Knox. Knox. No Justice There.

January 31, 2014

By Tatiana von Tauber

What do you think of this Amanda Knox story?

I watched her interview here . It’s moving. I’ve been following the case for years and I empathize as sometimes facts lead to conclusions which create illusion, not truth and it is here we discover the depth of trust (and fault), in ourselves and our systems.

What is justice? Truly, at what level can another human being say “this person deserves x, y or z for punishment” and call it a day? Who is satisfied? What or whom does that “justice” affect and what is its effect? Will our community be better off with someone like Amanda in jail so we are safer or are we merely seeking justice built on what we believe a victim’s life is worth because it’s socially demanded we punish those who kill?

If Amanda Knox did aid in murder, has her emotional turmoil and years already spent in prison – in the battle for her freedom – not counted as “time served in prison” if prison is defined as a place of punishment? Has her particular suffering not counted as anything at all? For the Italian court to accuse Amanda Knox of guilt after innocence, and weigh a hefty 28 year term on her is so striking I feel violated and I’m just a spectator!

Let’s face it, society places value on murders. They happen all the time. Every day.  Why is the destruction of Knox’s life more important than the destruction of yesterday’s murderer? And what about tomorrow’s murderer? What is jail for? Is it a place to make another person suffer for their pain onto another or is it a holding cell to keep the rest of us safer? What factors determine when it’s both? Or is jail a place where we feel, as a society, a sense of accomplishment in that we are doing what we’re supposed to do to “bad people”? Is there hope to rehabilitate or only institutionalize?

I don’t know if Amanda is guilty or not. I do know that I find her to have suffered a good deal for the circumstances upon which she found herself. There’s a point where another human being should suffer for murder (Hitler comes to mind) and then there’s a point where another human being should be given reprieve when being played with like a pawn in a game and having clearly suffered through an aftermath of such accusation. How is 28 years more of prison time a case of justice served at this point in time?

Amanda Knox presents herself very authentically. Maybe she is faking it but to imprison her for another 28 years for a crime that’s been tainted is a crime onto itself. It is way too harsh and unreasonable. Consider that killing the enemy in war constitutes as justified murder – freedom fighting we call it – but Knox’s situation demands almost three more decades of her life? From an innocent verdict to “guilty beyond a reasonable doubt”?  Should this be the perfect case of “let it go”?

Life gets complicated when you discover that human beings have varied value and thus death isn’t the most atrocious thing we can do onto another.  The freedom we are given should never, ever be taken lightly as that option for choice is always at risk of being taken from others. I commend Knox’s ability to stay so vigilant with her freedom at hand and it’s terrible to have freedom handed to you like a toy to jump for.

For Italy, home of the Vatican, to not be an example of forgiveness in the light of tainted investigations (and prior innocent verdict!) certainly seems in line with the church’s very own hypocritical philosophy. Italy should have risen above common human nature of reaction. Punishing Knox will do absolutely nothing to bring back the victim, show or teach a lesson that hasn’t already been shown or taught, nor will it contribute to Knox’s potential good, to which I believe Knox is capable of expressing given the opportunity.

By demanding to lock her up further, Italy has shown an example not of justice but “murder to the spirit”. Knox, if imprisoned, would be as lifeless as the victim in the sense that neither could flourish, live a life to better themselves or others and nor contribute to the world through the good that is within them because they weren’t given a chance. One loss of life is enough but when grounds are not certain, why not give benefit of the doubt and rise above human weakness? Sometimes bad things happen and while time is the best healer (and eye-opener), it’s best to move on quickly to weave those experiences into new creations. Give people a chance. Justice is a human construct and in the case of Knox, justice begs for reinterpretation.

Amanda Knox interview: (http://gma.yahoo.com/amanda-knox-39-couldn-39-t-believe-hearing-071851472–abc-news-topstories.html?vp=1)


Talking to your kids about gay marriage

December 10, 2012

I used to have neighbors in Flori-duh, whose argument (to me anyhow) against gay marriage was “what am I supposed to tell my kids?

Louis CK had a funny reply to that.

“It doesn’t have ANY effect on your life. What do you care? People try to talk about it like it’s a social issue. Like when you see someone stand up on a talk show and say ‘How am I supposed to explain to my child that two men are getting married?’ I dunno, it’s your shitty kid, you fuckin’ tell ‘em. Why is that anyone else’s problem? Two guys are in LOVE but they can’t get married because YOU don’t want to talk to your ugly child for five fuckin’ minutes?”

The issue came up with my daughter, yesterday. Age 4.

She asked what I was reading. I told her, “an article about a Supreme Court case” – 5 questions later, and it was time to make something up, or just tell her, and see if she got it.

I brought up one couple we know who are legally married (and happen to be my son’s “godfathers”). I told her “they are married, like mama and daddy, because they love each other.”

“Oh” she said.

I then told her about our cousin and his boyfriend of 25 years – who we also refer to as “cousin.” I said “they love each other just as much, but they are not allowed to get married, because they live in Las Vegas, which is in Nevada.”

“Oh. That’s not fair.”

There… conversation had. That wasn’t so hard.

I’m glad that my four year old understands the Equal Protection Clause better than some judges. When the gay marriage cases come before the Supreme Court, I’ll be impressed if Samuel Alito or Clarence Thomas are able to show as much intellect and wisdom as a girl who thinks that Santa Claus is a member of the First Amendment Lawyers’ Association.


Eternity was in our Lips and Eyes**

April 26, 2012

A bit frigid

Egypt’s women urge MPs not to pass early marriage, sex-after-death laws: report.

Apparently, some guys in Egypt hope to have one last romantic moment with their wives once they die.  For up to six hours post-mortem.  At least they are putting in a time-bar; else, Cleopatra and Nefertiti had better start chastity belt shopping.

**Antony & Cleopatra, Act I, scene iii

Update:  Story was fake. Sorry folks. 


Feminist War of 2012

March 16, 2012

By Tatiana von Tauber

I’m embarrassed to be an American woman with witness to the current state of the Union.

Being a woman is without a doubt the most difficult process of becoming I’ve ever undertaken especially since I began my role as a mother 14 years ago. Nothing prepares you for the experience of motherhood better than truth and so I feel the same about the future of young girls in America.  There are many I know who were totally lost in the wake of the conservative pool of stupidity in the days of GWBush and his side’s abstinence education policies in American schools.  There is an entire generation of kids who are completely misinformed about birth control and sex because of religion.

More and more I feel battered by having the feeling women were given erotic beauty for reproductive purposes – that selfish gene – and then, as though being whores weren’t enough, women were thrown into the immature flatlands of male needs where they were then expected to create synthesis. However, a bit of a power struggle later, women became those to not only seduce, but birth, nurture and support an entire family, if not society yet be given “jump for the carrot” freedom on body parts – by the very men they birthed!  How did America come to be like this? If American politics continue to enter the domain of a female’s sex life,  America has little to offer women of the next generation.

I’m drained from realizing Congress is really a bunch of men who can’t get their heads out of the female genitalia.  If they don’t pay to get in one they pay for others to stay out of one!  For the men who are playing around with this issue, women are only a piece of ass and little more, except maybe for their little girls who are a piece of ass for the boy next door. For women who support recent attacks on female rights in the name of being faithful to a God, I have no words, only disgust.

Reproductive rights, the womb, women’s health – all of it has to do with the absolute power this birth right gives to women; and patriarchy has never been stronger in modern America! As an American I am so appalled at this downfall of this great nation – that the womb and its ownership, the vagina and a woman’s health are on the table of political discussion rather than the real issues that need immediate attention, it all makes me want to throw up on Congress.

The bottom line to all this rhetoric is this: women have the power to veto men through sex and men don’t like that. Thank you Dr. Leonard Shlain for helping me understand this through your wonderful work, Sex, Time and Power (may you rest in peace) but how about a little help down here with the rest of the blind folks, eh?

The last time I checked, my kidney belonged to me and nobody could force me to do anything specific with it.  The main reason the womb is different is because it controls males’ sex lives.  The fact that women are under attack, in America, in 2012 stuns me.

Here’s my contribution to the debate: “Feminist War of 2012″.  I designed this back in 2007 or so and struggled with a proper title.  The Image just found its perfect match and almost sadly, its perfect time.

"Feminist War of 2012", ltd. ed. Giclee, 13"x19" by Tatiana von Tauber

Bonus material to chew on: 

Speaking of controlling women, this is an example of how women get screwed by men and the baby fantasy and how media uses them to make money to help glorify the chaos and continue the cycle.  See Kate Gosselin, mother of 8 now.

Great post and kick ass quote: The Body Politic, “This campaign needs more women and less gynecology” – Virginia Heffernan


Judge should review history of First Amendment

March 1, 2012

Pennsylvania District Judge Mark Martin needs to review his First Amendment law a little more carefully. Ernie Perce, an atheist who marched in a Halloween parade last year dressed as “zombie Mohammed,” was before Judge Martin after he alleged he was attacked by Talaag Elbayomy, a Muslim who took action after he witnessed Perce’s costume.

Perce wore a turban and a long, fake beard and painted his face green. During the parade, he yelled the phrases “I am the prophet Mohammed! Zombie from the dead!” He marched with another protestor, who was dressed as a zombie pope, carrying a banner that read, “The Parading Atheists of Central Pennsylvania: Ghoulish, Godless, God-awful.” According to Perce, Elbayomy attacked him, and Elbayomy was charged with harassment.

Judge Martin dismissed the charges against Elbayomy and scolded Perce, telling the protestor he had been insensitive. He also called Perce a “doofus.”

“You have that right, but you’re way outside your bounds of First Amendment rights,” Martin said, according to CNN. “I think our forefathers intended that we use the First Amendment so that we can speak our mind, not to piss off other people and other cultures, which is what you did.”

To the contrary, our forefathers intended that all U.S. citizens be allowed to criticize anyone they chose. The very first American citizens often criticized Great Britain, who they viewed as overly oppressive to the colonists. You can bet that the Brits were none too happy about that. The purpose of the First Amendment is to ensure that all people are protected when expressing their views, even if such views are unpopular. As GW Law professor Jonathan Turley pointed out, “People like Thomas Paine spent his entire life ticking off people across the colonies.” Another founding father, Thomas Jefferson, was hostile to the Catholic Church and criticized it often.

Perce was within his right to express his religious beliefs as an atheist, and if Elbayomy had expressed his dissent in a non-violent manner, he would have also been within his right. Sure, the thrust of the First Amendment isn’t to promote behavior that offends other people, but that is beside the point. Just because Perce offended Elbayomy did not give Elbayomy free license to assault Perce.

Judge Martin’s rationale for dismissing the charges against Elbayomy most certainly should not have been because Perce intended to “piss off other people and other cultures.” This is exactly the sort of thing the First Amendment was intended to protect against. Yes, Perce’s costume was offensive to Elbayomy, but it didn’t rise to the level of fighting words—there were no “personally abusive epithets” required by Cohen v. California.  Judge Martin should not have let Elbayomy off the hook for assault just because Perce said something he personally didn’t like.

Judge Martin could learn a thing or two by looking back again at what the First Amendment actually protects.


Muslim judge in Pennsylvania limits 1st Amendment

February 24, 2012

From Charles Platt

A judge in Pennsylvania who just happens to be of muslim faith informed a plaintiff that the 1st Amendment doesn’t necessarily give you the right to “p people off.” The plaintiff had worn a “Zombie Mohammed” costume in a public parade in Mechanicsburg, thus enraging a muslim observer who ran forward and tried to choke the man until police intervened. Charges of harassment, filed against the muslim for trying to choke the demonstrator, were dismissed by the muslim judge. Details here.


It’s Not Over Yet.

February 9, 2012

I, for one, am elated that the Ninth Circuit Court of Appeals found Prop 8 Unconstitutional.  Source . However, I would be remiss if I didn’t at least bring up the one thing Prop 8 supporters have going for them- Prop 8 was passed by the voters. And that is a very good, very important point. Whenever the judicial branch overturns the will of the people, we all have an obligation to think twice about the rationale behind it. Even when our knee jerk reaction is to celebrate, take a moment for a sanity check because things may not always shake out in our favor. The Prop 8 supporters were right to bring this issue up and their briefing on the subject ain’t half bad.

That being said, and beyond the “will of the people” argument, I admittedly have a hard time understanding the Proponents’ reasoning. As far as I can tell, they feel that Prop 8 advances California’s interest in “responsible procreation and childbearing.” Stay with me here. They believe that children are better off when raised by two people who are, at least in theory, capable of biologically creating a child. That is, one man and one woman, because kids need both genders to partake in upbringing in order to become functioning members of society. The Proponents also say that Prop 8 reduces “irresponsible procreation”, e.g., there will be less bastards in the world. Therefore, they argue, because same-sex couples are not at risk of “irresponsible procreation” as a matter of biology and society has an interest in procreative sexual activity, there is simply no need to for same gender couples to get married. They also argued that Prop 8 would “protect” their little darlings from being taught in public schools that “same-sex marriage’ is the same as traditional marriage.”

The Ninth Circuit didn’t buy it, saying “[t]here is no rational reason to think that taking away the designation of ‘marriage’ from same-sex couples would advance the goal of encouraging California’s opposite-sex couples to procreate more responsibly.” The court went on to note “[o]nly if Proposition 8 had actually had any effect on childrearing or “responsible procreation” would it be necessary or appropriate for us to consider the legitimacy of Proponents’ primary rationale for the measure…[i]t is implausible to think that denying two men or two women the right to call themselves married could somehow bolster the stability of families headed by one man and one woman.” Did you catch the word “rational”? That’s the level of scrutiny, and in layman’s terms, it means you better have a really really really good reason for that law. I mean really good. Not just the “gay people make me feel ooky” platform.

Anyway, the long and short of it is that Proposition 8 is unconstitutional for two reasons: first, it deprives same-sex couples of the fundamental right to marry, which is guaranteed by the Due Process Clause, and second, it excludes same-sex couples from state-sponsored marriage while allowing opposite-sex couples access to that honored status, in violation of the Equal Protection Clause. This is because even though same gender couples have the same rights statutorily as their hetero counterparts, the Appeals Court focused on the lower court’s finding of fact that “[d]omestic partnerships lack the social meaning associated with marriage “and that the difference between the designation of ‘marriage’ and the designation of ‘domestic partnership’ is meaningful. The court relied heavily on Romer v. Evans, a United States Supreme Court case striking down an Amendment to the Colorado State Constitution that would have prevented anyone anywhere at any time recognizing gays and lesbians as a protected class. In his dissent, Judge Smith disagreed that the burden of denying marriage to lesbians and gays was similar to the burden in Romer and the really really really good reason (e.g. rational basis) was in preserving responsible procreation and optimal parenting. He noted that even though rational basis is the correct level of scrutiny, the fact Proposition 8 eliminates the ability of same-sex couples to enter into an official relationship designated “marriage,” they still have the same basic set of substantive legal rights and attributes traditionally associated with marriage,” so no harm no foul. He also disagreed that the separation of gays and lesbians as domestic partners was different and not as good as marriage.

Here’s the thing. The Court did not (and could not) consider the broader issue of whether gays and lesbians should be allowed to get married. The judges were limited to only determining if Prop 8, as enacted, violated the United States Constitution. The broader question of whether same gender couples should have the right to get married remains unanswered. What is noteworthy is that the district court found that “[t]he campaign to pass Proposition 8 relied on stereotypes to show that same-sex relationships are inferior to opposite-sex relationships.” Television and print advertisements “focused on … the concern that people of faith and religious groups would somehow be harmed by the recognition of gay marriage” and “conveyed a message that gay people and relationships are inferior, that homosexuality is undesirable and that children need to be protected from exposure to gay people and their relationships.” I will be paying very close attention to that issue in future cases. And, I hate to tell you, but Perry won’t be the Roe v. Wade type of landmark case if it’s affirmed (I have every reason to believe it will be). It’s just too narrow. We have a long way to go, kids, before we can put this baby to bed. And it promises to be an exhausting journey. But at least we have a start.


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