Ra bless Texas!

I'd like to say 'Hail Satan!' just to piss off some Christians, but of course I don't believe he or Hell exists, either.

Texas atheists, breathe a sigh of relief. While it may not be easy for you to be elected to public office here if you fly the banner of secularism, the state Constitution won’t bar you from running.

The issue of religious preference and who is eligible to run for Texas political office was exhumed – again – this week after Austin City Council candidate Laura Pressley distributed a mailer claiming her opponent Gregorio “Greg” Casar was an atheist and therefore legally barred from holding public office in the Lone Star State.

“As someone who’s on record saying he doesn’t believe in God, Casar can’t legally represent North Austin’s District 4 on the City Council,” the Austin American Statesman reported Dec. 1.

Yep, that's what has always discouraged me from running, that's for sure.

Pressley referenced Article 1, Section 4 of the Texas Constitution, which states, “No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.” (italics Lauren McGaughey's)

While the article indeed remains on the books in Texas – and several Southern states – it’s been proven time and time again to be in violation of the U.S. Constitution.

“There’s no question is that it is void and unenforceable,” said Keith Werhan, the Ashton Phelps Chair of Constitutional Law at the Tulane University School of Law in New Orleans. University of Houston Professor Brandon Rottinghaus said such provisions provided a “post-reconstruction approach to making sure religion still had a place” in former Confederate states.

Article VI of the U.S. Constitution bars such religious litmus for those running for federal office, and the U.S. Supreme Court invalidated such provisions in state Constitutions in 1961. In Texas, the last time the article was discussed in the 1980s between Madalyn Murray O’Hair, a voter, and then-Attorney General Jim Maddox, according to Texas Monthly.

In a federal court agreement, Maddox said the article “is void and of no further effect in that it is in violation of the Establishment Clause of the First Amendment of the United States Constitution.”

Nice to be reminded that if this blogging thing doesn't work out that I can always fall back on a career of public service.

Hail Satan anyway!

Eric Garner joins Michael Brown, Tamir Rice, Oscar Grant...

So it seems that even when there is videotape evidence, and even when a large black man cannot be seen as a threat to a police officer because he is on the ground in a chokehold, the grand jury still isn't going to indict the police officer for killing him.

The decision in Staten Island not to indict Officer Daniel Pantaleo threatened to add to the tensions that have simmered in the city since the July 17 death of Eric Garner -- a case that sparked outrage and drew comparisons to the fatal police shooting of 18-year-old Michael Brown in Ferguson, Missouri.

Jonathan Moore, an attorney for Garner's family, said he was told of the grand jury's decision.

"I am actually astonished based on the evidence of the video tape, and the medical examiner, that this grand jury at this time wouldn't indict for anything, is really just astonishing," Moore said.

'Astonishing' might not be the first word on the minds of many others this afternoon.

The grand jury could have considered a range of charges, from murder to a lesser offense such as reckless endangerment.

A video shot by an onlooker and widely viewed on the Internet showed the 43-year-old Garner telling a group of police officers to leave him alone as they tried to arrest him.

Pantaleo responded by wrapping his arm around Garner's neck in an apparent chokehold, which is banned under NYPD policy. The heavyset Garner, who had asthma, was heard repeatedly gasping, "I can't breathe!" A second video surfaced that showed police and paramedics appearing to make no effort to revive Garner while he lay motionless on the ground. He later died at a hospital.

The medical examiner ruled Garner's death a homicide and found that a chokehold contributed to it. A forensic pathologist hired by Garner's family, Dr. Michael Baden, agreed with those findings, saying there was hemorrhaging on Garner's neck indicative of neck compressions.

As usual, the cops are making excuses.

Police union officials and Pantaleo's lawyer have argued that the officer used a takedown move taught by the police department, not a chokehold, because he was resisting arrest and that Garner's poor health was the main reason he died.

While details on the grand jurors were not disclosed, Staten Island is the most politically conservative of the city's five boroughs and home to many police and firefighters. The panel began hearing evidence in late September, including the video, autopsy results and testimony by Pantaleo.

Same old story, same old result.  A black man is dead under questionable circumstances at the hands of a white cop, and the mostly white criminal justice system failed the black man's family once more.

One more straw on the camel's back.  How many more can it take?

Black lives matter. #EricGarner pic.twitter.com/daGipq6Pbl

— Race Forward (@RaceForward) December 3, 2014

Update: More reactions.

Conservatives ask Rick Perry to halt execution of Scott Panetti

He's running for president, so I kinda doubt he hears this plea.

A group of conservative leaders is mounting a last-minute effort to stop Texas Gov. Rick Perry (R) from executing inmate Scott Panetti, arguing that killing "one of the most seriously mentally ill prisoners on death row in the United States" would "undermine the public's faith in a fair and moral justice system."

[...]

Twenty-one conservative leaders have joined with mental health and death penalty reformers in opposing the execution, asking Perry in a recent letter to commute Panetti's sentence to life in prison. Signatories included former Virginia Attorney General Ken Cuccinelli, conservative activist Brent Bozell and former presidential candidate Gary Bauer.

[...]

(Yesterday) the (Texas Pardons and Parole) board unanimously voted against delaying Panetti's execution for 180 days and recommending to Perry that his sentence be commuted.

Perry's office did not immediately return a request for comment on whether the governor agreed with the board's decision or on whether he was considering a 30-day stay.

More than 93,000 people have signed an online petition asking Perry to grant Panetti clemency. He also has the support of his ex-wife and former Rep. Ron Paul (R-Texas).

Abby Johnson, an anti-abortion activist, wrote in a recent Dallas Morning News op-ed that opposing Panetti's execution is a pro-life position.

"A fundamental tenet of the pro-life ethic is that all life has value and we are called to protect it, especially in its most vulnerable forms. A culture of life recognizes the value of those who are vulnerable and prioritizes safeguarding them," she wrote.

"By setting an execution date for Panetti, Texas is going entirely contrary to what we expect in a society that truly values life," Johnson added. "This proposed execution shows a troubling disregard toward the reality of mental illness and protecting those who suffer from it."

Mother Jones reporter Stephanie Mencimer noted that it's "unusual for conservative Christians to support a clemency petition like Panetti's."

If there was ever a time that the governor would be able to demonstrate some human qualities -- i.e., compassion, forgiveness, a conscience perhaps -- now is his chance.  But he's running for president, and Bill Clinton failed to take the right path at this crossroads in 1992, so I'm not expecting Rick Perry to do anything differently.

Update (12/3): Of course I wasn't expecting the Fifth Circuit to do anything at all, but they did. Here's Wonkette with the snark.

In a fit of temporary sanity, the 5th Circuit Court of Appeals has issued a stay of execution for Scott Panetti... 

 

[...]

Now that the 5th Circuit has stepped in, Perry can continue to be silent on Panetti and keep hoping that taking a position one way or the other won’t hurt him with 2016 Republican primary voters. (We are joking, of course — Perry’s chances would only be hurt if he backed off from executing anyone, ever.)

The Weekly Wrangle

The Texas Progressive Alliance has awakened from its Thanksgiving food coma long enough to bring you this week's roundup.  Now back to the turkey sandwiches, turkey casseroles, turkey enchiladas, etc.

Off the Kuff is cheering for the Texas same-sex marriage plaintiffs as they move for the stay of the ruling that threw out the ban on same-sex nuptials to be lifted.

Libby Shaw, of Texas Kaos and Daily Kos, is taking a few days off to spend quality time with family. I hope all of our readers had a wonderful Thanksgiving holiday.

Some helpful tips to avoid looking like a jackass with respect to the events in Ferguson, Missouri this past week were offered by PDiddie at Brains and Eggs.

CouldBeTrue of South Texas Chisme disagrees with the GOP view that only rich, white, old men should vote.

Neil at All People Have Value attended the Michael Brown protest march in Houston this past week. The work of freedom is always up to each of us. APHV is part of NeilAquino.com.

The controversial decision in Ferguson sent shockwaves across the country, with many communities immediately engaging in protests. But as Texas Leftist discovered, the Houston protests may yield some substantive progress in the quest to outfit officers with body cameras. Plus, a new video highlight's HPD's work to tackle homelessness.

Texpatriate runs down some of the propsed changes to Houston's city charter.

Bay Area Houston wonders (not really) why we have race problems in America.

Dos Centavos published the entire fact sheet on the president's immigration executive action.

Bluedaze aggregated several days' worth of fracking bad news.

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And here are some posts of interest from other Texas blogs.

The Rivard Report, with a clear view of what "bipartisanship" means these days, reminds us that it only takes a few generations to go from immigrant to hypocrite.

Trail Blazers discovers a blast from the Tom DeLay past, John Colyandro, among the advisers to Greg Abbott.

Socratic Gadfly calls out NY Sen. Chuck Schumer for his backbiting on Obamacare.

The Texas Observer has the story of the Terrell State Hospital's terrible conditions, and the state's even worse response to them: privatize it, using a company with a bad reputation.

Lone Star Ma has had it with the textbook adoption process.

Grits for Breakfast questions Republican funny math on border security funding.

Texans Together discusses hardship exemptions for the Affordable Care Act.

LGBTQ Insider explains another acronym for the spectrum.

And Fascist Dyke Motors relates her personal Twitter troll horror story.

Sunday Funnies

How to avoid being a jackass about Ferguson

Allan Uthman, in full.

One unpleasant side effect of the unrest in Ferguson MO, and now spreading across the country, is that a lot of white people are making giant asses of themselves on social media. Amazingly, none of them are racist, as they will tell you, but that’s how they’re coming across for some reason. For these people and those poor souls who care for them, here are a few pointers on how to avoid being a huge jackass. You’re welcome, America! Let’s start with an easy one:

• If you find yourself using the word “animals” in a non-zoological context, try punching yourself in the face repeatedly until the impulse subsides.

• If you think it makes sense to judge an entire community or race based on what a few people have done, please turn yourself in for your part in whatever recent crimes white people committed in your area.

• If you feel a desire to blame the media for the simple act of covering the story, because if they didn’t, then people wouldn’t be mad, because they wouldn’t know what happened, try to understand that this makes you a proponent of censorship and that if anyone needs to shut the hell up it’s you.

• If you find yourself repeating the details of the accused murderer’s story as if it were the definitive version of the events in question, you are probably stupid. Try to keep this in mind. Even racists know enough not to trust any random white guy with a clear motivation to lie.

• If you think this was an acquittal based on a thorough examination of evidence, please make an attempt to learn what a grand jury does and how it is not a trial. Also look up how many grand juries don’t indict. Never mind; I’ll tell you: like, none. Seriously, 11 out of 162,000.

• If you found Officer Wilson’s statement that he “felt like a 5-year-old holding on to Hulk Hogan” compelling, consider that Wilson is Brown’s height, nearly his weight, and that he is a goddamn trained police officer, and that you were subconsciously wondering why he didn’t just say “gorilla.”

• If you’re tempted to wonder aloud why the media didn’t cover some other shooting in which the victim was white and the assailant black, stop for a moment and remember that the shooter WAS NOT A COP and there is therefore no equivalence. Also, please don’t mention that whites didn’t riot over the OJ Simpson verdict, because OJ Simpson is arguably the first black guy who ever got away with murder and again, there is no equivalence there, you idiot. Then also try to recognize that it is you who is putting the situation in terms of race and only race. Then shut up.

• If you were led to believe erroneous reports that wildly exaggerated Officer Wilson’s injuries, and yet still rely on the same sources of information that just lied to you, you need to acknowledge that you’re not primarily interested in the truth. But then again, why would you start being honest with yourself now?

Prosecutorial misconduct certainly; most likely corruption.  A police officer without the courage or even the decency necessary for the job, now a millionaire as a result of his fame in conservative circles.  There's more than enough wrong with this fresh stain on America's moral conscience to last for a generation.

But we know it's just going to keep on happening.  Until they can be convinced to stop it.

What do you suppose it will take to do that?

Turkey Toons

The death throes of white privilege

"This country values property rights over people."

And it begins not with black rage against cops, but white rage against progress.

When we look back on what happened in Ferguson, Mo., during the summer of 2014, it will be easy to think of it as yet one more episode of black rage ignited by yet another police killing of an unarmed African American male. But that has it precisely backward. What we’ve actually seen is the latest outbreak of white rage. Sure, it is cloaked in the niceties of law and order, but it is rage nonetheless.

Protests and looting naturally capture attention. But the real rage smolders in meetings where officials redraw precincts to dilute African American voting strength or seek to slash the government payrolls that have long served as sources of black employment. It goes virtually unnoticed, however, because white rage doesn’t have to take to the streets and face rubber bullets to be heard. Instead, white rage carries an aura of respectability and has access to the courts, police, legislatures and governors, who cast its efforts as noble, though they are actually driven by the most ignoble motivations.

The post-Civil War period, Brown v. Board of Education, the Civil Rights and Voting Rights Acts of the 1960s, the ascension of Barack Obama to the presidency.  Everyone thought this nation would improve after those things happened, but they didn't; things got worse instead.  And everybody knows why that is.

So when you think of Ferguson, don’t just think of black resentment at a criminal justice system that allows a white police officer to put six bullets into an unarmed black teen. Consider the economic dislocation of black America. Remember a Florida judge instructing a jury to focus only on the moment when George Zimmerman and Trayvon Martin interacted, thus transforming a 17-year-old, unarmed kid into a big, scary black guy, while the grown man who stalked him through the neighborhood with a loaded gun becomes a victim. Remember the assault on the Voting Rights Act. Look at Connick v. Thompson, a partisan 5-4 Supreme Court decision in 2011 that ruled it was legal for a city prosecutor’s staff to hide evidence that exonerated a black man who was rotting on death row for 14 years. And think of a recent study by Stanford University psychology researchers concluding that, when white people were told that black Americans are incarcerated in numbers far beyond their proportion of the population, “they reported being more afraid of crime and more likely to support the kinds of punitive policies that exacerbate the racial disparities,” such as three-strikes or stop-and-frisk laws.

A friend of mine wrote this.

"America is witnessing the death throes of white privilege. It's not going to be pretty -- it's been the operating principle of this continent for four centuries. The indigenous people and the imported labor and their descendants have been exceedingly polite up to this point, considering what they've endured. To my fellow Caucasians, I suggest you don't try to rub it in."

"A system cannot fail..."

"... those it was never meant to protect." -- W.E. B. DuBois

Just remember, as the mass media focuses on property damage, that this response is about something far more serious.

Police, dressed like soldiers, prepare to liberate a used car sales office.

"There's clearly a license for violence against minorities, specifically blacks," said Mike Arnold, 38, a teacher. "It happens all the time. Something's got to be done about it. Hopefully this will be a turning point."

Darren Wilson testified before the grand jury (highly unusual), auditioned television reporters for interviews, and got married -- to another Ferguson police officer -- prior to last night's decision.

Doesn't take 100 days to decide if murder is a crime, it takes 100 days to figure out how to tell people it isn't...... #FergusonDecision
— Chris Rock (@ozchrisrock) November 25, 2014

Pre-Turkey Day Wrangle

The Texas Progressive Alliance knows that even in a bad political year it has plenty to be thankful for as it brings you this week's roundup.

Off the Kuff highlights Texas for Marriage, a new grassroots group whose goal is to bring marriage equality to our state.

Libby Shaw, writing for Texas Kaos as well as for Daily Kos, is not surprised to know Greg Abbott has jumped on the Obama bashing bandwagon on immigration. Funny how the actual lawless ones try to pin their sins on the POTUS. Greg Abbott's reaction to immigration? The usual. TX Dems are not giving up.

Even as the United States Senate in the 114th Congress looks to be one of the most freakishly conservative in almost a hundred years, PDiddie at Brains and Eggs reminds everyone that -- two years from now -- nearly half of that Republican majority has to be defended, and many of those seats are in blue states. So maybe Democrats can work on building turnout then...?

CouldBeTrue of South Texas Chisme is furious over Greg Abbott's plan to take money away from projects that promote the general welfare. What does Abbott want to do with our money? Harass Mexicans and hurt the image of the Rio Grande Valley.

Easter Lemming Liberal News noted a Pants on Fire ruling from PolitiFact. Not their rating over an Obama statement on the XL pipeline but Easter Lemming's rating of PolitiFact's lie.

The Lewisville Texan Journal reported on the 3.3 magnitude earthquake that shook Irving. And Bluedaze, having reported on many of these, has a few comments also.

Texpatriate responded to the president's executive order on immigration.

Eye on Williamson had the news about the second resignation of the county's elections administrator.

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And here are some posts of interest from other Texas blogs.

Trail Blazers covered megachurch hate pastor John Hagee's speech to the largest Christian Zionist organization in the US, where he declared that President Obama is an anti-Semite.

Socratic Gadfly observed that Obama's immigration plans lays bare all the fears of the birthers.

The Texas Election Law Blog gently criticizes three less-than-stellar arguments from the week's news.

The Rivard Report highlights Texas' achievements in renewable energy.

The TSTA Blog reminds us that vouchers are a bad answer for education.

Newsdesk reviews Ted Cruz's "politics as prop comedy" act on net neutrality and other Internet issues.

Grits for Breakfast is busy analyzing pre-filed criminal justice bills.

Texas Clean Air Matters calls out ERCOT for missing the big picture on clean energy.

Better Texas Blog reminds us that immigrants drive Texas' economic success.

Concerned Citizens surveys the now much more interesting San Antonio mayoral landscape.