June 30, 2012 archive

On This Day In History June 30

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on images to enlarge.

June 30 is the 181st day of the year(182nd in leap years) in the Gregorian calendar. There are 184 days remaining until the end of the year.

On this day in 1986, the U.S. Supreme Court rules in Bowers v. Hardwick that states can outlaw homosexual acts between consenting adults.

Bowers v. Hardwick, upheld the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that “Bowers was not correct when it was decided, and it is not correct today.”

Concurrences and dissents

The short concurring opinion by Chief Justice Warren E. Burger emphasized historical negative attitudes toward homosexual sex, quoting Sir William Blackstone‘s characterization of sodomy as “a crime not fit to be named.” Burger concluded, “To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”

Opponents of sodomy laws criticized Bowers not only for its result but also because of the Court’s dismissive treatment of the liberty and privacy interests of gay men and lesbians. A sharply worded dissenting opinion by Justice Harry Blackmun attacked the majority opinion as having an “almost obsessive focus on homosexual activity.” Justice Blackmun suggested that “(o)nly the most willful blindness could obscure the fact that sexual intimacy is ‘a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality.'” (Ironically quoting from the opinion by Chief Justice Burger in Paris Adult Theatre I v. Slaton which held that obscene films are not constitutionally protected)

Blackmun revealed in a 1995 oral history with Harold Koh that his dissent in Bowers v. Hardwick was written primarily by openly gay Pam Karlan (then a law clerk for Blackmun, and now professor of law at Stanford Law School). Blackmun said of the dissent; “[K]arlan did a lot of very effective writing, and I owe a lot to her and her ability in getting that dissent out. She felt very strongly about it, and I think is correct in her approach to it. I think the dissent is correct.”

Lewis Powell was considered the deciding vote during the case. He had initially voted to strike down the law but changed his mind after a few days. In a concurring opinion, Powell voiced doubts about the compatibility of Georgia’s law with the Eighth Amendment as it related to the prison sentence for conviction, but joined the majority opinion upholding the law against a substantive due process attack. It has been argued that Powell’s decision to uphold the law was influenced by the fact that he believed he had never known any homosexuals, unaware that one of his own law clerks was gay. In 1990, three years after retiring from the Court, Powell told a group of New York University law students that he considered his opinion in Bowers was an error. “I do think it was inconsistent in a general way with Roe. When I had the opportunity to reread the opinions a few months later I thought the dissent had the better of the arguments.” However, Powell believed that the case was one of little importance and spent only thirty minutes thinking about it.

Aftermath

Bowers was decided at a time when the court’s privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U.S. 113 (1973), had come under heavy criticism and was in doubt. In this historical context, Bowers signaled a reluctance by the then-members of the Court to recognize a general constitutional right to privacy or to extend such a right further than they already had.

State sodomy laws were seldom enforced against private consensual conduct in the decades following the decision, but the Bowers decision was frequently cited in opposition to gay rights programs. The Georgia law upheld in Bowers forbade oral sex and anal sex whether engaged in by people of the same sex or different sexes, but Justice White’s decision was restricted to homosexual sex. “The only claim properly before the Court, therefore, is Hardwick’s challenge to the Georgia statute as applied to consensual homosexual sodomy. We express no opinion on the constitutionality of the Georgia statute as applied to other acts of sodomy.”

In the years after Bowers was decided, several state legislatures repealed their sodomy laws. In addition, a number of state courts invalidated sodomy laws under privacy or other provisions of their state constitutions. The same sodomy law that was upheld in Bowers was struck down by the Georgia Supreme Court under the Georgia state constitution in the case of Powell v. State, 270 Ga. 327 (1998).

The remaining state sodomy laws in the U.S. were invalidated, insofar as they applied to private consensual conduct among adults, in the Supreme Court case of Lawrence v. Texas 539 U.S. 558 (2003). Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas’ state sodomy law was unconstitutional under the Fourteenth Amendment’s due process clause (adult consensual sexual intimacy in ones’ home is a vital interest in liberty and privacy protected by the Due Process Clause). Lawrence explicitly overturned Bowers, with Kennedy writing “Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.”

Late Night Karaoke

Random Japan

THE ANNALS OF SCIENCE

   Pass the Bloody Marys: Researchers at two of Japan’s top beverage companies say drinking tomato juice while getting drunk will allow you to sober up faster.

   In possibly related news, a research team that included scientists from the Kazusa DNA Research Institute in Chiba has, for the first time, fully decoded the genome of a tomato.

   The Meteorological Agency unveiled a supercomputer that can perform 847 trillion calculations per second-30 times faster than its previous machine. Even so, officials suspect it will be obsolete in about five years.

   A professor at Kansai Medical University has developed a treatment for bedsores that involves using the patient’s own blood platelets.

stats

   1 Number of smoking areas at the health ministry’s headquarters in Kasumigaseki

   101 Number of smoking areas at the defense ministry’s headquarters in Ichigaya

   10 Tsunami alerts issued by the Japan Meteorological Agency between March 2011 and March 2012

   5 Number of these alerts that were accurate

GOING FOR THE GOLD

   The mayor of (deep breath) Aizuwakamatsu, a radiation-stricken town near the Fukushima nuclear plant, advised residents to stay away for five years… not due to health concerns, but “to secure equal compensation payments.”

   Geisha girls and female staff of hot springs in Ishikawa have taken to calling themselves “Lady Kaga” in a bid to boost tourism to local onsen. Kaga is the name of a city in the prefecture.

   As part of efforts “to generate internationally successful young people,” the education ministry will let “particularly excellent high school students” graduate in just two years.

   A nine-year-old boy was one of six people whose designs were chosen for a series of commemorative coins related to the March 11 disaster.

 Osprey  

It Falls From The Sky

North Korean Embassy  

Taken By The Repo Man

Groper Escapes

Out The Backdoor  

 Tens of thousands protest Japan nuclear restart

 

Jun. 30, 2012 – 06:42AM JST

Tens of thousands of people rallied outside the Japanese prime minister’s residence in Tokyo Friday in one of the largest demonstrations held against the restart of nuclear reactors.

The protesters, carrying placards which read “Rise up against the restart” and “The nuclear era is over,” lined the streets around Prime Minister Yoshihiko Noda’s residence in central Tokyo as police watched on, according to an AFP photographer.

The main entrance to the residence was seen guarded by armoured vehicles and barricades of uniformed police.

Popular Culture (Music) 20120629: Live Moody Blues

We shall finish this rather long series with some live material from the canonical work of The Moody Blues.  My aim is to present some of my personal favorites, recorded during the period that they were contemporaneous at the time that they were released.

There is a really nice set of videos on YouTube about the Isle of Wight festival in 1970, but they do not fit into the format for this series because they were excerpted from a documentary about the festival and have lots of talk and not much music.  They are worth checking out, but this in not the venue.  When you do, check out the first on when they have some cameras on the back of the sound system.  Notice that many of those Hiwatt amps are labeled “WHO”, and a few are labeled “TULL”.  Yes, they also played there.  What a concert!

In One Person by John Irving

I doubted a couple of times if it would happen.  But it did.  I managed to slog my way through John Irving’s In One Person.  It wasn’t easy…and not just because of the tendency to jump back and forth through time…which made “plot” an almost extraneous element, at least for me, and was annoying as hell.

But what bothered me the most…and I suppose, at the same time, kept me reading…was the treatment of the author’s main theme, which appears to be, at least for me, transsexual women.

Now I am not a book reviewer by trade, so I shall probably commit a major faux pas by giving away the plot…but I don’t really know that the novel has one.  It is mostly 448 pages of character development.  Well, at least some of the characters develop.  Some others we wish would develop, but seem to come up lacking.

If you plan to read the book, you may not wish to read further.  I will be giving away a lot that happens.  I hesitate to call it “the Plot”.