California.

That decision was also 5-4, written by Chief Justice John Roberts.

The ruling on the Defense of Marriage Act means that the federal government must recognize the gay marriages deemed legal by the states — 12 plus the District of Columbia, before the California case was decided. The law helps determine who is covered by more than 1,100 federal laws, programs and benefits, including Social Security survivor benefits, immigration rights and family leave.

“DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,” the ruling said. It added that the law was invalid because there was no legitimate purpose for disparaging those whom states “sought to protect in personhood and dignity.”

President Barack Obama, in a post on Twitter, said that the ruling was a “historic step forward for #MarriageEquality.”

Kennedy was joined in the majority by the four members of the court’s liberal wing, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Dissenting were Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.

Scalia, in his dissent, wrote: “We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

Cheers went up outside the Supreme Court, where supporters of gay marriage waved signs, rainbow banners and flags with equality symbols.
The ruling comes as states are authorizing gay marriage with increasing speed and with public opinion having turned narrowly in favor of gay marriage. Under the law, gay couples who are legally married in their states were not considered married in the eyes of the federal government, and were ineligible for the federal benefits that come with marriage.

The case before the Supreme Court, U.S. v. Windsor, concerned Edith Windsor and Thea Spyer, a lesbian couple who lived together in New York for 44 years and married in Canada in 2007. When Spyer died in 2009, Windsor was hit with $363,000 in federal estate taxes. Had the couple been considered by the federal government to be married, Windsor would not have incurred those taxes. Kennedy, in the ruling, said that New York’s decision to authorize gay marriage was a proper exercise of its authority, and reflected “the community’s considered perspective on the historical roots of the institution of marriage and its evolving understanding of the meaning of equality.”

President Bill Clinton signed the act into law in September 1996. A court ruling in Hawaii had raised the prospect that that state might become the first to authorize gay marriage.

At the time, some members of Congress believed that the Defense of Marriage Act might be a compromise that would take the air out of a movement to amend the Constitution to block gay marriage.

LOLGOP just Tweeted: "Life would be so much better if Antonin Scalia just had a blog."

Ain't it the truth. Today, however, he just has to stand aside and DEAL WITH IT. Let the preachers all go cover themselves in ashes and sackcloth and REPENT--because their grandchildren will be as ashamed of them as southern white kids are now ashamed of their racist segregationist grandparents.

We will be covering this on our radio show today, so stay tuned.

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Latest in Nuke News

Last week, we interviewed Mary Olsen (of Nuclear Information and Resource Service) on Occupy the Microphone. (For the best in recent nuke news, check out NIRS.org)



Some of the news Mary shared with us:

[] In March, the NRC denied a third reactor to Calvert Cliffs nuke in Maryland:

The five-member commission [that oversees the US Nuclear Regulatory Commission] upheld an earlier Atomic Safety and Licensing Board ruling on the Calvert Cliffs 3 new nuclear reactor application, which had denied UniStar Nuclear Energy LLC’s application because of its failure to meet NRC foreign ownership requirements for US power reactors.

On Aug. 31, the three-judge ASLB denied a license for the proposed Calvert Cliffs unit 3 project because UniStar was bought out by Electricite de France in November 2010, resulting in 100-percent French ownership of UniStar.

[] In April, the Crystal River nuke in Florida was permanently shut down due to cracks in the containment dome and other problems; it has been offline since 2009 and has been a long-term headache for Duke Energy ever since:

The Crystal River plant in Citrus County, Florida, is operated by Progress Energy Florida. A failed repair to its thick reactor containment building led to repeated problems with cracking concrete in the structure.

Duke cited differences with merger partner Progress Energy last year over Crystal River’s condition. Progress CEO Bill Johnson, who was fired as chief executive of the combined companies, had favored repairing the 36-year-old plant.

But a Duke-commissioned engineering report late last year concluded that, while repairs were feasible, they could cost up to $3.4 billion in a worst-case scenario.

[] In May, the Kewaunee nuke in Wisconsin was permanently shut down:

The Kewaunee plant, which opened in 1974, was sold in 2005 to Dominion, based in Richmond, Va., by its owners, the Wisconsin Public Service Corporation and Wisconsin Power and Light. In the past, the lengthy decommissioning process that nuclear power requires was in the hands of local companies, which have had the option to go to a public service commission and ask for a rate increase to pay for the job if it proved unexpectedly difficult.

But Kewaunee was a “merchant” plant, a sort of free agent on the grid, selling its electricity on contract, at a price set by the market, not by the government.

...

Earlier this year, [Rep. Edward Markey] pointed out, the owners of the Crystal River 3 plant in Florida decided to retire it rather than repair its containment structure, because of unfavorable economics. Industry experts say that several reactors are operating at a loss while their owners wait for the glut of natural gas to disappear. How long that will be, and how many will last, is not clear.

“Once these old nuclear reactors shut down — as we’re seeing now — it will take 60 years and hundreds of millions of dollars to decontaminate them,” Mr. Markey said in a statement. “Taxpayers should have assurances that these nuclear relics don’t outlive their corporate owners and their ability to fund nuclear cleanup costs, leaving ordinary Americans to foot the bill.”

[] The NRC denied a license to Nuclear Innovation North America LLC for their proposed South Texas 3 & 4 Project (a joint venture between NRG Energy and Toshiba) because Toshiba owns a controlling interest in the nuclear reactors, in violation of US law:

The federal regulator denied the application of Nuclear Innovation North America LLC for a license to build the reactors, noting that Toshiba’s ownership stake in and “overwhelming financial contributions” to the project afford it a degree of control over the nuclear power plant that exceeds the limits of the Atomic Energy Act.

“The staff has determined that Toshiba, a Japanese corporation, through Toshiba American Nuclear Energy Corp. … its American subsidiary, is the sole source of financing for NINA,” the commission said in a letter denying the license.

[] Nuclear plant San Onofre 2 & 3 in California, has been shut down permanently, due to one disaster after another:

[The] nuke plant’s two operating reactors had already been shut down since January 2012. Southern California Edison’s decision to give up the ghost can be traced to its pattern of extreme mismanagement of plant operations, consequent huge financial losses, and the tenacious opposition that rallied local communities to take action to keep the unsafe plant shut down.

San Onofre is the largest nuclear power plant to be shut down in the US. One reactor was retired in 1992. The other two, just cut loose, formerly generated 2200 Megawatts of electricity to 1.5 million households. Located between San Diego and Los Angeles, the plant supplied power to 1.5 million households. 8.7 million people live within 50 miles of it. The two reactors at San Onofre had been scheduled to operate until 2022.

...

Long before Fukushima, San Onofre had already been having its own problems.
Reactor Unit 1, started up in 1968, had to be shut down in 1992 after problems with equipment that came back to haunt Edison with a vengeance in recent years at its other reactors.

In 2006 workers found radioactive water under Unit 1 that was 16 times more radioactive than EPA permitted levels for its presence in drinking water. And this was 14 years after that reactor had been shut down.
In August 2008 the Los Angeles Times reported “Injury rates at San Onofre put it dead last among US nuclear plants when it comes to industrial safety.” Later that year it emerged that a battery system, key to providing backup power to pump water to flood Unit 2’s reactor in case of a potential meltdown “was inoperable between 2004 and 2008 because of loose electrical connection,” the Nuclear Regulatory Commission reported.

And also in 2008, the Radiation and Public Health Project reported, in the European Journal of Cancer Care, that the counties nearest San Onofre, had the highest child leukemia mortality rates, of counties near nuclear power plants studied for the years 1974-2004.

...

All this led to 2009 and 2010, when Edison found it necessary to replace the four massive steam generators in San Onofre’s units 2 and 3. The original steam generators lasted over a quarter century, though they were supposed to last for the life of the reactors, 40 years. Steam generators facilitate the creation of steam to turn turbines to generate electricity in the type of nuclear plants most common in the US. Water pipes run through reactors and are heated by nuclear fuel. But this water also picks up lots of radioactivity. The steam generators have tubes that pass on the heat to another set up pipes that make the steam, while not passing on the radioactivity, which otherwise would escape into the environment and contaminate it. Thus the steam generators are key to keeping these nuclear plants running safely. Edison reportedly spent $680 million on the replacement steam generators. Since the plant was not originally designed to need replacements, the utility had to cut huge holes in buildings to get them inside.

And then they turned to junk in just a few years.

In a March 2012 report , Arne Grundersen, of Vermont’s Fairewind’s Associates, a former nuclear industry engineer, described the decisive moments when San Onofre’s shut down began in January 2012: “Unit 3 was operating at full power and experienced a complete perforation of one [steam generator] tube that allowed highly radioactive water from inside the reactor to mix with non-radioactive water that was turning the turbine. As a consequence, an uncontrolled release of radiation ensued, and San Onofre was forced to shut down due to steam generator failure.”

[] And finally, Warren Buffett's MidAmerican Energy has shelved all plans for a nuclear reactor in Iowa, opting for wind turbines instead:

MidAmerican Energy has scrapped plans for Iowa’s second nuclear plant and will refund $8.8 million ratepayers paid for a now-finished feasibility study, utility officials said Monday.

The utility has decided against building any major power plant: “We opted for what was in the best interest of our customers,” MidAmerican vice president for regulatory affairs Dean Crist told The Des Moines Register.

Mid­American will focus on its plan to build up to 656 wind turbines in a $1.9 billion project across Iowa, which also will trim power bills by saving fuel costs.

Thanks to Mary for coming on our show; she will be revisiting us soon.

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The History Project, part 2

My original intention was to put the lady-stuff here on International Women's Day... and I guess you see how that turned out. Hey, better late than never!

And so, I am finally getting around to posting Part Two of the History Project. Intro to the DEAD AIR History Project (and first installment) is here. (You can click all photos to enlarge.)

~*~

Anarcha-Feminist Notes, September 1977, which I believe was published in Madison, Wisconsin.



San Francisco Women's Building Newsletter, March 1981.



From Berkeley 1981, movie poster for "El Salvador: The People Will Win".



Ancient black-and-white photos of my hometown (Columbus, OH) Take Back the Night march, one of those antiquated Second Wave feminist things almost completely lost to posterity. (1983)



Bookmark from Fan the Flames feminist bookstore in Columbus, OH. Since they began in 1974 and this bookmark is celebrating 10 years, it must be from 1984. From Outlook Columbus:

Began in 1974 by six women who each contributed $100 to a book collective, the shop evolved and moved many times over the next 22-and-some years. Fan the Flames grew from the United Christian Center, to the Women’s Action Collective, to the YWCA, and finally to their own space in Clintonville [and the store was then renamed Women's Words]. It may have been the final move that killed them. Moving away from their diverse audience downtown, and adding on to that the burden of renting their own space, proved too much and the advisory board decided to close shop.

The Women's Action Collective was in its own building for awhile, something I can't even imagine now.



Purty Pittsburgh Smoke-In poster, which I framed for my spare room. (1977)



"Freeze It! A citizen's guide to reversing the nuclear arms race"--San Jose, 1983.




Stay tuned for the next installment, sports fans! And I promise it won't be another half-year this time.

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Greenville Candlelight Vigil for Marriage Equality

... tonight at the Unitarian Universalist church.

Candlelight vigils and supportive demonstrations are taking place throughout the nation tonight, and all week long. Legal arguments before the Supreme Court will begin tomorrow, for and against the constitutionality of gay marriage. From NBC:

The U.S. Supreme Court this week takes its first serious look ever at the issue of same-sex marriage, considering two cases that raise a fundamental issue: does the Constitution's guarantee of equal protection allow legal distinctions between same-sex couples and those of the opposite sex?

The greatest potential for a ruling with nationwide implications comes in a case from California, to be argued Tuesday, brought by proponents of Proposition 8. The following day, the court will hear a separate case challenging the Defense of Marriage Act, which prevents the federal government from recognizing same-sex marriages in states where they are legal.

Approved by 52 percent of California voters in 2008, Prop 8 amended the state constitution to ban same-sex marriages. It was placed on the ballot after 18,000 couples had been legally wed there.

A federal judge in San Francisco declared the ban unconstitutional, and the Court of Appeals for the Ninth Circuit upheld the ruling. Once a state grants a fundamental right like marriage, the appeals court said, it cannot later take it away, even by voter initiative.

Photos of our vigil below, and you can click to enlarge all photos.

I hope you will also take part in one locally. Like the signs say, "Equality means everyone."

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Goodbye lovely Meredith!

Today I helped still another cool person move away from the upstate. :(

I have written before of how we lose all the cool people to places like Oregon, California, even Asheville. I am hopeful that someday, progressive, forward-thinking folks might make this area a real destination, rather than a pit stop.

I helped my Occupier-friend move back to California, and in turn, she blessed me with a bunch of amazingly wonderful old stuff she could not find room to pack: a Tibetan prayer wheel, several tarot decks (including the fabulous Haindl Tarot, Day of the Dead and Goddess Tarot), various sacred and voodoo oils, candles, linens, a sweater and jacket, a clay sculpture of Ariadne, a small brass Buddha, assorted office supplies and unused photo albums, an antique teddy bear and so much more.

It's been like Christmas for hippies.

I still wish she would stay. Greenville needs more enlightened souls who will hang around awhile. I have decided that building our Occupy Greenville chapter is one way to ensure this. We had a picnic on Saturday, and I was reminded of what wonderful folks we are lucky to have, and how tight-knit our group has become as a result.

Unfortunately, evil, bigoted, homophobic laws like the one currently being voted on in North Carolina today (denying equal marriage rights to gay couples) are one reason the cool people leave, as I have complained in this space so many times. The oppressive and backward presence of Bob Jones University, is still another. We have to keep fighting the repression, fighting the people who would take us backwards and spread damaging ignorance.

In the meantime, we do have a solid collective, and that is something to celebrate.

And to my dearest Meredith: Vaya Con Dios. We shall meet again.

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Peter Bergman 1939-2012

I really wanted to title this obituary, "Waiting for Peter Bergman, or someone like him," which I think he would have appreciated.




Instead, decided to be properly respectful and just reprint the New York Times obit:

Peter Bergman, Satirist With the Firesign Theater, Dies at 72
By PAUL VITELLO
Published: March 9, 2012

Peter Bergman, a founding member of the surrealist comedy troupe Firesign Theater, whose albums became cult favorites among college students in the late 1960s and ’70s for a brand of sly, multilayered satire so dense it seemed riddled with non sequiturs until the second, third or 30th listening, died on Friday in Santa Monica, Calif. He was 72.

The cause was complications of leukemia, said Jeff Abraham, a spokesman for the group.

Mr. Bergman hosted an all-night radio call-in show on KPFK in Los Angeles beginning in 1966, “Radio Free Oz,” which served as the testing ground for the high-spirited Firesign sensibility. Phil Austin and David Ossman, two other founders of the four-man group, were the producer and director of the show; the fourth founder, Phil Proctor, was a frequent guest.

“We started out as four friends, up all night, taking calls from people on bad acid trips and having the time of our lives,” Mr. Austin said in a phone interview Friday. “And that’s what we always were: four friends talking.”

Mr. Bergman and his friends recorded their first album, “Waiting for the Electrician or Someone Like Him,” in 1968, followed the next year by “How Can You Be in Two Places at Once When You’re Not Anywhere At All?”

By 1970, their mordant humor and their mastery of stereophonic recording techniques had made them to their generation of 20-somethings what Jon Stewart and Stephen Colbert are to today’s (if Mr. Colbert and Mr. Stewart had a weakness for literary wordplay, psychedelic references and jokes about the Counter-Reformation).

Their records employed sound effects in ways considered pioneering in audio comedy at the time. More generally, they were considered important forerunners of comedy shows like “Saturday Night Live.”

Ed Ward, writing in The New York Times in 1972, described the third Firesign album, “Don’t Crush That Dwarf, Hand Me the Pliers,” as “a mind-boggling sound drama” and a “work of almost Joycean complexity.”

“It’s almost impossible to summarize any Firesign album,” Mr. Ward wrote, because most of their albums were so filled with “intricate wordplay, stunning engineering and use of sound effects, breakneck pacing and, of course, a terribly complex story line.”

When the Library of Congress placed “Don’t Crush That Dwarf” in its National Recording Registry in 2005, The Los Angeles Times described Firesign Theater as “the Beatles of comedy.”

Mr. Bergman told people the ensemble’s albums, unlike most comedy records, were never made to be listened to just once or twice. “He said our records were made to be heard about 80 times,” Mr. Austin said.

While the ensemble continued making albums for three decades, Mr. Bergman also wrote and produced several one-man shows, including “Help Me Out of This Head,” a 1986 monologue-memoir that drew on his childhood in Cleveland. He also wrote interactive games, including a CD-ROM parody of the popular adventure video game Myst.

Mr. Bergman was born on Nov. 29, 1939, in Cleveland, one of two children of Oscar and Rita Bergman. His parents hosted a radio show in Cleveland when he was growing up, “Breakfast With the Bergmans.” His father also worked as a reporter for The Plain Dealer.

Mr. Bergman graduated from Yale and taught economics there as a Carnegie Fellow. He later attended the Yale School of Drama as a Eugene O’Neill playwriting fellow. He moved to Los Angeles in the early 1960s to pursue a writing career.

He is survived by a daughter, Lily Oscar Bergman, and his sister, Wendy Kleckner.

Mr. Bergman got a taste of radio work when he was in high school, according to a biography on Firesign Theater’s official Web site. But he lost his job as an announcer on the school radio system, it said, “after his unauthorized announcement that the Chinese Communists had taken over the school and that a ‘mandatory voluntary assembly was to take place immediately.’ Russell Rupp, the school principal, promptly relieved Peter of his announcing gig. Rupp was the inspiration for the Principal Poop character on ‘Don’t Crush That Dwarf.’ ”

For good or ill, I hold Bergman and Company responsible for much of my rather bizarre sense of humor.

My consigliere posted the following quote from Bergman on Facebook (originally posted on the Firesign website), and I certainly can't improve on it... could any of us improve on Peter Bergman?:

Take heart, dear friends. We are passing through the darkening of the light. We're gonna make it and we're going to make it together. Don't get ground down by cynicism. Don't let depression darken the glass through which you look. This is a garden we live in. A garden seeded with unconditional love. And the tears of the oppressed, and the tears of the frustrated, and the tears of the good will spring those seeds. The flag has been waived. It says occupy. Occupy Wall Street. Occupy the banks. Occupy the nursing homes. Occupy Congress. Occupy the big law offices. Occupy the lobbyists. Occupy...yourself. Because that's where it all comes together. I pledge to you, from this moment on, whatever it means, I'm going to occupy myself.

I love you. See ya tomorrow.

Ah, he's no fun. He fell right over!

Goodbye old friend. We shall not see your like again.

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