A Gay Reading of... Miller v. California

I finally found sometime to do something on Miller v. California.

I will be publishing a write up in a little while to cap off the Obscenity on Trial Series.

Enjoy if you can.


Liam '14

Happy No Taxation Without Representation Day

Happy Freedom Day, Decleration of Independence Day, or 4th of July, which ever one floats your metaphorical boat.

I'm coming up on a busy stretch right now, so I will make no promises to myself or anyone else about what I will be posting.  However, I do want to post something about the Miller Test soon-ish. So yay to that.

Have fun and keep all of your digits safe when playing with explosives.


Liam '14

Let's Welcome Kentucky to the 21st Century

Today the Courts ruled in favor of in-state marriages. Yay!

So let's update the mother fuckin' map.

Boom!

Stay issued of course, but onward we march.

Liam '14

Sunday Morning Slander

Warning the following is so stupid you may void your bowels: Enjoy.

This weekend was Twin Cities Pride. Of course since it's pride weekend that means the stupid is out in full force. And this is really fucking stupid.

Thanks to the intrepid reporting of Andy Birkey (who was a part of the Rachel Maddow lawsuit that I analyzed forever ago) at the Twin Cities Daily Planet, we are granted insight into the inter machinations of a local evangelical organization called Trinity Works:

The group says it has about 300 outreach workers scheduled for Pride, and those workers will be based at First Baptist Church on Hennepin Avenue along the Pride parade route.

Its leader Steven Uggen told a group gathered in April at The Well, A Living Church in Robbinsdale, that people will be cured of “HIV or AIDS” at the Pride festivities. Uggen says that by healing those with HIV, it will prove to the LGBT community that they should find Jesus and leave “the lifestyle.”

Please go read the full article.

How to go about this:

A.)     There are reportedly 300 people not only dumb enough to buy this Aids-Denialist bullshit, but they are also willing to participate.

B.)     There are reportedly 300 people who think they can channel God to heal people.

C.)     This organization thinks that the Gayz haz the Aidz.  HIV is a virus you fucking dumb pieces of shit. What the fuck is wrong with you. Do you think that MILLIONS of South Africans chose a sinful life style. You fucking fucks.

D.)     If anyone stops taking their antiretroviral cocktail due to these bottom feeders... ughh so fucking pissed. Mother.. son of... 

There is a phase, "Never attribute to malice that which is adequately explained by stupidity," but these assholes are really pushing it.

Liam '14

Hat Tip to Joe.My.God 

A Gay Reading of Lawrence v. Texas

Hey Look what I found on YouTube.

Some dickhead stole my voice, my image, and my childlike sense of humour. Oh, wait no, I was drunk again and decided it would be fun to post a video.

So go check it out if you fucking hate reading.

I'm planning on reading some of my favorite cases and doing my thing with them. So keep a look out for more.



Liam '14

Update: Kitchen Upheld and Indiana WIns Big

The 10th Circuit Court in a 2-1 decision, issued a broad ruling upholding the District court ruling. A stay was also issued until Certiorari . As a result marriage equality has spread throughout the entire 10th Circuit, but due to the stay, marriages will not be granted, unless the state officials in the other marriage lawsuits dismiss their cases.

Also Indiana surprised everyone when a Federal Judge struck down the state marriage ban. And immediately people were gay married. Like in less than an hour. I mean crap, I couldn't find my birth certificate in less than an hour. So good for them.  Their marriage may have set some new ground speed record or something.

Anyway, to celibate today's wins I have update the map:

So Mazel Tov to the handsome grooms of Indiana.


Liam '14

Obscenity on Trial Part V

This is Part V in a series on One, Inc. v. Olesen, which dealt with obscenity laws.

Click here for Part I, Part II, Part III, Part IV, Part VI

Moving from the 9th Circuit decision, it's funny how a longer decision such as the 9th Circuit's can be reversed by so few words. One, Inc. v. Olesen, 355 U.S. 371 (1958) states:

Eric Julber for petitioner.

Solicitor General Rankin, Acting Assistant Attorney General Leonard and Samuel D. Slade for respondent.

PER CURIAM.  

The petition for writ of certiorari is granted and the judgment of the United States Court of Appeals for the Ninth Circuit is reversed. Roth v. United States, 354 U.S. 476.

And that's it. The Supreme Court here is referring to the Roth test which states:

"whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest."

In other words, does the average person see it as directly sexual. And in One's case, nope.

While Roth does go mostly uncommented, the 9th Circuit didn't entirely ignore Roth:

The poem pertains to sexual matters of such a vulgar and indecent nature that it tends to arouse a feeling of disgust and revulsion. It is dirty, vulgar and offensive to the moral senses. Swearingen v. United States, 161 U.S. 446, 16 S.Ct. 562, 40 L.Ed. 765; United States v. Limehouse, 285 U.S. 424, 426, 52 S.Ct. 412, 76 L.Ed. 843; Tyomies Publishing Co. v. United States, 6 Cir., 1914, 211 F. 385, 390; United States v. Roth, 2 Cir., 237 F.2d 796, 799, 800. 

So it would appear the consequence of One, Inc. v. Olesen is that depictions of homosexuality is not per se obscene. That simple though is so short, but it was the first pro-gay ruling in American History. Without this ruling there may not have been a gay rights movement. No communication, no organization.

Stay tune for the conclusion of this series which examines the Miller test, which comes out of Miller v. California. The Miller test is the current obscenity test.  


Liam '14

Part I, Part II, Part III, Part IV, Part VI

To fulfill my obscenity and obligatory masturbation joke quota, if you disagree with any position expressed here, you can go finger yourself, super-deep like a sock puppet.