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Kamala Harris is right: Supreme Court must change

Term limits, ethics code, and more are needed

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United States Supreme Court (Photo by Dulinskas/Bigstock)

Based on the recent outrageous ruling by the Supreme Court, Joe Biden and Kamala Harris called for a constitutional amendment on the issue of presidential immunity. I think the public would agree if it were clearly explained.

Then they call for legislation that would set an 18-year term limit. (I recently suggested 24.) If Harris wins and Democrats keep control of the Senate, and Congress were to approve it, 18-year terms would change the court to a majority of Democratic appointed judges. Then they called for a binding, enforceable, ethics code. That is clearly past due. But as the Washington Post in a column said, all this is aspirational, since it will take more Democrats in Congress to pass the legislative part of it, and getting a constitutional amendment passed is a long slog, if it ever happens. Despite all this, I am glad Harris will run on this proposal. 

The renewed interest in reforming the Supreme Court comes from the outrageous decisions the conservative-six on the court have handed down in the last couple of years. In Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), a landmark decision of the U.S. Supreme Court, the court held that the Constitution does not confer a right to abortion. The decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), and returned to individual states the power to regulate any aspect of abortion not protected by federal statutory law. Roe v. Wade was a landmark legal decision issued on Jan. 22, 1973, in which the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. The court held that a womanā€™s right to an abortion was implicit in the right to privacy protected by the 14th Amendment. Then the current court overturned the Chevron doctrine which is a rule about court review of agency actions that many scholars consider central to modern administrative law. That doctrine calls for judges to accept reasonable interpretations of a statute by an administrative agency, even if the judges might have favored a different interpretation themselves. The final straw, as I mentioned, was the decision to give overwhelming immunity to a President for any action taken while he is in office. In essence, setting a President up to be a king. Each of these decisions appears counter to what most of the people in the nation want, and believe in. They seem to be based solely on the political persuasion of the Justices. 

Then there are the clear ethics lapses of Justices Thomas and Alito, and even the questionable actions of Justice Jackson who reportedly took free concert tickets, and artwork for her office. The justices clearly receive a decent salary, $274,200 annually, while they donā€™t have to work for 12 months. They get a retirement plan guaranteeing them that amount for life. They have many additional perks, including cars and drivers, and staff beyond just their clerks. They can write books, which many have, and make big money, and they can be paid for speeches. 

There is a legitimate fear of what comes next from the cabal of justices put on the bench by Trump. They were all vetted and recommended, by the right-wing Heritage Foundation. They appear to make decisions not based on the Constitution, but rather on their own political perspective. The Heritage Foundation is the same group now developing, and promoting, Project 2025, the blueprint for the right-wing to remake government if Trump wins. All very frightening.  

It is important we talk about these issues, even if they wonā€™t change at this time. If Congress were to pass a term limit for justices, the Constitution is vague on their terms, the current members of the court would likely rule it unconstitutional. Article III of the Constitution says justices can hold their office during ā€˜good behaviorā€™ and that has been interpreted meaning for life, unless they are impeached. Only one justice has ever been impeached, Samuel Chase, in 1804. The House voted eight articles of impeachment, and then the Senate acquitted him. So, for the immediate future, we are stuck where we are. 

To avoid further erosion of the judicial branch, it is crucial we elect Kamala Harris president, and keep the Senate democratic. That way we will be able to see responsible federal judges appointed, all appointed for life. Recent Presidents, including Biden, have each appointed hundreds of them. Trump, if given the chance, would appoint more like Aileen Cannon, the moron MAGA loving Judge, who dismissed his classified documents case.Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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LGBTQ communities around the world embrace antisemitism

Political opposition towards Israeli government has turned into Middle Ages-style bigotry

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Agas Israel Congregation in Northwest D.C. on Oct. 10, 2023, hosted a prayer vigil for Israel. (Washington Blade photo by Michael K. Lavers)

ā€œI stopped reading Facebook feeds,ā€ one of my queer Jewish American friends told me. I wonā€™t say their name, but they are one of the many who showed similar sentiments.

We were speaking about increasing antisemitism among the LGBTQ community, and they were devastated.

Unfortunately, recent events in the Gaza Strip caused a peculiar situation when all Jewish people are blamed for the brutal response of Israeli Prime Minister Benjamin Netanyahu’s government; and LGBTQ Jews faced microaggression and direct violence, get insulted and attacked, even at Prides. 

First and foremost, I want to say that indiscriminate slaughtering of Gazan civilians is definitely a war crime that should be condemned and avoided in the future, but there are a lot of articles written on this topic by others who are more competent on this topic. This time I deliberately wouldnā€™t discuss Hamas and Israeli politicians here, because this story is not about them ā€” this story is about the way the LGBTQ community is treating their Jewish siblings right now.

There are not so many visible queer politicians among Netanyahu supporters, and they are not spending time in social media queer groups. 

Moreover, right-wing LGBTQ people with connections to the Israeli government don’t care much about LGBTQ communities in the US, the UK, or Russia. 

LGBTQ people who suffer from everyday antisemitism are the ones who need community the most. Unfortunately, we live in a world where many families donā€™t accept their LGBTQ children, and for many queer people, the LGBTQ community became the only family support they had. 

And now antisemitism is taking this support away.

Why political opposition toward the Israeli government turned into Middle Ages-style bigotry is a very good question that doesnā€™t have a simple answer. 

Double standards

For a person who is not deeply into political and social issues, this situation may seem quite typical. After all, people are often used to judging the whole nation based on what their government did, right? Actually, wrong.

As a person from Ukraine, I may say that I spoke a lot about the Russian-Ukrainian war with LGBTQ and progressive activists in the West, and most of them showed enormous levels of compassion to ā€œordinary Russians,” despite the fact that the vast majority of the Russian population supports the Russian-Ukrainian war. Moreover, even after Russia in 2022 deliberately bombed the Mariupol Theater with Ukrainian children inside, Russians en masse weren’t called ā€œchild killersā€ by the American and European LGBTQ communities, and Russian activists still welcomed at Prides.

So it is definitely not about bombing children.

Also, all LGBTQ organizations in the US, UK, and European Union known to me that now openly support Palestine and call themselves anti-Zionists have never openly spoken up against concentration camps, ethnic cleansing, and the genocide of Muslim Uyghur populations in East Turkestan, which is under Chinese occupation right now. 

But LGBTQ groups and activists have never called themselves anti-Chinese, didn’t create a ā€œqueer for Eastern Turkistanā€ movement, and didnā€™t push Chinese LGBTQ people on campus to condemn the actions of the Chinese government.

So, it is also not about fighting Islamophobia.

What is it about? I have been a refugee in three different countries, and I have been involved in LGBTQ activism in some way in Russia, Ukraine, the UK, and the US, and I may say that antisemitism in LGBTQ communities exists in all those countries in some way. 

And in different cultural contexts, antisemitism represents itself differently among LGBTQ people. 

Eastern European antisemitism 

Me and three other LGBTQ activists in 2018 held a small demonstration in the middle of St. Petersburg on Victory Day, a big state-promoted holiday when Russians celebrate the Soviet victory over Nazism. We were holding posters about the common threats between Nazi Germany and the modern Russian Federation, including the persecution of LGBTQ people.

Suddenly, a very respected-looking man came to us, blaming us for an anti-Russian Western conspiracy just because we criticized the Russian government, and then started to say that the Holocaust never happened. When I yelled back at this man, telling him that Iā€™m partly Jewish and daring him to repeat his antisemitic accusation, the man announced that Jews ā€œpaid to live in Auschwitz, so later they would create their own state.ā€

Ayman Eckford participates in a protest against anti-Semitism in St. Petersburg, Russia, in 2018. (Photo courtesy of Ayman Eckford)

No one said anything against this man, but Russians were angry with me for ā€œspoiling a holiday.ā€

Holocaust denial and everyday antisemitism are extremely prominent in Eastern Europe, from Poland to Russia. It is especially strong in Russia.

Russian pride about ā€œvictory over Nazisā€ is not about fighting Nazi ideology, but rather about being proud of a Soviet legacy. Simplifying Nazis is bad only because they killed Russian Soviets.

Even in state Russian Orthodox Churches, you could buy the ā€œProtocol of the Elders of Zionā€ Nazi propaganda book.

LGBTQ activists in Russia are generally less antisemitic than the majority of the population, but all the same, they were raised in this culture, so they allow themselves antisemitic jokes and sometimes share Russian supremacy ideas.

So, for them, anti-Zionism is just another, new, and more appropriate way to hate Jews, and they didnā€™t even try to hide antisemitic rhetoric, especially because many prominent Jewish LGBTQ people moved to Israel or to the US, so the community is mostly non-Jewish. 

Western European and American antisemitism

The situation is quite different in America and Western Europe.

ā€œWhy are you supporting Palestine in a way you have never supported people from other war zones, including any other Muslim lands?ā€ I asked my friend and activist from Sheffield in the UK.

ā€œBecause there is a first time in modern history when a country committed such an attack against civilians!ā€ They answered me. ā€œEspecially with our governmentā€™s support.ā€

I closed my eyes, suddenly remembering the Iraqi city of Mosul that was wiped out to the ground by US-led allies, killing not just ISIS fighters, but also peaceful townsfolk stuck under the occupation of the self-proclaimed ā€œcaliphate,ā€ or the Syrian town of Baqhuz Fawqani, where families of ISIS fighters, including babies and pregnant women, were bombed together with Syrian civilians. 

And to mention, once again, Russian ā€œclearingā€ operations and bombings in Chechnya and Ukraine, Syrian President Bashar al-Assadā€™s crimes against his own people in Syria, crimes committed by ISIS, or the ongoing war in Mali. 

My friend has no idea how wrong they were. 

Modern wars are extremely brutal, and there is an ongoing problem of dehumanizing enemies and war crimes that need to be solved. It’s a much broader problem than just Israeliā€˜s actions, but like one of my Jewish nonbinary friends is saying, ā€œno Jews, no news.ā€ 

Anti-Israel graffiti on a building at the corner of 16th and Corcoran Streets, N.W., in Dupont Circle on Nov. 4, 2023. (Washington Blade photo by Michael K. Lavers)

Western antisemitism in the LGBTQ community, including the idea that all Jewish people are extremely privileged white oppressors, is based on a simple ignorance, no less than on prejudice. If in Russia I saw more activists who hate Jews and just want to be anti-Jewish in a modern way, in the UK and US LGBTQ community I saw more people who are generally caring about war crimes. But they refused to make their own analysis and refused to use the same standards for Jews that they use for other minorities ā€” for example, not pushing them to condemn crimes they never committed.

The Palestinian rights movement has one of the biggest and more successful PR campaigns in modern history, while Jewish organizations failed to promote their agenda among non-Jewish populations.

ā€œMost of them [LGBTQ activists and friends] don’t even know what Zionism is, to be really anti-Zionist,ā€ my queer American friend noticed.

But, just like in Russia, some queer people are just bigots who now could show their hate publicly in a way that wouldnā€™t be condemned by their community.

Ayman Eckford is a freelance journalist, and an autistic ADHDer transgender person who understands that they are trans* since they were 3-years-old.

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I was a SMYAL kid

ā€˜For the first time in my life, I knew that I was not aloneā€™

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The writer in 1994, the year he started going to SMYAL. (Photo courtesy of Michael Key)

I was a SMYAL kid. 

When I began to come to terms with my sexuality in my teens, I thought I was the only person in the world struggling with a secret identity that I could not share with my friends. 

I was 16 when I moved with my family from tradition-bound rural Oklahoma to cosmopolitan Fairfax County. As my family settled into our new life, I felt that I could no longer pretend that I was straight ā€” not that I was particularly good at the pretense. This move gave me the perfect opportunity to reinvent myself as someone more authentic than I had ever dreamed possible. However, I felt that I had nowhere to turn for advice.

I first went to my parents for counsel. While well-meaning, they had no experience in dealing with having a gay child and had internalized many messages society had foisted upon them about gay people. But still, seeing their son suffering, they suggested I speak to clergy and counselors at our church.

In the early 1990s, members of our church were still mixed in their opinion on sexuality. I had three youth ministers who confronted me and suggested ā€œreparative therapy.ā€ I shrugged off their suggestion, and one of the priests found out about the exchange. He asked to speak with me in his office.

Much to my surprise, this priest was not there to scold me or to gleefully tell me of my eternal damnation. Rather, he chided the youth ministers for their treatment of me and reminded me of my worth. He handed me a pamphlet for a youth organization for others like me: SMYAL.

The SMYAL pamphlet my priest gave me included a helpline number to get more information. I called the number and was greeted by the friendly voice of a volunteer counselor. He gave me encouragement and support in a conversation that may have only lasted a few minutes, but was revelatory for me. The counsellor told me about the programs offered at SMYAL and I began imagining what it must be like to meet other people who were going through the same things I was.

This was at a time before GSAs were in schools. Seeing no support in my new school, I was elated yet nervous to make the trek to D.C. for my first SMYAL ā€œdrop-inā€ session on a Saturday. Getting to D.C. from Fairfax was no easy task for a 16-year-old who had just earned his driverā€™s license practicing on the dirt roads of Pontotoc County, Okla. But I braved the Beltway and made it to the rickety row house that would come to mean so much to me.

I walked up the stairs to the drop-in center. There was a long hallway filled with LGBTQ books: more than I had ever seen. Pro-LGBTQ books were hard to find even in the public library at the time. But even as I was marveling at the literature display, I was almost brought to tears coming into the room filled with other young people. For the first time in my life, I knew that I was not alone.

SMYAL would become my touchstone and the place I would look forward to going to every week. I met so many friends and even my high school boyfriend there. In our meetings, we would discuss our struggles and triumphs as well as get information on sexual health and healthy relationships, which we were not being taught at school. Many of us would go out after SMYAL meetings to explore what was then the ā€œgayborhoodā€ of Dupont Circle. We would drink sodas and tea at the Pop Stop, find stickers, literature and more at the gay bookstore Lambda Rising, and check out the new albums at Melody Record Shop.

By National Coming Out Day my senior year, SMYAL had given me the courage I would need to come out at school. And when administrators tried to stop me from bringing my boyfriend to the Winterfest Dance, SMYAL gave me the confidence and language to be able to advocate for myself, know my rights, know my worth and refuse to accept second-class citizenship.

By the end of my senior year, I wasnā€™t the only out kid in school anymore. Other students ā€” including my younger brother ā€” had attended SMYALā€™s drop-in sessions and had begun to come out by the time I walked across the graduation stage. I was happy to no longer be alone. Thanks in large part to SMYAL, I had the skill set I would need to launch into the many adventures of college and adult life. And for that, I will be forever grateful.

Michael Key is the photo editor of the Washington Blade. Reach him at [email protected].

Michael Key, on left, poses with Mark Warner at the Democratic National Convention in Chicago in 1996. Key served as a page at the convention in the summer after his high school graduation. (Photo courtesy of Michael Key)
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Media screwing up politics coverage is a disservice to the public

Trump is not a normal candidate and opinions are not news

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More evident than ever is how newspapers, and other media, are desperately competing for business. In doing so, they are too often confusing opinion with reporting. While reporters are inserting more opinion in their columns, editorial boards are shying away from their role of endorsing candidates.

The New York Times recently announced it would no longer endorse in any political race except for president. The Times announcement seems a little schizophrenic. They took a strong stand helping to push Joe Biden to step down as a candidate, and stated forcefully they donā€™t support Trump. Then the publisher, A.G. Sulzberger, writes a lengthy op-ed published in the Washington Post where he ā€œwarned of a ā€˜quiet warā€™ against the freedom of the press as former President Trump pursues a second White House term with negative rhetoric about the media.ā€

He laments what Trump could do to free journalism, but seemingly disregards what a MAGA Congress could do to aid him, by having the Times in essence say it wouldnā€™t endorse against a MAGA congressional, or Senate candidate. He compares Trump to Hungarian Prime Minister Victor Orban and says, ā€œTrump and his allies have hinted at their plans to increase attacks on the media, pointing to the former presidentā€™s comments last year in which he said, ā€˜When I win the presidency of the United States, they [Comcast] and others of the LameStream Media, will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things and events.ā€™ā€ So, itā€™s really hard to figure the Times out.

Earlier this month, newspapers controlled by Alden Global CapitalĀ said ā€œthey would no longer endorse candidates for president, governor and the U.S. Senate. The newspapers in the hedge fundā€™s portfolio include dozens of dailies like the Chicago Tribune, New York Daily News, Boston Herald, Orlando Sentinel and San Jose Mercury News.ā€ Then the Baltimore Sun said it would no longer make endorsements. Seems like an effort to offend fewer people, and sell more papers.

Mainstream media today are doing a disservice to the American people in how they deal with politics, the 2024 presidential election being a prime example. I want to be open: I write about politics, and the presidential election. I am a lifelong Democrat. But I am a columnist, not a reporter, and there is a huge difference. Columnists like myself share opinions. I try to base my opinions on facts, but some columnists actually use what Kellyanne Conway called, ā€˜alternative facts.ā€™ Either way, what we columnists write, or say, is opinion.

On the other hand, reporters should always be writing about facts. They can write about what they have seen, or heard from others. They can freely quote someone elseā€™s opinion in their columns, but they should leave their own opinion out. Today, that is often not happening. Too often we see reportersā€™ personal opinions subtly enter their columns. Then newspaper reporters go on TV, or comment on social media platforms. They share their personal opinions, which calls into question their reporting. Today, editors can take a good column, put a clickbait headline on it to attract attention, and that can often color how people perceive the column. Some of these headlines are not even what the column is actually about. Newspapers actually change a headline from the print edition to their online edition, simply to get more clicks.

The media will have a huge impact on how this election turns out. While they claim to only cover the news, and donā€™t make it, the reality is the media do much more. They seem to have adopted the role of influencer more than ever before, though they have always done this by determining how much attention they give any one issue, and of course by what they choose to report on. Yet today there is so much competition every outlet, print and TV, seems to feel the need to have a point of view to attract audiences. Seems in some ways contradictory to newspaper editorial boards saying they wonā€™t endorse.

The mainstream media are generally covering this election as if Trump is a candidate like any other who has ever run for president. That is not the case. Many reporters appear to have a hard time dealing with Trump, and seem afraid to be honest when writing about, or talking about, or with him. That is one way to influence the election. When Biden was still in the race there was massive coverage of his age, and missteps, even before his disastrous debate performance. There was rarely a report on him that didnā€™t append his age and stumbles to his name. After the debate, the media pounced, and it was not just editorial comment. It was a really unusual situation, and covering it was important. But Trumpā€™s lies had often been accepted, as were his stumbles in speeches. Then in the debate, in which Trump lied in every other utterance, that was seemingly forgotten.

Now Biden is out, and Kamala Harris is the nominee. This got wide coverage including, and up to, her choosing Gov. Walz as her running mate. Trump was out of the headlines and that seemed to drive him crazier than normal. But the media seemed to lay off of him for a bit. Now the media are criticizing Harris for a lack of policy papers, or doing interviews with them. I am OK with that, as long as they report Trump also has no real policy papers, except for Project 2025, which he claims isnā€™t his. The GOP platform is only 16 pages but has gotten little attention. Also, where is the discussion of Trumpā€™s age, he is now the oldest person to ever run for president, and his speeches though loud, are often as embarrassing as was Bidenā€™s debate performance. He canā€™t focus for more than two sentences at a time and often forgets where he is. Then where is the focus on Trump being a candidate for the highest office of the land, commander in chief, who has been found liable for sexual assault, and is a convicted felon. Arenā€™t those appellations that should fairly be appended to Trumpā€™s name every time he is written about? These are indisputable facts, as was Bidenā€™s age, always appended to stories about him.

I am not naĆÆve enough to think the right-wing media like Fox News will do this. But I would expect those like the New York Times, Washington Post, ABC, NBC, and CBS, to do better. I would expect them to do to both Harris and Trump the same thing. Call them out when they are lying. When media report on either oneā€™s speech, it is fine if they call out lies, or misstatements, in each. In the debate, if the media questioners refused to call out Trump on his lies, as happened in the Biden/Trump debate, Harris needs to be ready to do so. But it is really the media that has a responsibility to the American voter to do so.

I donā€™t expect much to change between now and Nov. 5 but can always hope. We will know by Tuesday night if ABC challenged Trump at the debate with tough questions. Did they ask him about being the oldest candidate ever to run for president? Did they ask him if he thinks a convicted felon should be commander in chief? Did they challenge his lies during the debate?  I am not holding out much hope for any of this. But I urge readers of, and listeners to, the mainstream media, to at least call them out when they pretend opinion is news, and when they continue to treat Trump as if he is the same as any other candidate to have ever run for president. He is not, and opinion is not news.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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