Saturday, November 29, 2008
Short On Talent
Thursday, November 27, 2008
A post of Thanksgiving -- Rocking Chair.
Not the point of this post. My favorite singer of the group was Richard Manuel; unfortunately, there are few videos out there with him singing. I found one; it's a bit grainy, but the audio is lovely. In March 1986 he hanged himself in a Florida hotel room while on tour with the Band (minus Robbie Robertson.) Those boys didn't seem to get much out of their genius and fame. Love, Djinn.
"Rocking Chair." Happy Thanksgiving.
Click here to hear one of Richard Manuel's most beautiful songs, "Whispering Pines."
Surely you've figured out by now I'm a hopeless romantic.
Just found this, I need to fly away for thanksgiving in a couple of hours, perhaps I should go to bed; King Harvest live and even well recorded by one of the best bands ever. Enjoy.
And, if you insist, after many tryouts, here's my favorite Levon Helm vid.
Tuesday, November 25, 2008
Next Year or 2024. When Gay Marriage will be ruled a constitutional right?

My, sez Djinn, prediction. Next year. Or 2024. It's a long post, I know, but this is as short as I can make it. Want more info? Just ask.
California put on its ballot, this year, a citizen initiative to change the California constitution to declare marriage as allowable between only a man and a woman. The famous Proposition 8.
Subsequently, the California Supreme Court declared gays a protected class, subject to strict scrutiny; which means under the 14th amendment to the Constitution, they have a right to marry.
All discrimination is not created equal. In US law, there are three distinct categories, strict scrutiny, intermediate scrutiny, and rational relationship.
Strict scrutiny, as you may be able to ascertain from its name, is the strictest, and only applies when a fundamental right is infringed, or when a "suspect classification" is used. Race is a suspect classification. Under suspect classification, for example, blacks and whites cannot have separate water fountains, "separate but equal" does not win.
The California Supreme court has determined that Sexual Orientation is a "suspect classificaion" with the effect that laws applying to sexual orientation must be justified by a "compelling government interest," must be "narrowly tailored," and must be the "least restrictive means" of achieving the compelling governmental interest.
Gays in California used to have, and currently have the option of entering into "domestic partnerships" which have most, but not all, of the benefits of marriage at the state level. They have no benefits at the federal level.
Under "strict scrutiny," such "separate but equal" rights are clearly disallowed. It's why you or I cannot put up separate water fountains for blacks, or whites.
So.... The people of California have amended their constitution (with only 52% of the vote! But that's for a different rant.) to require marriage (this is a completely civil right, in that the benefits are granted totally by the government) to be between only a man and a woman.
But, under strict scrutiny, there are only two possible ways to handle one group being denied rights granted to another group. 1. Give the rights to the denied group (integrate schools, no separate water fountains) or, 2. Take the rights away from the privileged group. Bang, Zoom, thank you m'am, or sir.
The California constitution, by disallowing marriage between two people of the same sex, has now invalidated reason 1 of the possible solutions. Gays cannot be given marriage rights. However, reason 2 is still open; that is, Marriage can be denied to all. This is, I suspect, what the actual outcome will be. There is 3; another choice, the amendment could be declared a "revision," and thus subject to stricter standards to pass, that is 2/3rds majority in both CA governmental houses and a vote by the people. This would invalidate it, but there is very little case law to determine the probability of this, so let's think of the exciting possibilities.
Assuming the court doesn't choose revision, the only option available is to deny Marriage to all Californians, and give them all civil unions. This has serious consequences, as civil unions are not recognized by the US government, which would deny those couples now able to get married that right.
That is an important point, because state constitutions can add extra rights not guaranteed by the US constitution, but cannot subtract rights guaranteed by the constitution to all.
So, when (or if) California declares all marriages invalid under their constitution, we will be in a unique situation. For the very first time, the issue of Gay Marriage will be "ripe" to be heard by the Supreme Court.
Currently there are four almost 100% probable no votes for gay marriage, one unknown vote (Kennedy, the only vote that counts, because he is the swing) and four at least potentially probable yes votes. So, there's probably even odds, if the Supreme court hears this issue, that they will say "No."
However, Kennedy wrote the opinion in "Lawrence v. Texas," the ruling that gave gay people the constitutional right to have sex (in 2003!) and so is at least a probable "yes" vote.
In Lawrence, Kennedy penned that
"our laws and tradition afford constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education." ... "Persons in a homosexual relationship may seek autonomy for these purposes, just as heterosexual persons do.”Sounds like he sees Gay marriage as a fundamental right. If so, then Americans might soon have a constitutional right to gay marriage, fueled, (ouch. My irony meter just broke...back to the shop.....) by the diligent efforts of the "Yes on 8" people in California.
Scalia, in his angry dissent in Lawrence agreed, stating:
Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned.
Assuming Kennedy votes "no", I ran a statistical analysis on the ages of the conservative justices to determine the average year one would die. (I possess such superpowers; but, to compensate look somewhere between silly and stupid in a bodysuit and cape. Not true, I can rock the cape, but no bodysuits or tights for me.) It's just about 16 years from now. If there is a Democrat in the White House in 2024, and an interceding Republican administration hasn't installed an anti-gay conservative (bit, uh opinionated, Djinn? Hell Yeah!) we, after every single other country in the first world (assuming we're still in that group) will finally decide that gay people have the right to get married. Pretty depressing.
Postscript. There are only five conservative justices, so the error bars on my prediction are pretty wide, but I used what material was at hand for my prediction. So there.
Very Busy Indeed
And Winter is just starting! Soon I will be shoveling during snowstorms as well.
Monday, November 24, 2008
Very very close to a Prince Song.
Beck -- Debra. Sample lyric: "I've got to get with youuuuuu, and your sister, I think her name's Debra." Plus bonus perfect falsetto, and cute little wiggle; not Beck's fault that he's somewhat lacking in the Booty department. Though I'm sad than no fishnets or high heels are directly involved. Lady, step inside my Hyundai.
Whoops!

Too bad they misspelled grammar! Or maybe that was their intent and I'm an idiot. Anyway, goofy T-shirtsare a great fashion investment for the recessionista.They make great gifts too.
Wednesday, November 19, 2008
Not a Prince Song.
Sorry, guys, I was going to put up some inappropriate Prince song, but ran across this Public Image Ltd. song, Careering, off "Metal Box," instead, and could not resist. Metal box is a three album set released in what appeared to be a metal film canister, recorded at 45 RPM. Needless to say, I love it. Check out Jah Wobble's immense base line.
Here's John Lydon and Keith Levene (PIL's guitarists) on a talk show insisting that PIL is not, actually, a band, and they certainly don't play rock and roll. "They play rock and roll at airports." "A bunch of gits on stage."
The Missionary currently known as Prince
Knocking on a door near you soon! Best news ever! I'd happily talk about the Bible with him, 'specially those good friends David and Jonathan, why God hates Shrimp, and if you really dislike your mother-in-law, how would you go about turning her into a pillar of salt? (What can I say, I spent years, years of my life in church with no reading material but the KJV, which has some rather fun bits.) He told the magazine that he attends meetings at a local Kingdom Hall, and
he leaves his gated community in Los Angeles at times to knock on doors and
proselytize. "Sometimes people act surprised, but mostly they're really cool
about it," he said.
Oh, and Prince, I promise I'd be cool about it.
Tuesday, November 18, 2008
Housekeeping tip # 7 Go with the cheaper wine!

This study from the "American Association of Wine Economists" (as an aside, who knew such people existed, and what are their lunches like?), and its all scientific and everything, explains in excruciating detail, with graphs even that, well, let them speak:
Our main finding is that, on average, individuals who are unaware of the
price do not derive more enjoyment from more expensive wine. In fact, they
enjoy more expensive wines slightly less.
Two-buck chuck, here I come.
If you actually read the paper (not recommended without a bottle of your favorite plonk nearby) you'll also find out that if you think that wine A is more expensive than wine B, you may, indeed, prefer wine A. Paper bags all around, or that old standby, pour the cheap stuff into some expensive bottles you found lying around. Everyone will enjoy the fun!
Monday, November 17, 2008
Bush Administration Sneaks One Last Treat Into Oil and Gas Corporate Goody Bags

The Bureau of Land Management is offering over 350,000 new acres of land in Utah for leasing by oil and gas companies.
This is the fire sale, the Bush administration's last great gift to the oil and gas industry," said Stephen Bloch, a staff attorney for the Southern Utah Wilderness Alliance.
"The tracts of land offered here, next to Arches National Park or above Desolation Canyon, these are the crown jewels of America's lands that the BLM is offering to the highest bidder," he said.
An examination of the parcels, superimposing low-resolution government graphics onto Google Earth maps, shows that in one case drilling parcels bordering Arches National Park are just 1.3 miles from Delicate Arch.
"If you're standing at Delicate Arch, like thousands of people do every year, and you're looking through the arch, you could see drill pads on the hillside behind it. That's how ridiculous this proposed lease sale is," said Franklin Seal, a spokesman for the environmental group Wildland CPR.
This news was a surprise to the National Parks Service, but the head of BLM in Utah said notifying them was not required by law. The sale is scheduled for Dec. 19. Write your representatives now.
Friday, November 14, 2008
Yet another obsession
Patriotic Gift Ideas


Visit 'America the Giftshop' for gift ideas this year.
Everything from furniture to toys, chocolate and fashion in one rather slow-loading site.
(Actual Merchandise not available. It's political art by Phillip Toledano)
Expat No More

Living in exile in Paris while studying the Kamasutra with communists, Mickey now plans a return to his native country. Obama's inauguration should again make this country a haven for sexually depraved, french-speaking, commie-pinkos.... at least that is what Mickey has read in some blogs. Plus, he thinks Euro-Disney blows.
Hat-Eating Party TBA
Thursday, November 13, 2008
What can I say? He was the Walrus, but now he's John (Lennon).
Here's my favorite John Lennon Song, sans Phil Specter. Such raw emotion. He deserves his ranking. Mother. "Mama don't go, daddy come home."
One actual Live John Lennon song is not enough. Instant Karma.
"Why on the earth are we here? Surely not to live in pain and fear."
All you people who (theoretically) read my (and kerfuffler's) blog, but don't listen to the music videos, I know you're out there. I understand if you don't like the early 20th century 12 tone stuff, or the punk rock, or the riot grrrrrls, but you should really make an exception and listen to these two beautiful John Lennon songs. No downside. Plus there's bonus Japanese captions. Everybody now--"We all shine on. Like the moon and the stars and the sun. On and on and on and on."
I have to do something to help the world be even slightly better. Why on earth are we here? Surely not to live in pain and fear.
One more, "Imagine." And the world will live as one. A guitar version! Usually, John played it on piano. So it's special. Alright?????
Now off to bed with me, to dream of anonymity. I remember, vividly, where I was when I heard that John Lennon had been shot. I was in a humanities class at the University of Utah. On the 2nd floor. Of some building that my brother James free-climbed. The name? Lost to history. I burst into tears; for me, the only possible response. Still. Good thing I have allergies to blame my red eyes on.
As an exercise for the reader, and to keep this post from being any longer, look up "Working class hero."