Politics and Morality Supreme Court Style

By Montecito Journal   |   July 5, 2022

One of the most disturbing aspects of the Dobbs opinion by the majority of the U.S. Supreme Court Justices is the certainty that further assaults on our basic freedoms are coming. Not only on women’s reproductive rights, protected since 1973 under Roe v. Wade, but privileges and liberties Americans have long enjoyed, and encompassed in previous Supreme Court decisions within a personal “right to privacy.” Freedoms such as the right to contraception, the right to engage in intimate, consensual acts in your own home, the right of same sex couples to marry, and others that this majority rejects by cancelling this zone of privacy. (Ironically, the freedom to marry someone of a different race is exempt, which is good for Justice Thomas, since his wife, Ginni, a conservative, outspoken political activist who defends Trump and promotes right wing causes including the “Big Lie,” is white.)

What is also striking is how truly political and moralistic this regressive Supreme Court has become. The majority now consists of five ultra-conservative Catholics. Not only are they poised to impose an extreme orthodoxy on women, but they have already gutted voting rights protections for Black and minority voters, enshrined in the 1964 Voting Rights Act and for the rest of us, by allowing States to enact laws limiting access to the ballot box under the guise of “voter protection.” At a time when only a few thousand votes are determining election outcomes in swing States. This has not worked well for Black voters. It will not work well after Dobbs for Black women and all women, when it comes to control over their bodies and their most private decision – whether to complete a pregnancy, eradicating a right 70% of Americans want protected. 

Dobbs reignites the very public debate and acrimony on abortion and reproductive choice the majority decries by substituting its own particular theologically-based belief system. As if the intellectually dishonest reasoning of Dobbs can single-handedly settle the debate over abortion at a time of unparalleled divisiveness in our country. Dishonest because the Dobbs decision is based on politics, not rational judgement and basic legal principles. The Dobbs judges rely on arcane legal treatises and outdated cases from England focused on issues like “quickening” in the womb. Disregarding the fact that England, as a more rational, compassionate, and liberty loving country than ours, discarded these laws and restrictive views on abortion years ago. England approved the right to abortion in 1967, seven years before Roe was decided. Abortion is allowed there up to 26 weeks. The majority also goes to extreme lengths to reject the most essential legal principle of established precedent. Where courts defer to their own prior decisions, especially those governing basic liberties, including a woman’s right to have control over her body, rather than become a slave to her reproductive organs. 

Overlooked by the Supreme Court’s self-appointed “moral majority,” and its reliance on “ordered liberty” (a phrase they will undoubtedly use to restrict, or allow individual States to restrict, other freedoms in the future), is the denial of liberty and freedom of choice to millions of women and girls whose economic situations or circumstances will not allow them to have control over their bodies, their lives, and their futures. And, who will be forced to bear children when very limited resources are available, or place them for adoption. The judges, of course, rely on adoption as the “default option,” ignoring the lack of resources for thousands of kids in a dysfunctional foster care system, and the heartbreak of having to give up one’s child.

Poor women and women of color will bear the brunt of Dobbs. Young girls, incestuously impregnated by family members, or raped, will have their lives unalterably changed. Their chances for happier, more productive lives should not be unilaterally decided by the restrictive laws of the particular location where they happen to live, or determined by the dictates of draconian laws passed in Red states.

By deciding Dobbs the way it did, this majority of judges has clearly shown the United States Supreme Court is no longer an institution worthy of the respect of the American people. It cannot be trusted to protect the fundamental rights, privileges, and the freedoms we have relied on for years as ours to exercise. It is now ruled by cultural ultra-conservatives, appointed solely for their extreme political and moral views. Judges who are, and will continue to be, out of touch with the vast majority of Americans, and refuse to follow even the most basic rules of judicial impartiality. For example, Judge Thomas has failed to recuse himself from cases where access to Trump financial records or other information, or other issues supported by extreme right organizations are before the Court – when his wife has a direct financial interest in the outcome, either as a consultant to or as a paid member of, organizations advancing Trump’s interests and far right agendas.

We did not get to this moment in time by accident. Conservative forces and operatives have been working for years to get to this point. They have used “dark money” allowed by prior Supreme Court decisions to elect highly conservative Republicans who then pass laws that infringe on the liberties of the rest of us, and appoint Federal judges at all levels who will uphold those laws. 

Our choice now is clear. We have to engage proactively to protect the right of women and young girls to have access to medication to prevent or end unwanted pregnancies, and to medical abortion if that is their choice. Beyond that we must become more politically active to campaign for and elect candidates who will work to overturn Dobbs by legislation and with judges who respect a right to privacy and basic human freedoms. To that end, the number of judges on the Supreme Court must be expanded by three members. This will help restore a balance in cultural and moral “viewpoints,” honesty, common sense, and respect for individual freedom to the Court, and take back the three seats effectively “stolen” from Democrats through the arcane, arbitrary rules of the U.S. Senate. 

Respectfully,

W. Michael Hackett

Clergy for Choice

We are Clergy for Choice on the Central Coast, and we are outraged by the Supreme Court decision to overturn Roe. We are a coalition of interfaith leaders who support reproductive justice. We are people of faith: Jewish, Catholic, Protestant, Unitarian Universalist, and many other traditions. We believe that everyone deserves access to basic health care, which includes contraception, abortion, and comprehensive sex education. Because these are complex decisions, the process should be respected as a private matter between a pregnant individual, their doctor, and others of their choosing – which may include their religious advisor.

While each of us draw upon our own traditions and sacred texts and may come to diverse conclusions about when a human life begins, nonetheless, we reject the idea that any one religious tradition can force its theology on all of us. We remain committed to advocacy and action until reproductive freedom is protected nationwide.

“Make no mistake: denying someone the inherent right to exercise their divinely-given moral agency and bodily autonomy, and to make decisions about their family and future, is a violation of both human rights and religious freedom.” – Religious Coalition for Reproductive Choice

Please join us by taking action, working to ensure our voices are heard at the ballot box, and joining with other allies such as Planned Parenthood in this fight for justice.

Rabbi Arthur Gross-Schaefer, Community Shul of Montecito and Santa Barbara
Rev. Jeanette Love and Rev. Suzanne Dunn, Catholic Church of the Beatitudes
Rev. Mark Asman, Rector Emeritus, Trinity Episcopal Church
Rev. Julia Hamilton, Unitarian Society of Santa Barbara

A Bear’s First Chukker 

Respect the sign

Early one recent Sunday morning Carlos, The Bear, was enjoying the nighttime view from Mountain Drive, when he had the idea to pad his paws down Ladera Lane to visit the site where his sister, Carla, was killed by a hit and run human. As he moseyed, he thought about his early days in his mother’s den tussling with his fussy sibling and how she used to make fun of him, saying he wasn’t a very scary bear. But mostly he took in the predawn moments in meditation, until he came upon a sign just past the Vedanta Temple.

It was a bright yellow, triangular sign upon which were the figures of a mother bear and her cub following close behind. At first, he choked up, thinking of Carla and her cub that had not been found yet. Then, Carlos smiled, stood on his hind feet, and clapped his front paws together while doing a little dance. Hurray for the humans, he thought, some of them care about us! 

His spirit buoyed, Carlos continued down towards East Valley Road and as he did, he hatched a plan to venture further towards Carpinteria than he had ever been before. You see, Carlos had been curious about Polo for long time. Being an avid reader of the Montecito Journal, he knew that it was a popular sport involving horses, and humans. Carlos loved watching horses run and now that Prince Harry was playing, he really wanted to check out a Chukker or two. 

And so, Carlos made his way to the hill behind the Polo Fields where he found a nice set of rocks that made for a perfect viewing chair, settled in, and took a long nap. When Carlos awoke, he was impressed by the view. It was a clear day, with the islands in full relief on the horizon beyond the green grass field of play that was so large nine football fields could fit in it! He heard the “Star-Spangled Banner” being sung and then the roar from the crowd as he watched the game get under way. The motion of the swift ponies and the skill of the riders relaxed him. He was fairly in a trance as he watched. Harry scored a goal, and the crowd went wild!

While this was his first Chukker, Carlos knew, then and there, it would not be his last!

Michael Edwards

On Windfalls and Fuel

Apparently, it’s not enough that air pollution from the fossil fuel industry causes more than eight million deaths worldwide each year. It’s not enough that emissions from burning coal, oil, and gas are over-heating our planet, creating more punishing heat waves, droughts, wildfires, sea level rise, and other extreme weather events. Now, because of supply disruptions during the pandemic, the war on Ukraine, and our continuing addiction to fossil fuels, this industry which causes so much human suffering, is reaping huge increases in their profits. Worse, despite increasing sanctions on Russia’s economy, revenues from their exported oil and gas, which fund their war on Ukraine, have soared.

I agree with Rinaldo Brutoco’s assertion that fossil fuel companies are effectively engaged in war profiteering and their enormous profits amount to theft. A windfall profits tax bill has been introduced into Congress and should be passed without delay. Revenue collected from oil and gas companies would be re-distributed to every American household to help families with increased energy costs.

A few weeks ago, I argued in these pages (Community Voices, May 5, 2022) for imposing a carbon pollution tax on fossil fuel companies. The costs of these dirty fuels need to reflect the destruction and human suffering they produce. A carbon fee, cash-back dividend, and border carbon tariff would give a huge boost to renewable energy, provide revenue to support American households with higher energy costs, and motivate all nations, including China, to adopt similar policies.

Robert Taylor

Honoring Hula

I thought it important to point out that the article about the VNA luncheon by Lynda Millner entitled “Honoring Our Mothers” in the 19 – 26 May 2022 edition did a wonderful job of acknowledging the performances of local artists, including the San Marcos Madrigal Singers, the State Street Ballet, and the Westmont Chamber Singers, but gave only a passing reference to a dance by “hula girls in hot pink.”

The dancers of Hula Anyone, a renowned local hula halau (school) led by kumu (teacher) Angelita Eller, were actually wearing light blue dresses with soft pink flowers, and danced to a song very special to Keiko Dunham, one of the honorees who is originally from Hawaii. Hula Anyone has been active in Santa Barbara since the 1960s and is dedicated to bringing the art and love of hula to our community. They deserve the same respect and recognition as the other performers at the event. 

Janice Larson

Beneficial Roots 

I am the President/CEO of Keys2TheCoast.com. My company has worked with the cannabis industry in supporting local charities that do important work up and down our coastal communities.

I have read the community benefits section of the Roots Carpinteria application submitted to the County, and I believe when this dispensary’s Coastal Development Permit is approved, the store becomes operational, and their community investment plan is focused and tailored to the community in which it is does business – the economic and social impacts will be nothing short of tremendous.

I also want to point out that cannabis has the healing power to change the quality of people’s lives.

Cannabis, despite what people who don’t understand its incredible intrinsic value as a natural therapeutic remedy, is a remarkable plant. And while the voters in their collective wisdom have voted numerous times to make it legal for recreational use, is also being used increasingly for medicinal use every day and for people over the age of 65. And as a matter of fact, according to statistics, women aged 65 and even older are the fastest-growing segment of the cannabis market and are using it for a variety of health ailments including anxiety, chronic pain, insomnia, epilepsy, and many other health related reasons. And now it’s being shown to help people reduce their dependency on opioids.

Thank you and I hope the planning commissioners will use their important positions in our county to approve this exciting project in Toro Canyon put forward by Pat and Maire Radis, who from all accounts appear to be wonderful people who are 100% committed to the betterment of the Carpinteria Valley.

Sincerely, 

Donna Polizzi 
President/CEO keys2thecoast.com

Comment on the Roe Vs. Wade Decision

The Supreme Court’s overturning of Roe vs. Wade in June 2022 is one of over 200 cases in U.S. history where the Court has “reversed itself.” The abortion issue is a complicated and controversial one. My totally unscientific research has found many good people who believe that the Supreme Court has abolished abortion. This is simply NOT TRUE. The Supreme Court does not make law. It simply interprets the U.S. Constitution.

The Tenth Amendment clearly states that all powers not specified in the Constitution should be left up to the states. I’m far from a Constitutional expert, but I do know the Constitution does not confer a specific right to abortion. I do believe it is an issue best left up to the people in each of our 50 states. Unlike countries like China and Russia, we live under federalism. This protects us from federal government tyranny and allows states to adopt policies that best fit their needs.

Since I am writing this letter, I should state my abortion views. I’m a Christian. I do believe that people who don’t want children should take responsible steps to avoid having them. Human nature being what it is, I also believe that women should be allowed the right for an abortion in the early stage of pregnancy, although I don’t have a good definition for “early stage.” And, without a good definition for “late stage,” I am against late-stage abortions except when a woman’s health condition is in jeopardy. I have the utmost respect for other Christians and non-Christians who disagree with me.

Abortion is an issue on which there will never be universal agreement. Voices at the state level will have more impact than at the federal level. Help others realize that the Supreme Court did not abolish abortion.

Sanderson M. Smith, Ed.D.  

 

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