Posts tagged ‘Gay Marriage’

March 27, 2013

Nuremberg Laws REALLY Equal U.S.A. DOMA!!!

by Teréza Eliasz-Solomon (HeiressMommy™)

LadyJustice My “mixed” parents adored one another … odd coupling they were but amazing together. They were a heterosexual Jewish and gentile mix; my father Jewish and Mother of Albanian Muslim and Italian Catholic family – who later converted to Judaism, making me very Jewish [you know how converts become zealots and WOW was Mother a REAL Zionist]. They married after – here is the REALLY cute part – after my Jewish Father, walked into a Temple University Christmas dance and picked up my part Albanian Muslim Mother in the late 1930’s – sounds like one of those Rabbi and Priest walk into a bar jokes, doesn’t it? No joking here because despite the odds against this union, they married, had children, became business owners, grand and great grandparents, politically and socially active – spending the next fifty years being absolutely spectacular together.

As many of you who follow me or know me personally are aware of – my second husband [I was widowed at 21 years of marriage in 2001] legally took my last name of Solomon – Chester Michael Eliasz-Solomon, for among other reasons, wanted to honor my REALLY special parents by becoming a Solomon in January 2012 – quite a legacy I am sure you will all agree. Oh yes, let me mention here that my husband is Catholic, I am an observant Jew and we agreed to raise our children Jewish, keep homes Kosher and respect both faiths at all times.

Now you ask – what does this lovely family biography have to do with U.S. DOMA  – the rights for ALL Americans to marry? You probably know already that I am very willing to tell you – so sit back and prepare to do the OMG stuff because I assure you that my words will inform you as to why REAL marriage equality for everyone in this great nation is the only REAL solution and the only REAL faith based option.

Berlin in the winter of 1943 was the witness to a non violent demonstration that has come to be known as the Rosenstrasse Protest. This effort by the non-Jewish [“Aryan“] wives and in law relatives of Jewish men who were arrested and being deported on account of being married to gentile women was only part of the experiences that so called “mixed” couples were dealing with in Nazi Germany. Prior to this in 1935 at a Nuremberg rally, the Nazi party announced laws – yes REALLY , government administrated, legal and formalized Court stipulated dictates – stating that Jews could not marry nor have children with gentile German citizens. Here in the great United States of America we had Anti-Miscegenation Laws that segregated who could marry according to race – legal in some states until 1967. I know what you are thinking: “Oh no – surely, these horrible situations are not comparable to not allowing gay people to legally marry in U.S.A.!” – really I say in response – it is the same I assure you because civil laws are not to be subjugated to anyone’s prejudice and if they are, then you have Nazi rule or segregated pre-civil rights law America. On Tuesday 26 March 2013 the United States Supreme Court began hearing Hollingsworth v. Perry – they will need to decide if this great nation continues to deny equal marriage rights to all our citizens or do we follow REAL precedence law already decided and make equal REALLY mean equal once and for all. In 1954, which many have heard and seen my reference in this blog was what my civil rights activist Father, Abraham H. Solomon thought to be a REALLY good year … you see I, his long wanted only daughter was born that year on his March 5th birthday and Brown v. Board of Education was decided correctly in his opinion. Yes indeed – that is my unique family tonality – my birth and a civil rights SCOTUS decision on par – I love it. Anyway, that legal case decided once and for all time that separate is NOT equal in this country and so today asking that we allow gay citizens only civil unions and not full marriage rights is a legal affront and a waste of valuable time and money. To this point, I can not fully express my shock – despite thinking myself well informed on such matters – when I learned in a Villanova Law class that sexual preference is not a “protected class” in this nation … why dear G-d should a thing like being a part of LGBT community be any less a right than faith or race? Do NOT give me that bogus argument that sexual preference is a “choice” and religion and race is not. Does not one decide to be a certain religion? Indeed if you profess that sexual orientation is a choice, then religious prejudice is not illegal and if like myself, you agree it is akin to race in that you are born that way – well then my dear readers, we agree – no choice and hence needs to have full protection under the laws of this land.

So now – lets just all calm down and allow ALL Americans REALLY equal rights to marry, divorce, fight over custody of the children and all that REALLY fun stuff. If I am to appeal to your softer selves – a bit of tugging at your heart strings – please learn about the Love couple of Virginia [see Loving v. Virginia] … this black woman and white man were arrested and sentenced to a year in jail for being married because even in the 1960’s some in our nation thought that was a crime. In my memoir, Heiress Mommy … A Modern Super Woman Life! I REALLY will share each and every REAL fact about why issues concerning freedom of all sorts tugs at my heart strings, occupies my thoughts and motivates me to speak out so often. In the mean while, we supporting equal marriage assure all of you that no religious institution – not my synagogue, your church or mosque will ever be forced to marry same sex couples – only City Hall will be sharing in these REALLY joyous occasions!!!

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February 26, 2013

Its All About the Constitution [Stupid]!!!

by Teréza Eliasz-Solomon (HeiressMommy™)

lady_justiceWe all remember – at least those of us old enough and interested in such matters – when our dear President Clinton told this nation in 1992 that it is all about the economy [stupid] and I agree – I often say if one can not feed their family, pay the rent and such, than political nuances are not going to be of any concern to them. Equally important to this great nation and even relevant to most things economic is our United States Constitution. Not just for those of us studying law or addicted to things like the latest Supreme Court decision [look I willingly admit to reading  in entirety the SCOTUS  legal decisions for fun – I know  – you are thinking how boring!!!]. Do not fool yourself my friends – this nation is only viable as long as it adheres to laws and not the dictates of each citizen’s personal passions or prejudices. Yes, as a Jew, I am fully aware of other nations that morphed their jurisprudence into an evil bastardized form to prosecute “legally” my people … the Nuremberg Race Laws are a horrific example of exactly how a legal system was perverted to do great harm. Vigilance must be constant – legal formats tweaked and changed but this does not equal allowing individual prerogatives to rule the courts of our great land. No, no, no – never should we be victims of a few self interest ideals in decisions of legal matters or rights of our citizens. The conversation today needs – make that requires – a committed and well informed involvement by each of us to assure all of us remain REALLY protected under the law. Here again, is why laws are an economic issue – one needs to be concerned that the old joke “the best justice money can buy” is not a U.S.A. reality. Lady Justice may be blindfolded but she has never been without insight. REAL justice must not be a mere academic treatise but a living and well tended to discipline. Let us examine the current present day concerns that face our legislatures and judges – you must not turn away for all of us are affected by the ruling laws in this country. I believe the extremist from all political sides are a REAL threat to modern judiciary – the imperative exist for attentive participation in relationship to all things legal. Do not fret, I will lead you down the path toward your rightful voice on such matters or at least peek your interest [I hope and pray].

Just this week Justices Sotomayer and Breyer rebuked a lawyer for racially charged “pernicious” language in a case concerning a Texas man’s drug possession conviction – this stands out specifically in relationship to my topic in that the Court declined to hear the case and yet found it necessary and warranted to admonish the prosecutor for allowing prejudicial evidence as a determinant factor. Paramount to our fair and balanced judiciary is to establish that while one may be guilty of a crime, they are not to be found guilty on account of unconstitutional factors. Justice Sotomayer was adamant that “substituting racial stereotypes for [REAL] evidence” was not to be tolerated in our Courts. Any stereotypes or the predetermined judgments about an accused individual actually nullifies the REAL power of our laws … one is always left wondering if someone is REALLY guilty or in fact, found to be on circumstantial evidence when bias exist. Him or her today could very well mean you or me tomorrow if only our fellow citizens or lawmakers preconceived notions of one or another group among us is to facilitate prosecutorial  efforts. Here we are at that proverbial “slippery slope” scenario – a steep and often quick slide down to the horror chamber of unequal and REALLY unfair court room dictates. What is called enforcement discretion – that which allows law enforcement and prosecutors to selectively decide on what is or not to be proceeded against is in need of constant oversight. We all have prejudices, we all have preconceived ideas and notions about others but what we all do not have is the ability to enforce and proceed legally against other citizens – hence the absolutely necessitous attitude toward those with such life altering responsibilities. Most do their work with “due diligence” but when a few become a threat to the very structure of our constitutionally established laws, all effort must be taken to seize the reigns in order to pull back the attempts that might very well destroy our nation’s legal system.

My heart and mind were gladdened by the amicus brief of 75 prominent GOP members – including President George W. Bush – filed this week to the Supreme Court in support of the constitutionality to allow gay Americans to have the equal right to marry under our civil laws. I and those like minded will defend all religions to do as their conscious see fit in this realm – no one will be forced to marry anyone in their faith but all must be allowed civil matrimonial equality. As the highest court in this land will review that legal matter during this year’s session, the Republicans who signed that legal brief are stating that despite rather conservative ideas about matters important to our country, they feel that the constitution is not the place to decide the right or wrong of that which all citizens are legally entitled. What is confusing to some is why moral issues like civil rights are the purview of courts and legislation but not who can or cannot be allowed to marry. It is really quite simple – the former is a REAL delineation from our Founders desire to have all  equal under the law and the latter exactly the opposite.

I see our United States Constitution as a sort of secular bible – our jointly held and guiding life in America legal manual. I am the benefactor of my wise Father who paraphrased often Blackstone’s formulation stating that “better ten guilty men go free, then one innocent fellow be punished or imprisoned“. This mandate broadens to civil areas as well criminal under our United States legal system and we must be attentive guardians in perpetuity or lose our way.  To allow personal prejudices to get in between our national community and those laws that govern us all would be not only destructive but a reactionary nightmare. Neither liberalism nor conservative constructs should be our ultimate defining national template – we absolutely must adhere to the REAL ideals of our Founders – that is to hold fast to the promise of REAL and complete equality. No matter your status, your background or your self perceived place in the American mosaic – you and I are the REAL gatekeepers of that most magnificent of human documents, The United States Of America Constitution!!!

Happy me = 2013!!!
P.S. Someone asked me what I would do if after finishing law school, etc. I somehow managed to be nominated & confirmed to sit on the Supreme Court … well I first suggested I could never get past the confirmation hearings, as I would never tolerate being so disrespected. However, should I make it to SCOTUS – my first task I explained would be to go to a REALLY good tailor. My attorney friend obviously was confused – why a tailor he wanted to know. I explained to have my robe shorten, tightened & neck lowered … still confusing my legal buddy, I further explained because I want to be known as the “babe justice“. Why I was asked, as I am such a confirmed feminist & wouldn’t that be antithetical to such a life philosophy. Not at all I insisted because you use what you have – all of it I told my pal – to get REAL justice for ALL. Well there will REALLY be more about that and other REAL life facts in my memoir, Heiress Mommy … A Modern Super Woman Life!

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