fbpx

January 16, 2015

Supreme Court agrees to decide gay marriage question

The Supreme Court on Friday agreed to decide whether states can ban gay marriage, delving into a contentious social issue in what will be one of the most anticipated rulings of the year.

The court, in a brief order, said it would hear cases concerning marriage restrictions in Michigan, Kentucky, Ohio and Tennessee. The ruling, due by the end of June, will determine whether 14 remaining state bans will be struck down.

The court said it will decide two questions: Whether states must allows same-sex couples to marry and whether states must recognize same-sex marriages that take place out-of-state. The court will hear an extended two and a half hours of oral arguments in April.

There has already been a legal sea change on the issue, thanks in large part to the Supreme Court's prompting. It began in earnest in June 2013 when the court struck down a federal law that restricted, for the purpose of federal benefits, the definition of marriage to heterosexual couples.

Judges around the country later seized on the language in the decision, written by swing vote Justice Anthony Kennedy, to strike down a series of state bans.

At the time of the 2013 ruling, only 12 states had authorized gay marriage. It is now legal in 36 of the 50 states.

Although the gathering momentum toward gay marriage has been prompted largely by the courts, opinion polls show that support among Americans has been rising in recent years. But many conservative Christians remain steadfastly opposed.

The court's expected ruling in June would come as the field of candidates for the 2016 U.S. presidential election takes shape, and the issue could factor into the race. Democrats are generally in favor of gay marriage while Republicans are divided on the issue.

The primary legal issue is whether the state bans and the refusal to recognize out-of-state marriages violates the U.S. Constitution's guarantee of equal protection under the law.

As recently as October, the court decided not to intervene in the gay marriage issue when seven cases from five states were pending. That decision not to hear the disputes had huge legal implications because it meant that gay marriage went ahead in five states and paved the way for it to begin in several others.

A Nov. 6 decision by the Cincinnati-based 6th U.S. Circuit Court of Appeals to uphold marriage restrictions in four states increased pressure on the Supreme Court to take up the matter. It was the first of the nation's regional federal appeals courts to uphold gay marriage prohibitions after the wave of other rulings declaring the bans unconstitutional.

The Supreme Court is divided on gay rights, with Kennedy likely to be the key vote. It is not known how he would rule on gay marriage but he has a history of backing gay rights.

Litigation in other cases continues in lower courts. Last week, a federal appeals court in New Orleans heard oral arguments over gay marriage bans in Texas, Louisiana and Mississippi. Earlier this week, a judge in South Dakota struck down that state's ban.

Supreme Court agrees to decide gay marriage question Read More »

Four killed in Niger anti-French riots, protests held in Pakistan, Algeria

Four people were killed in protests turned violent in Niger on Friday, after French satirical magazine Charlie Hebdo published more cartoon images of the Prophet Muhammad a week after Islamist gunmen shot dead 12 people at its offices in Paris.

Protests also erupted in Pakistan and Algeria resulting in several injuries. Elsewhere, peaceful marches were held after Friday prayers in the capital cities of former French colonies Mali, Senegal and Mauritania.

The Niger government said four were killed as police clashed with a crowd that attacked a French cultural center and set churches ablaze.

Protesters in the poor West African country's second-largest city of Zinder in the south set French flags ablaze and attacked Christian shops with clubs and Molotov cocktails, while police responded with tear gas.

Three civilians died, including two who were shot by police during an attack on their station, interior minister Hassoumi Massaoudou said on state television.

A police officer was run over and killed, while 45 other people sustained injuries.

“Zinder experienced a quasi-insurrectional situation, a spontaneous protest of a criminal nature,” said Massaoudou. “I would like to reassure Christians that the state is here to defend those living in Niger at all costs,” he said.

Witnesses said the crowd of mostly youths ransacked the French cultural center as well as the homes of police officers and the local headquarters of President Mahamadou Issoufou's party.

“The protesters are crying out in local Hausa language: 'Charlie is Satan – let hell engulf those supporting Charlie',” said Aboubacar Mamane, a shopkeeper, by telephone.

The streets were calmer by nightfall, residents said. As a precaution, the government forbid a Saturday sermon on the Prophet at the main mosque in the capital Niamey.

“CHARLIE HEBDO IN THE TOILETS”

Charlie Hebdo's first edition since the attack, published on Wednesday, featured a cartoon of the Prophet on a cover that defenders praised as art but critics saw as a new provocation.

In Pakistan, police fired tear gas and water cannon at about 200 protesters outside the French consulate in the southern port city of Karachi.

In Algeria, police clashed with demonstrators in Algiers after rioting broke out at the end of a protest against the publication of the French cartoons. Several officers were injured as small groups of protesters hurled rocks, fireworks and bottles at security forces around the waterfront area of the Algerian capital.

In Niger, demonstrators said they were angered by the latest front cover of Charlie Hebdo this week, which despite the Paris killings again featured a cartoon of Mohammad.

“Charlie Hebdo in the toilets,” said one placard held by a protester at a march in the Mauritanian capital Nouakchott.

The presidents of Niger, Mali and Senegal last week marched alongside more than a million French citizens to show solidarity with the victims of the Paris bloodshed, which began with a shooting attack on Charlie Hebdo's Paris office.

But in an indication of the shifting mood, Macky Sall, president of one of Africa's most stable democracies Senegal, said late on Thursday: “Freedom of the press should not, in our view, head in the direction of a totally pointless provocation.”

Four killed in Niger anti-French riots, protests held in Pakistan, Algeria Read More »

From orphans to terrorists: The childhood that became a breeding ground for vengeance

Before he killed two New York City police officers, 28-year-old Ismaaiyl Brinsley was on a desperate search to find himself.

He “tried on identities as if they were new clothes,” The New York Times reported. He was mostly a street hustler who dabbled in petty crime and spent seven months in jail once for shooting a friend’s car. He tried to straighten out with a legitimate T-shirt-making business, but it quickly failed. His saving grace was an active fantasy life, which he openly expressed on social media, alternately portraying himself as an unrealized filmmaker, screenwriter or rap producer. 

After he committed double homicide and then killed himself, too, some seemed puzzled as to why Brinsley did it: There was no evidence to suggest he had a history of devout anti-police sentiment; or that he belonged to any hate-stoking activist group. He was Muslim, but hardly radical. In fact, until his final day, the most significant thing he ever took up arms against was the aforementioned car.

The Times concluded that Brinsley was no dedicated criminal; rather, he “seemed to be a grandstander at the end of his tether, homeless, jobless and hopeless.”

Homeless, jobless, hopeless. That’s a heady brew. Poisonous, even. And in the end, those three ingredients may have been what led Brinsley from a troubled life to an irredeemable one. But the question remains: Even in the worst circumstances, what accounts for the difference between those who emerge well adjusted and those who are incurably alienated?

Reach deep into Brinsley’s childhood, and clues converge to suggest why he became a difficult and dangerous adult. His parents split when he was 9; “his mother couldn’t handle him”; “[h]e learned that if he did poorly in school or acted out, his father came around,” so, “[h]e acted out often.” He “learned to live on a couch”; and he was “so estranged” from his mother, she couldn’t be counted upon to identify where her son went to high school.

Throughout his childhood, Brinsley lacked security, stability and love. Is it any surprise that a child who was never cared for never acquired the tools to care for himself? Anger was his only recourse, and it fueled a final rage that cost two more families their stability.

Consider the offspring of another shattered family: Cherif and Said Kouachi, who murdered 12 people at Charlie Hebdo last week, after spending years searching for an anchor of their own. Both orphans and immigrants, they turned to radical Islam for purpose and meaning — the ideology promised the answer to all that they lacked. But what did they lack?

Cherif and Said's Algerian-immigrant father died when they were young boys, leaving the family with limited resources. They were 10 and 12-years-old when they discovered their mother's body after an apparent suicide. After that, Cherif and Said were tossed to the French foster-care system that raised them. They did not grow up religious. They were not encouraged to do something great with their lives. So when they finally came of age, all that was available to them were menial jobs like fitness instructor, fishmonger or pizza delivery man. It was a hard life, not a cherished one. One, you might even imagine, they would happily give up for redemption in the world to come. But before their clarion calls of Allahu Akbar, the floundering brothers “initially drifted into petty delinquencies, not religious fanaticism.”

What changed them from lost children to found jihadists? In a 2005 documentary that aired on one of France’s state-owned television channels, Cherif was portrayed as an ordinary kid who liked rap music and late-night clubbing before stumbling into a dark underworld of hate and fanaticism. It was reportedly a 26-year-old janitor-turned-preacher who drew him to radical Islam by romanticizing jihad in passionate sermons. 

When he was brought to trial in 2008 for helping recruit young French Muslims to fight in Iraq, his lawyer presented him as a lost, confused soul who was hardly the devout Islamist he was believed to be. Cherif, his lawyer noted, “smoked marijuana … and described himself as an ‘occasional Muslim.’” (If there had been any hope for rehabilitation, it was conclusively dissolved once he was incarcerated and found a like-minded inmate who had plotted an attack on the American Embassy in Paris.) 

Once you start tumbling down a mountain, it’s hard to recover your balance.

The fact that the brothers had long been on the radar of French authorities, and had been detained and then released, indicates how futile it is to fight radical Islam in the streets. Drones can only do one thing. Should democracies arrest or kill every person who has ever walked into an Islamist mosque?

Beating back radical Islam will require addressing root causes of radical loneliness. The more young immigrants grow up in homes with education and real economic prospects, the less likely it is that they’ll become bait for ideological tyranny. There’s a reason the first book of Torah focuses on families — they are the bedrock from which everything else flows, for better or worse. Freud told us this; Stephen Sondheim repeated it when he cautioned: “Careful the things you say, children will listen. Careful the things you do, children will see.”

We can only hope more children witnessed the example of Lassana Bathily, the French-Muslim young man who ushered 15 kosher supermarket shoppers to safety, before escaping himself and helping French police assess the situation inside. Bathily proved it isn’t Islam itself that is so radical — or any other religion, for that matter. It is the choice a religious person makes to either lash out or love.

From orphans to terrorists: The childhood that became a breeding ground for vengeance Read More »

On culture and sexuality

The news is in. Kim Kardashian has released her most explicit photos ever, and an enthused public is looking for more.   

Why is popular culture obsessed with sexuality?  Why are magazines for the masses checkered with accounts of the dalliances of the rich, the coupling habits of the famous?  Surely, sex is not new.  Undoubtedly, the attraction between male and female hasn’t changed much in thousands of years.    

The obsession with sex seems most fervent in secular culture; much less so in religious society. 

Surely, a society is moved and shaken by its most creative members, those who open windows of possibility and allow the common man to believe in the future.  The work of secular artists – in their finely honed mediums of film, theater, and fiction writing – are bedecked with sexuality.   

To my ear, it seems that the secularist message is that the free-spirit who breaks mores and taboos recognizes the power of sex, but the middle-aged, religious heterosexual couple with kids, whose lives revolve around marriage, faith and family, doesn’t appreciate its liberating power. 

Which, to me (a middle-aged, religious, married, father of six), is rubbish.

No one contests the value of creativity and breaking stereotypes.  The most basic ingredient of a growing economy is the creative improvement of products and services.  The typical small business innovates and customizes, extending options, expanding possibilities.   Traditionalists work these bedrock jobs and are constantly creating and adapting. 

Yet, traditionalists don’t find creative release in breaking sexual mores. Why?    

To address that, we must engage one more concept, the role of leisure in a culture. 

Most people work the week and reset the weekend.  The common man or woman may gain R&R by watching a football game or a romantic movie.  The intellectual may regain his or her vigor by watching CSPAN and discussing politics.  But the truly sophisticated mind will only be rejuvenated when experiencing a pure art form; something uniquely creative and engaging, something that moves him to the world beyond.   Art – good art – is where the artist brings the viewer to the pinnacle of the corporeal and then beyond, allowing him to experience the sublime.   

I would posit that in secular culture, sex is an obsession because sex is where the human touches the beyond.  The drive, dance, passion and unity offer a moment beyond time and space.  Extending the barriers of what is normal within sex, allowing humans to touch the sublime in more ways, is an inherent value to secularists, a moral value. Sex is secular holiness because sex is art.       

The religious world view is different.  At the end of a long workweek the soul needs a reset.  A sophisticated spirit won’t be satiated with drink and revelry.  Only touching the beyond, lifting the veil of the physical to experience the spiritual, gives a reset.  The religious individual reaches that high through prayer to God amongst friends and family, infinitely more powerful than a maestro’s perfect score.

Sex, to religious folk, is much more than leaving time and space.  It is not art but intimacy, achieving oneness with spouse in the presence of God.   Sex, to the religious soul, is achieving unity with the perfect one, in the presence of all that is Perfect.      

The secularist and religious world views offer alternate paths to fulfillment in the most powerful human arenas of sexuality and rejuvenation.  One values art, the other values intimacy.  One touches the sublime, the other touches eternity. 

The author of two books, Yaakov Rosenblatt is a rabbi and businessman in Dallas, Texas

On culture and sexuality Read More »

Defendants apologize for setting fire to German synagogue

Three defendants on trial for an arson attack on the Wuppertal Synagogue last July have apologized in court.

The defendants, ages 18, 24 and 29, are all of Palestinian descent. Testifying on Jan. 14 in the Wuppertal district court, which is located 330 miles west of Berlin, they said they had been angry about the war between Israel and Hamas is Gaza. But they did not want to hurt anyone, they said, according to a report in Die Welt newspaper. They apologized to the Jewish community.

Prosecutors have charged them with attempted arson for throwing firebombs at the entrance of the Bergischen Synagogue in the early morning hours of July 29. No one was injured, and damage was slight, as the fires extinguished by themselves. A neighbor had called police to report burning objects in the street next to the synagogue, which was dedicated in 2002. Wuppertal’s original synagogue was destroyed by the Nazis in 1938.

The men said they were drunk and had smoked marijuana at the time of the attack, celebrating the end of the month of Ramadan fasting. They had filled their empty beer bottles with diesel fuel, they said.

Die Welt reported that one defendant, speaking through  his attorney, said he “has no problem with Jewish people.”

But the head of the local Jewish community, Leonid Goldberg, told reporters that he did not believe this statement and saw the arson attack as a sign of “pure anti-Semitism.”

A verdict is expected on Jan. 28. The crime is punishable by a jail term of up to 15  years, news reports said.

Defendants apologize for setting fire to German synagogue Read More »

Initial ICC probe opened into ‘war crimes’ in Palestinian territories

Prosecutors at the International Criminal Court will open a preliminary inquiry into possible war crimes in the Palestinian territories, the court said.

The move, announced by a spokesperson of the court on Friday and reported by Reuters, is the first formal step that could lead to charges against Palestinian or Israeli officials.

Prosecutors from the ICC, a United Nations tribunal which is based in The Hague, will determine whether preliminary findings merit a full investigation into alleged atrocities which could result in charges against individuals on either the Israeli or Palestinian side.

The move follows the signing last month by Palestinian President Mahmoud Abbas of a treaty that may allow the investigation of Israel for war crimes at the International Criminal Court, but which may expose Palesitnian officials to countersuits.

Israel has threatened to go after the Palestinian Authority and Hamas, which Israel says may both be complicit in war crimes.

The United States has condemned Abbas’ decision to join the treaty that extends ICC jurisdiction to the Palestinian territories.

“We are deeply troubled by today’s Palestinian action regarding the ICC. It is an escalatory step that will not achieve any of the outcomes most Palestinians have long hoped to see for their people,” Jeff Rathke, a State Department spokesman, said last month.

 

Initial ICC probe opened into ‘war crimes’ in Palestinian territories Read More »

U.K. steps up security in Jewish areas in wake of Paris attacks

The United Kingdom is increasing security patrols around Jewish areas in response to last week’s terrorist attacks in Paris.

“The global picture of terrorist activity does give us heightened concern about the risk to the Jewish community in the UK,” said Britain’s assistant police commissioner and lead counterterrorism official Mark Rowley in a statement Friday.

“In addition to our existing security measures, we are in dialogue with Jewish Community leaders about further actions that we will taking, including more patrols in key areas,” Rowley said.

The statement said that these actions were discussed after the attacks in Paris last week that left 17 dead.

Rowley also referenced Thursday’s police raids on an apartment of suspected Islamic radicals in Belgium who were allegedly planning imminent terrorist attacks.

The assistant police commissioner added that the U.K.’s chief constables are discussing ways to address the “deliberate targeting” of police officers.

The U.K. previously stepped up security around Jewish schools in 2012 after the shooting at a Jewish school in Toulouse, France, which left four dead, the Guardian reported.

 

U.K. steps up security in Jewish areas in wake of Paris attacks Read More »

The Power of Reconciliation; Honoring Martin Luther King, Jr.

By Rabbi Mark Borovitz

This weekend is Martin Luther King weekend. It is also the weekend of our Gala, our biggest fundraiser of the year for Beit T’Shuvah. Dr. King believed that Evil could be overcome. We believe that Evil can be defeated. It is so hard, though. As we have seen within our country, Evil is pervasive and takes on many disguises. We see it in the way people treat others who are “different,” we see it in the way we cover up for those we “love” or “need.” We see it in the way we treat our elderly who are neither indigent nor wealthy. We see it in the way we hide our “dirty laundry” from the world, hoping we won’t get caught.


Why? This is my question. We know that hiding doesn’t work, we see this with the way the internet has changed the speed and volume of information we receive. We know that treating people poorly is found out eventually, as Jefferson, Mo. and New York, NY has proven recently. We see everyday the terrible restrictions and conditions that our elderly experience in how many “nursing homes” are actually slum homes. People are exposed daily and their “dirty laundry” is hung out to dry often (even though they keep denying it). We see corporations pay fines and not admit guilt. This is all a hoax on everyone including the perpetrators. Yet, we continue to do this and allow others to hide and secretly feel satisfaction when someone else gets exposed!


Why? Because we are afraid of being human. We are afraid of being transparent. We are afraid of Truth. We are afraid of answering God’s question: “What is life getting out of you?” This is why T’Shuvah is so important in the Jewish Faith. T’Shuvah teaches that we can repair our mistakes and change our behaviors and thinking. T’Shuvah says we are not “bad” because of our errors; rather we are great because of our ability to be in Truth and seek solutions. T’Shuvah demands reconciliation and renewal and redemption.


The ills of our world can only be cured through our desire to redeem ourselves and others. Will you join me in being Addicted to Redemption so that we can uncover the beauty of Truth, the strength of forgiveness and the power of reconciliation? Please lets do this in honor of Dr. King, in honor of all of the soldiers who died and the others who fought and survived for us to be Free, in memory of all the past anti-semitic, racist, immigrant hating that has stained our society. Only when we work together can we change the world!

The Power of Reconciliation; Honoring Martin Luther King, Jr. Read More »

Last year was Earth’s hottest on record, U.S. scientists say

Last year was Earth's hottest on record in a new sign that people are disrupting the climate by burning fossil fuels that release greenhouse gases to the air, two U.S. government agencies said on Friday.

The White House said the studies, by the U.S. space agency NASA and the National Oceanic and Atmospheric Administration, showed a need for action to reduce rising world emissions of greenhouse gases.

The data showed that the 10 warmest years since records began in the 19th century had occurred since 1997. Last year was warmest, ahead of 2010, 2005 and 1998. The records undercut arguments by climate skeptics that global warming has stopped in recent years.

The scientists said the record temperatures were spread around the globe, including most of Europe stretching into northern Africa, the western United States, far eastern Russia into western Alaska, parts of interior South America, parts of eastern and western coastal Australia and elsewhere.

“While the ranking of individual years can be affected by chaotic weather patterns, the long-term trends are attributable to drivers of climate change that right now are dominated by human emissions of greenhouse gases,” said Gavin Schmidt, director of NASA's Goddard Institute of Space Studies in New York.

“The data shows quite clearly that it's the greenhouse gas trends that are responsible for the majority of the trends,” he told reporters. Emissions were still rising “so we may anticipate further record highs in the years to come.”

U.N. studies show there already are more extremes of heat and rainfall and project more disruptions to food and water supplies and rising sea levels as ice melts from Greenland to Antarctica.

PARIS MEETING IN DECEMBER

In December, about 200 governments will meet in Paris to try to reach a deal to limit global warming, shifting to renewable energies. China and the United States, the top emitters of greenhouse gases, say they are cooperating more to achieve an U.N. accord.

“We can't wait to take action,” a White House official said in a statement.

Opponents of the proposed Keystone XL pipeline that would take Canadian crude across the United States said the new data made it all the more pressing to prevent the construction of the pipeline.

But U.S. Senator James Inhofe, the Senate's leading climate change skeptic, said the difference between 2014 and 2010 was so insignificant as to prove there was no need for more stringent EPA regulations.

“Human activity is clearly not the driving cause for global warming, and is not leading our planet to the brink of devastation that many alarmists want us to believe,” he said.

In Britain, Energy and Climate Change Secretary Ed Davey also said the records were “yet more evidence that we need to act urgently to prevent dangerous climate change.”

The U.N.'s Intergovernmental Panel on Climate Change (IPCC) says it is at least 95 percent probable that human activities, rather than natural variations in the climate caused by factors such as sunspots, are to blame for rising temperatures.

Rowan Sutton, director of Climate Research at the National Centre for Atmospheric Science at the University of Reading, said a single year did not mean much because it might be a freak hot year.

“But the fact that now 14 of the 15 warmest years on record have occurred since the turn of the century shows just how clear global warming has become,” he said.

Even so, temperatures since 1998, a warm year, have not risen as fast as they did in the 1980s or 1990s. The IPCC has described it as a hiatus in warming.

NO EL NINO FACTOR

Since 1880, Earth's average surface temperature has warmed by about 1.4 degrees Fahrenheit (0.8 degrees Celsius), NASA said. The NASA and NOAA analyses showed that the world's oceans all warmed last year, offsetting somewhat more moderate temperatures over land.

The average temperature across global land and ocean surfaces was 1.24 degrees F (0.69 degrees C) above the 20th century average, NOAA said. Last year's warmth surpasses the previous records of 2005 and 2010 by 0.07 degree F (0.04 degree C), the scientists said.

The scientists noted that the record was set in a year that did not have the weather pattern known as El Niño that can heat up the atmosphere and has been a factor in many past record-setting years.

The United Nations says it is already clear that promises for emissions curbs at the Paris summit will be too weak to get on track for a U.N. goal of limiting global warming to 3.6 degrees F (2 degrees C) above pre-industrial times.

Last year was Earth’s hottest on record, U.S. scientists say Read More »

Justice Kennedy key figure as U.S. top court tackles gay marriage

For nearly two decades, U.S. Supreme Court Justice Anthony Kennedy has been building toward this moment in the history of gay legal rights in America.

In decisions since 1996, Kennedy has broadened the court's view of equality for gays. Now, as the court said on Friday it would consider a constitutional right to gay marriage, Kennedy is likely to be the justice who tips the balance on the nine-member court.

Predictions are risky regarding this sometimes-tentative justice, the member of the court's five-strong conservative wing most likely to join the four liberals in key rulings.

Yet the 78-year-old Californian has already laid the foundation for a possible decision extending gay marriage to all 50 states. Currently, it is legal in 36 states and Washington, D.C.

Kennedy wrote the 1996 opinion in a Colorado dispute over anti-discrimination law, denouncing government moves to make gays “unequal to everyone else.”

In the most recent related ruling, a 2013 rejection of a law defining marriage as between only a man and woman for purposes of federal benefits, Kennedy authored the 5-4 decision, stating the law “writes inequality into the entire United States Code.” He emphasized the “dignity” the Constitution accords gay couples.

Kennedy told Reuters last year he was not closely following the lower court rulings that overwhelmingly interpreted that opinion as an endorsement of gay marriage. This was characteristic of Kennedy, a 1988 appointee of Republican Ronald Reagan who can wax expansively about democracy and large themes but rarely reveals his personal legal views off the bench.

Kennedy, who often arrives at the court before dawn to spacious uncluttered chambers, defies predictions of insiders and outsiders alike.

Last year, liberal Justice Ruth Bader Ginsburg noted that as Kennedy's 2013 opinion spoke of dignity for same-sex couples, it also referred to marriage laws as the states' domain. “Those don't point in the same direction,” Ginsburg told Reuters.

It was Kennedy's regard for states' interests that a U.S. appeals court seized upon in November in upholding gay-marriage bans in Michigan, Ohio, Tennessee and Kentucky. Virtually all other lower courts that have struck down state bans have highlighted Kennedy's views on equality for gays.

After the 1996 ruling, Kennedy wrote a 2003 decision invalidating a Texas law criminalizing gay sex. He emphasized gays' rights to set their own boundaries for intimate relationships.

Washington lawyer John Elwood, a former Kennedy law clerk, says the justice has been consistent. “At this point, he's thought through the matter pretty carefully,” Elwood said. “He would probably rule the way you'd expect, for same-sex marriage.”

Justice Kennedy key figure as U.S. top court tackles gay marriage Read More »