Weekend Update 12/29/2018: Empty Seat in District 9, First Kisses, and Double Dads
The first one also involves me geeking out about two of my favorite topics: Parliamentary Procedure and the Constitution. And since it is politics and you’ve already had plenty of that this year, please feel free to scroll down to the First Kisses and Double Dads sections. I promise this update ends on a happy and adorable note!
Empty Seat in District 9
I have posted lots of links (and written some longish posts) about the Blue Wave that happened in the midterm elections. Well, that story is still developing. One of the issues is related that the misreporting that happens pretty much every election night in America: networks and the reports, anchors, and analysts that work for them all like to declare winners on election night, so they can then spend time explaining what this means. The problem here is that there are often a lot of ballots left to count in every district of every state on the morning after election night. And sometimes races which don’t appear close on election night turn out to be very tight. This is why on the morning after election day news services all over the place were declaring that the Blue Wave was just a ripple, when it fact, once all ballots were counted and elections were certified, it turned out to be more of a tsunami.
To wit: on election night is seemed the Democrats had only taken a net 20 seats from Republicans in the House of Representatives, but by the end of November, when nearly all of the elections were actually certified, it turned out to be 40 seats. A lot of races that networks had decided were likely Republican actually were won by Democrats.
And then there is the 9th District of North Carolina: House won’t seat North Carolina Republican amid ongoing election fraud dispute. Why won’t they be seating him, well, it’s simple: he hasn’t officially won, yet: North Carolina De-Certifies NC-09 Republican Win For Potential Fraud – By the time this is all over, we could have yet another win in the Democratic column..
Here’s what we know. During the primary, before the actual mid-term election, voters in one region of the state began reporting receiving absentee ballots that they had not asked for. Then reports came in of people showing up at the doors of some people who had absentee ballots and offering to take them to turn in for them. Turns out there was an extensive operation to steal absentee ballots, filling out and forging signatures on blank ones when they could and discarding those that had been properly filled out but didn’t vote for the Republican. And the crazy thing is that the people running it kept records of their activities! North Carolina election-fraud investigation centers on operative with criminal history who worked for GOP congressional candidate.
North Carolina law requires the election board to, if election fraud is proven, void the election and call a special election. The law also authorizes the election board to void even if fraud isn’t proven if the there is sufficient cause to doubt the integrity of the outcome. Because the investigation was ongoing, the margin of “victory” is only 905 votes, and the number of illegally diverted in at least in the hundreds, the Election Board voted unanimously to not certify a winner in the race. One wrinkle: the vote was on Friday, the last day of operation for the current Election Board, which had to dissolve because of another, unrelated, lawsuit. The new governor has to appoint a new board. At one point the outgoing governor was discussing appointing a temporary board, but decided that it was unlikely any decision of temporary appointees would survive any court challenge.
This means that the investigation into the fraud won’t be concluded before the new Congress meets next week.
Now a lot of people have been sharing on social media the claim that a Supreme Court case from 1969, Powell v. McCormack, prohibits the new Congress from refusing to seat the so-called winner of the District 9 race. And that’s where my nerdiness got triggered. Powell v. McCormack was a complicated ruling about two statements in the Constitution, both from Section 5 of Article 1: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members…” and from the next sentence: “Each House may…, with the Concurrence of two-thirds, expel a Member.” It is true that the Court ruled that the House couldn’t vote to expel a member without first allowing said member to be sworn in a seated. But the Court also said that this only applied to members “only after a member-elect had been elected under the laws of the state in which the congressional district was located.”
Under the laws of North Carolina, the person isn’t elected until the Election Board certifies the results. It doesn’t matter that one candidate has declared himself the victor by 905 votes. It sure as heck doesn’t matter if a bunch of television talking heads declared him the winner on election night. He does not become a member-elect until the North Carolina Election Board certifies him as the winner. The Board unanimously voted that not to certify. North Carolina law requires a new election if fraud is proven, and allows a new election if fraud seems likely.
The Blue Wave may actually turn out to be one victory bigger than we thought!
The U.S. Navy has a tradition that when a ship has been deployed for an extended time, that upon return to shore, there is a symbolic first kiss of a spouse welcoming home one of the sailors. The ships hold a raffle to determine who will be the sailor who does this. Naval spouses are typically on hand to meet the ship, and there is usually a whole lot of kissing and hugging and joyful welcoming that happens after that first kiss. This happens all the time, so it should be no big deal, right? Well: Gay Sailor’s Homecoming Kiss Prompts Wrath from Local News Viewers, Jubilation from Social Media.
First, this is hardly the first time a same sex couple has been the first kiss for a returning ship. Queer people have been allowed to serve opening in the U.S. military since September 20, 2011. The very first same sex married military couple were married on that very day. These two guys are hardly the first same sex couple to win that silly first kiss lottery (that is believed to be a lesbian couple back in December of 2011), and not the first to go viral. So I’m not exactly sure why this one blew up the way it did.
Same-sex Navy couple faces backlash for re-creating iconic WWII kiss: ‘We’re just showing our love for each other’. Is it because they’re an interracial couple? Was it the recreation of that old WWII photo? Who knows?
I’ll just leave it at: if you object to a pair of spouses kissing after being separated from months, you don’t ever get to claim you’re not a bigot.
For the first time ever, Nickelodeon’s ‘Double Dare’ features a family with two dads. So, Nickelodeon is considered a kid’s programming network, and the Double Dare game show is one of its most popular programs. In the show, families compete in what is essentially a trivia contest, where the family can perform a physical challenge rather than answer the question in order to win a round.
What I liked about how this story was how casually it was handled. The host asked them how they had become a family, the dads responded that six years ago they adopted their two sons, and then the host said, “And now you’re on Double Dare as Team Double Dads.”
That was it. And you know what? That’s all it needed to be.
Adoption by same sex couples is still under very active attack from many bigots, so I want to remind everyone that letting queer couples adopt children doesn’t mean that straight couples are being denied those kids. There is a serious shortage of qualified foster parents and adoptive parents. The Foster Care Crisis: The Shortage Of Foster Parents In America. For lots of kids without parents, the alternative to a gay or lesbian couple or a single parent adopting them isn’t a straight couple, it’s no family at all. Officials currently estimate that 65,000+, or about 4 percent of all adopted children live with gay or lesbian parents at this time.
Adoption questions aside, there are a lot of children being raised by queer parents. It’s a difficult number to nail down, because even now it isn’t always safe for people to openly declare their sexual orientation. Most of the studies indicate that at least 160,000 families headed by a gay or lesbian person include children under the age of 18. One reason for that is that lots of queer people, particularly in conservative states, make a go at straight marriage, wind up with kids, and then come out of the closet afterword. So a lot of kids are being raised by their divorced queer parent (with or without a queer step-parent).
A bigger take-away is to remember this: Most kids don’t live in a so-called traditional family; only 46% of kids live in a family led by two heterosexual parents in their first marriage. And there isn’t anything wrong with that.
Besides, why shouldn’t people get to cheer on these adorkable dads and their adorable sons: