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Today's
Stories
October
1, 2003
Sean Donahue
Wesley
Clark and the "No Fly" List
September
30, 2003
After
Dark
Arnold's
1977 Photo Shoot
Dave Lindorff
The
Poll of the Shirt: Bush Isn't Wearing Well
Tom Crumpacker
The
Cuba Fixation: Shaking Down American Travelers
Robert
Fisk
A
Lesson in Obfuscation
Charles
Sullivan
A
Message to Conservatives
Suren Pillay
Edward Said: a South African Perspective
Naeem
Mohaiemen
Said at Oberlin: Hysteria in the Face of Truth
Amy Goodman
/ Jeremy Scahill
Does
a Felon Rove the White House?
Website
of the Day
The Edward Said Page
September 29, 2003
Robert
Fisk
The
Myths of Western Intelligence Agencies
Iain A. Boal
Turn It Up: Pardon Mzwakhe Mbuli!
Lee Sustar
Paul
Krugman: the Last Liberal?
Wayne Madsen
General Envy? Think Shinseki, Not Clark
Benjamin
Dangl
Bolivia's Gas War
Uri Avnery
The
Magnificent 27
Pledge
Drive of the Day
Antiwar.com
Recent
Stories
September
26 / 28, 2003
Alexander
Cockburn
Alan
Dershowitz, Plagiarist
David Price
Teaching Suspicions
Saul Landau
Before the Era of Insecurity
Ron Jacobs
The Chicago Conspiracy Trial and
the Patriot Act
Brian
Cloughley
The Strangeloves Win Again
Norman Solomon
Wesley and Me: a Real-Life Docudrama
Robert
Fisk
Bomb Shatters Media Illusions
M. Shahid Alam
A Muslim Sage Visits the USA
John Chuckman
American Psycho: Bush at the UN
Mark Schneider
International Direct Action
The Spanish Revolution to the Palestiniana Intifada
William
S. Lind
How $87 Billion Could Buy Some Real Security
Douglas Valentine
Gold Warriors: the Plundering of Asia
Chris
Floyd
Vanishing Act
Elaine Cassel
Play Cat and Moussaoui
Richard
Manning
A Conservatism that Once Conserved
George Naggiar
The Beautiful Mind of Edward Said
Omar Barghouti
Edward Said: a Corporeal Dream Not Yet Realized
Lenni Brenner
Palestine's Loss is America's Loss
Mickey
Z.
Edward Said: a Well-Reasoned Voice
Tanweer Akram
The Legacy of Edward Said
Adam Engel
War in the Smoking Room
Poets' Basement
Katz, Ford, Albert & Guthrie
Website
of the Weekend
Who the Hell is Stew Albert?
September
25, 2003
Edward
Said
Dignity,
Solidarity and the Penal Colony
Robert
Fisk
Fanning
the Flames of Hatred
Sarah
Ferguson
Wolfowitz at the New School
David
Krieger
The
Second Nuclear Age
Bill Glahn
RIAA Doublespeak
Al Krebs
ADM and the New York Times: Covering Up Corporate Crime
Michael
S. Ladah
The Obvious Solution: Give Iraq Back to the Arabs
Fran Shor
Arnold and Wesley
Mustafa
Barghouthi
Edward Said: a Monument to Justice and Human Rights
Alexander Cockburn
Edward Said: a Mighty and Passionate
Heart
Website
of the Day
Edward Said: a Lecture on the Tragedy of Palestine
September 24, 2003
Stan Goff
Generational
Casualties: the Toxic Legacy of the Iraq War
William
Blum
Grand Illusions About Wesley Clark
David
Vest
Politics
for Bookies
Jon Brown
Stealing Home: The Real Looting is About to Begin
Robert Fisk
Occupation and Censorship
Latino
Military Families
Bring Our Children Home Now!
Neve Gordon
Sharon's
Preemptive Zeal
Website
of the Day
Bands Against Bush
September
23, 2003
Bernardo
Issel
Dancing
with the Diva: Arianna and Streisand
Gary Leupp
To
Kill a Cat: the Unfortunate Incident at the Baghdad Zoo
Gregory
Wilpert
An
Interview with Hugo Chavez on the CIA in Venezuela
Steven
Higgs
Going to Jail for the Cause--Part 2: Charity Ryerson, Young and
Radical
Stan Cox
The Cheney Tapes: Can You Handle the Truth?
Robert
Fisk
Another Bloody Day in the Death of Iraq
William S. Lind
Learning from Uncle Abe: Sacking the Incompetent
Elaine
Cassel
First They Come for the Lawyers, Then the Ministers
Yigal
Bronner
The
Truth About the Wall
Website
of the Day
The
Baghdad Death Count
September
20 / 22, 2003
Uri Avnery
The
Silliest Show in Town
Alexander
Cockburn
Lighten
Up, America!
Peter Linebaugh
On the Bicentennial of the Execution of Robert Emmet
Anne Brodsky
Return
to Afghanistan
Saul Landau
Guillermo and Me
Phan Nguyen
Mother Jones Smears Rachel Corrie
Gila Svirsky
Sharon, With Eyes Wide Open
Gary Leupp
On Apache Terrorism
Kurt Nimmo
Colin
Powell: Exploiting the Dead of Halabja
Brian
Cloughley
Colin Powell's Shame
Carol Norris
The Moral Development of George W. Bush
Bill Glahn
The Real Story Behind RIAA Propaganda
Adam Engel
An Interview with Danny Scechter, the News Dissector
Dave Lindorff
Good Morning, Vietnam!
Mark Scaramella
Contracts and Politics in Iraq
John Ross
WTO
Collapses in Cancun: Autopsy of a Fiasco Foretold
Justin Podur
Uribe's Desperate Squeals
Toni Solo
The Colombia Three: an Interview with Caitriona Ruane
Steven Sherman
Workers and Globalization
David
Vest
Masked and Anonymous: Dylan's Elegy for a Lost America
Ron Jacobs
Politics of the Hip-Hop Pimps
Poets
Basement
Krieger, Guthrie and Albert
Website of the Weekend
Ted Honderich:
Terrorism for Humanity?
September
19, 2003
Ilan Pappe
The
Hole in the Road Map
Bill Glahn
RIAA is Full of Bunk, So is the New York Times
Dave Lindorff
General Hysteria: the Clark Bandwagon
Robert Fisk
New Guard is Saddam's Old
Jeff Halper
Preparing
for a Struggle Against Israeli Apartheid
Brian J. Foley
Power to the Purse
Clare
Brandabur
Hitchens
Smears Edward Said
Website of the Day
Live from Palestine
September
18, 2003
Mona Baker
and Lawrence Davidson
In
Defense of the Boycott of Israeli Academic Institutions
Wayne
Madsen
Wesley
Clark for President? Another Neo-Con Con Job
Alexander
Cockburn
and Jeffrey St. Clair
Wesley Clark and Waco
Muqtedar Khan
The Pakistan Squeeze
Dominique
de Villepin
The
Reconstruction of Iraq: This Approach is Leading Nowhere
Angus Wright
Brazilian Land Reform Offers Hope
Elaine
Cassel
Payback is Hell
Jeffrey
St. Clair
Leavitt
for EPA Head? He's Much Worse Than You Thought
Website
of the Day
ALA Responds to Ashcroft's Smear
September 17, 2003
Timothy J. Freeman
The
Terrible Truth About Iraq
St. Clair / Cockburn
A
Vain, Pompous Brown-noser:
Meet the Real Wesley Clark
Terry Lodge
An Open Letter to Michael Moore on Gen. Wesley Clark
Mitchel Cohen
Don't Be Fooled Again: Gen. Wesley Clark, War Criminal
Norman Madarasz
Targeting Arafat
Richard Forno
High Tech Heroin
Alexander Cockburn
Behold,
the Head of a Neo-Con!
Website of the Day
The Ultimate Palestine Resource Site!
September 16, 2003
Rosemary and Walt Brasch
An
Ill Wind: Hurricane Isabel and the Lack of Homeland Security
Robert Fisk
Powell
in Baghdad
Kurt Nimmo
Imperial Sociopaths
M. Shahid Alam
The Dialectics
of Terror
Ron Jacobs
Exile at Gunpoint
Christopher Brauchli
Bush's War on Wages
Al Krebs
Stop Calling Them "Farm Subsidies"; It's Corporate
Welfare
Patrick Cockburn
The
Iraq Wreck
Website of the Day
From Occupied Palestine
The Great Alejandro Escavedo Needs Your Help!
September 15, 2003
Stan Goff
It Was
the Oil; It Is Like Vietnam
Robert Fisk
A Hail of Bullets, a Trail of Dead
Writers Bloc
We
Are Winning: a Report from Cancun
James T. Phillips
Does George Bush Cry?
Elaine Cassel
The Troublesome Bill of Rights
Cynthia McKinney
A Message to the People of New York City
Matthew Behrens
Sunday Morning Coming Down: Reflections on Johnny Cash
Uri Avnery
Assassinating
Arafat
Hammond Guthrie
Celling Out the Alarm
Website of the Day
Arnold and the Egg
September 13 / 14, 2003
Michael Neumann
Anti-Americanism:
Too Much of a Good Thing?
Jeffrey St. Clair
Anatomy of a Swindle
Gary Leupp
The Matrix of Ignorance
Ron Jacobs
Reagan's America
Brian Cloughley
Up to a Point, Lord Rumsfeld
William S. Lind
Making Mesopotamia a Terrorist Magnet
Werther
A Modest Proposal for the Pentagon
Dave Lindorff
Friendly Fire Will Doom the Occupation
Toni Solo
Fiction and Reality in Colombia: The Trial of the Bogota Three
Elaine Cassel
Juries and the Death Penalty
Mickey Z.
A Parable for Cancun
Jeffrey Sommers
Issam Nashashibi: a Life Dedicated to the Palestinian Cause
David Vest
Driving in No Direction (with a Glimpse of Johnny Cash)
Michael Yates
The Minstrel Show
Jesse Walker
Adios, Johnny Cash
Adam Engel
Something Killer
Poets' Basement
Cash, Albert, Curtis, Linhart
Website of the Weekend
Local Harvest
September 12, 2003
Writers Block
Todos
Somos Lee: Protest and Death in Cancun
Laura Carlsen
A Knife to the Heart: WTO Kills Farmers
Dave Lindorff
The Meaning of Sept. 11
Elaine Cassel
Bush at Quantico
Linda S. Heard
British
Entrance Exams
John Chuckman
The First Two Years of Insanity
Doug Giebel
Ending America as We Know It
Mokhiber / Weissman
The Blank Check Military
Subcomandante Marcos
The
Death Train of the WTO
Website of the Day
A Woman in Baghdad
September 11, 2003
Robert Fisk
A Grandiose
Folly
Roger Burbach
State Terrorism and 9/11: 1973 and 2001
Jonathan Franklin
The Pinochet Files
Niranjan Ramakrishnan
Postcards to the President
Norman Solomon
The Political Capital of 9/11
Saul Landau
The Chilean Coup: the Other, Almost Forgotten 9/11
Stew Albert
What Goes Around
Website of the Day
The Sights and Sounds of a Coup
September 10, 2003
John Ross
Cancun
Reality Show: Will It Turn Into a Tropical Seattle?
Zoltan Grossman
The General Who Would be President: Was Wesley Clark Also Unprepared
for the Postwar Bloodbath?
Tim Llewellyn
At the Gates of Hell
Christopher Brauchli
Turn the Paige: the Bush Education Deception
Lee Sustar
Bring the Troops Home, Now!
Elaine Cassel
McCain-Feingold in Trouble: Scalia Hogs the Debate
Norman Finkelstein
Hitchens
as Model Apostate
Hammond Guthrie
When All Was Said and Done
Website of the Day
Fact Checking Colin Powell
Hot Stories
Steve Niva
Israel's
Assassination Policy: the Trigger for Suicide Bombings?
Dardagan,
Slobodo and Williams
CounterPunch Exclusive:
20,000 Wounded Iraqi Civilians
Steve
J.B.
Prison Bitch
Sheldon
Rampton and John Stauber
True Lies: the Use of Propaganda
in the Iraq War
Wendell
Berry
Small Destructions Add Up
CounterPunch
Wire
WMD: Who Said What When
Cindy
Corrie
A Mother's Day Talk: the Daughter
I Can't Hear From
William Blum
Myth
and Denial in the War on Terrorism
Standard Schaefer
Experimental Casinos: DARPA and the War Economy
Uzma
Aslam Khan
The Unbearably Grim Aftermath of War:
What America Says Does Not Go
Paul de Rooij
Arrogant
Propaganda
Gore Vidal
The
Erosion of the American Dream
Francis Boyle
Impeach
Bush: A Draft Resolution
Click Here
for More Stories.
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October
1, 2003
The Supremes and Gay
Families
Married
with Children
By JOANNE MARINER
Dissenting from the Supreme Court's ruling in
Lawrence v. Texas, which struck down Texas's consensual
sodomy law, Justice Antonin Scalia listed a catch-all inventory
of purportedly immoral behaviors. Under the reasoning of the
Court's opinion, he warned, law prohibiting "bigamy, same-sex
marriage, adult incest, prostitution, masturbation, adultery,
fornication, bestiality, and obscenity" would all be vulnerable
to constitutional challenge.
Few have worried about the coming masturbation
epidemic, but Scalia's invocation of same-sex marriage has attracted
considerable public notice. Commentators from all sides of the
political spectrum have entered the debate, arguing over Lawrence's
implications for the institution of marriage. They have disagreed
about whether laws prohibiting gay marriage have in fact been
weakened and, if so, about whether this is for good or for bad.
While the debate over same-sex marriage
is important, it may have obscured an issue whose consequences
for gay families are even more tangible. For lesbians and gay
men who have children, or who may wish to have them, it is Lawrence's
potential impact on child custody, visitation and adoption decisions
that deserves attention.
A "Strong Presumption
of Unfitness"
D.H., as she was referred to in her court
papers, spent years in court battling with her ex-husband over
custody of their three minor children. Based on undisputed evidence
that the father had whipped and slapped the children, a lower
court ruled in D.H.'s favor, finding that the "father's
verbal, emotional, and physical abuse can be considered family
violence."
Despite this evidence, the Supreme Court
of Alabama granted the father's appeal, giving him sole physical
custody of the children. The Court, in an opinion issued last
year, noted pointedly that the custody battle began "after
the mother had begun a homosexual relationship."
The Court did not, however, specifically
base its ruling on the mother's sexual orientation, arousing
the ire at least one of its justices. Then-Chief Justice Roy
Moore, lately of Ten Commandments fame, wrote separately to rectify
the omission. "The homosexual conduct of a parent,"
Moore declared, "creates a strong presumption of unfitness
that alone is sufficient justification for denying that parent
custody of his or her own children or prohibiting the adoption
of the children of others."
It would be tempting to dismiss Moore
as an extremist southern judge, were it not for the fact that
his thinking is all too widely shared. In child custody, visitation,
and adoption cases, courts from New Jersey to Florida have espoused
similar views. Many have explicitly based their adverse rulings
on the fact that the losing parent was gay.
"This Criminal
Conduct"
Discrimination against gay parents comes
in several forms. Some states bar gay parents from adopting;
others discriminate against them in child custody or visitation
disputes. But a common denominator of the stated justifications
for such discrimination has been the existence of laws that criminalize
sodomy.
Invoking such laws, courts and other
child welfare authorities have deemed gay parents to be presumptive
criminals, and thus unfit to raise children. The reasoning of
this Georgia judge is typical:
Sodomy is against the criminal law of
Georgia. . . Here, it is undisputed that the father engaged in
pre-divorce sodomy, and currently is in a homosexual relationship.
. . . Thus, the father has a demonstrable past and present history
of engaging in conduct which is against the criminal laws of
this state. In determining the father's visitation rights, this
criminal conduct . . . cannot simply be ignored by the courts.
The relevance of the Lawrence
ruling to such cases should be obvious. By removing the crucial
legal underpinning of the courts' hostility toward gay parents,
Lawrence makes such discrimination much harder to defend.
Parents Like Everyone
Else
While Justices Kennedy and Scalia both
alluded to Lawrence's implications for the institution
of marriage, none of the four justices writing opinions in Lawrence
specifically mentioned its relevance to the issue of parental
rights. Justice O'Connor did, however, set out an equal protection
rationale for striking down the Texas law that recognized the
law's negative impact on areas beyond sex.
As O'Connor pointed out, "the effect
of Texas' sodomy law is not just limited to the threat of prosecution
or consequence of conviction." Instead, she noted, "Texas'
sodomy law brands all homosexuals as criminals, thereby making
it more difficult for homosexuals to be treated in the same manner
as everyone else."
With or without the Supreme Court's approval,
gay adults would have continued to have sex. But among Lawrence's
welcome implications is that, as parents, lesbians and gay men
should be treated like everyone else.
Joanne Mariner
is a human rights attorney who has worked in Latin America for
nearly a decade. A different version of this article originally
ran on Findlaw's Writ. She can be reached at: mariner@counterpunch.org
Weekend
Edition Features for Sept. 26 / 28, 2003
Alexander
Cockburn
Alan
Dershowitz, Plagiarist
David Price
Teaching Suspicions
Saul Landau
Before the Era of Insecurity
Ron Jacobs
The Chicago Conspiracy Trial and
the Patriot Act
Brian
Cloughley
The Strangeloves Win Again
Norman Solomon
Wesley and Me: a Real-Life Docudrama
Robert
Fisk
Bomb Shatters Media Illusions
M. Shahid Alam
A Muslim Sage Visits the USA
John Chuckman
American Psycho: Bush at the UN
Mark Schneider
International Direct Action
The Spanish Revolution to the Palestiniana Intifada
William
S. Lind
How $87 Billion Could Buy Some Real Security
Douglas Valentine
Gold Warriors: the Plundering of Asia
Chris
Floyd
Vanishing Act
Elaine Cassel
Play Cat and Moussaoui
Richard
Manning
A Conservatism that Once Conserved
George Naggiar
The Beautiful Mind of Edward Said
Omar Barghouti
Edward Said: a Corporeal Dream Not Yet Realized
Lenni Brenner
Palestine's Loss is America's Loss
Mickey
Z.
Edward Said: a Well-Reasoned Voice
Tanweer Akram
The Legacy of Edward Said
Adam Engel
War in the Smoking Room
Poets' Basement
Katz, Ford, Albert & Guthrie
Website
of the Weekend
Who the Hell is Stew Albert?
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