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October 31, 2005

Nota bene

By Jim Dallas

I hate zombie movies. I hate zombie movies because every reasonable person, whether fans of the genre or not, knows that the only thing you can do with a person whose been bit and is in the progress of zombifying is to shoot them in the head and destroy the brain. Really, why are we supposed to have any sympathy for a protagonist who doesn't understand this simple fact? That is all.

Posted by Jim Dallas at 07:47 PM | Comments (4) | TrackBack

Howard In, White Out

By Karl-Thomas Musselman

Bumped. Welcome visitors from the Donna Howard campaign e-mail, this is the post you were probably looking for. -KT

I've been aware of the talk that Kelly White would jump into the HD 48 primary in the hope of being a "consensus candidate" according to local consultant David Butts. This has been causing tensions of course since White is candidate Donna Howard's treasurer, and would immediately change the dynamic of the race for all candidates including Andy Brown (who's website design and e-mail images are still too wide to fit in average sized browsers) and AISD school board president Kathy Rider.

But this weekend I was at a fundraiser for the No Nonsense campaign where I learned that Kelly was giving Donna 'veto power' over any run she might make. And considering I just received an e-mail press release stating that Donna was in the race no matter what from consultant Kelly Fero, a run by White has now effectively been 'vetoed'. White is instead focusing her immediate time raising five figure money for an upcoming project for the No Nonsense campaign.

I'd also like to thank White for winning a No Nonsense campaign shirt at the fundraiser as a Thanksgiving present for my father.

The press release...

Veteran public education advocate Donna Howard today said she will be a candidate in any special election to fill the soon-to-be-vacant Texas House District 48 seat, and called for a series of public debates featuring every declared candidate to make sure voters have a chance to participate in a full discussion of the critical issues facing the district.

"The voters have a right to know who the candidates are and where we stand," Howard said. "At these prices, the stakes are too high to let partisanship, cronyism, and last-minute maneuvering at the Capitol take away that right."

A special election and possible run-off to replace incumbent state representative Todd Baxter, who resigned suddenly earlier this month, could cost taxpayers as much as $1 million, according to local election officials.

Howard, already a candidate in the regular primary election scheduled for March 7, 2006, said her campaign will offer hope to voters who are frustrated by the failure of the current state leadership to address public school finance, children's health care, soaring property tax and homeowners' insurance rates, and other major challenges.

"My campaign will be a home for anyone who believes we should be putting our community and the issues that concern us first and political gamesmanship last," Howard said.

A series of vigorous public debates would help voters counter the efforts of partisan leaders at the Capitol to short circuit the normal democratic process and hand pick their preferred candidate in a special election, Howard said.

Howard, a former Eanes ISD board member and widely recognized leader on school issues, was a co-founder of Advocates for Eanes Schools, a parent organization, and helped start the Texas Education Crisis Coalition, a grassroots group of parents and community leaders. Certified as a Master School Trustee by the Texas Association of School Boards, Howard has previously run for the State Board of Education.

Howard has a bachelor's degree in nursing and a master's in health education from the University of Texas. She has worked as a critical care nurse at Brackenridge and Seton hospitals, served as the first hospital-based Patient Education Coordinator in Austin history, and helped get the Seton Good Health School off the ground. She has also been president of the Texas Nurses' Association (District 5) and a Health Education instructor at UT.

Posted by Karl-Thomas Musselman at 04:04 PM | Comments (8) | TrackBack

The Voices of Fear

By Karl-Thomas Musselman

In today's Texan, we can see that the supporters of Amendment 2, who rallied in North Austin Sunday, really are not for protecting marriage as much as they are for being homophobic.

Some of the proposition's supporters, such as Texas House District 50 Republican candidate Don Zimmerman, believe the issue is quite clear.

Zimmerman also disagreed with opponents who claim the amendment discriminates against same-sex couples by excluding them from the institution of marriage.

"Every same-sex couple that adopts children discriminates against mothers or fathers by definition," he said.

Every one parent household discriminates against mothers or fathers by definition. But let's fear the homosexuals.

He criticized opponents of the proposal for conflating his efforts with those of the Ku Klux Klan, who will be holding a rally of their own at City Hall on Saturday. The Klan claims to support family values.

Brian McAuliffe, chairman of the Austin Town Hall Conservatives, fears that gay marriage would lead to wider acceptance of the gay community.

"We believe gay marriage is dangerous," he said. "If marriage is legitimized for gays, then we would have to recognize them in every aspect of life. They pretty much try to recruit people."

God forbid, not just the Constitution, that we have to recognize them in every aspect of life. It's bad enough that we have to recognize those black and brown people. Let's fear the homosexuals.

Robert Morrow, a self-proclaimed grass-roots conservative activist, said that the issue has an important economic aspect.

"Homosexuals do nothing to create and raise our next generation, yet they demand special rights, benefits and privileges of marriage," he said. "This is extremely greedy. It's a huge economic power grab."

Celibate and infertile couples and those that choose not to have children due to age or economic capacity do nothing to create and raise our next generation. And they don't demand rights, benefits, or the privileges of marriage. They get them anyways. But let's fear the homosexuals instead.

How are those planks in your eyes feeling guys?

Posted by Karl-Thomas Musselman at 10:48 AM | Comments (5) | TrackBack

October 30, 2005

Polling on Prop 2

By Karl-Thomas Musselman

BlogHouston thinks that if students vote their beliefs on Prop 2 they will vote for it. Considering my generation is one of the demographics that outright favors same-sex marriage, I find that hard to believe. I find it even harder in light of recent UT polling data. Here are some of the early numbers from the UT Student Government Survey on Prop 2. Sample so far, 1,236 students have responded.

Below it is the FOR/AGAINST numbers for Prop 2 when you start looking at responses from just registered voters and then registered voters who plan to actually vote. They get better in each step and I've pulled this info specifically here:

All Students: FOR-22% / AGAINST-65%
Registered: FOR-22% / AGAINST-68%
Registered & Plan to vote (Likely Voters): FOR-20% / AGAINST-75%

If this poll holds true (it is a poll) we could see around 60% student turnout overall, though some of those votes will show up in other counties back home. And may I point out that UT-Austin has cast more votes than all of El Paso.

These 3 questions contain the raw data, below that are sub-samples. Margin of Error is ± 2.7%.

1) Are you currently registered to vote in Texas?

No answer 20 1.62%
Yes (Y) 903 73.06%
No (N) 313 25.32%

2) Do you plan to vote in the Texas Constitutional Amendment Election to be held on November 8th?

No answer 131 10.60%
Yes (Y) 589 47.65%
No (N) 516 41.75%

3) If passed in the November referendum, Texas Constitutional Amendment 2 would restrict the definition of marriage to that of one man and one woman, banning the state's recognition or establishment of same-sex domestic partnerships, civil unions, and marriage. If the election were held today, would you vote FOR or AGAINST Constitutional Amendment 2?

No answer 159 12.86%
For (1) 277 22.41%
Against (2) 800 64.72%

----------------

Responses from those saying they are Registered in Texas (73% of students)
1. Plan to vote
* 64% plan to vote
* 26% do not plan to vote
* 10% no response
2. Prop 2
* 22% for
* 68% against
* 10% no response

Responses from those saying they are Registered & plan to vote (46.4% of students)
1. Prop 2
* 20% for
* 75% against
* 5% no response

-From Regina Dombkowski and Chris Kennedy of the SG Survey Research Agency

Posted by Karl-Thomas Musselman at 02:47 PM | Comments (4) | TrackBack

October 28, 2005

Just Listen

By Karl-Thomas Musselman

Who do you think said this?

"We believe that as Christians we have an obligation under god to take a stand against homosexuality. Homosexuality is a sin and an abomination to God and goes against our Lord's plans for the human race."

And the following is the above's strategy...

"There are plans to infiltrate churches, to bastardize scripture, to galvanize people against minorities by using religion...

Scary what conservatives will say sometimes. But the above wasn't in relation to right-wing Texas Republicans.

It was the KKK. Coming to a city hall near you November 5th.

Posted by Karl-Thomas Musselman at 05:17 PM | Comments (0) | TrackBack

We wish you a Merry Fitzmas

By Jim Dallas

Scooter Libby indicted, resigns.

Now, let's get back to serious issues.

For example, taxes. Tax reform is like granola. It just reeks of seriousness but, in the end, isn't really all that good for you.

Posted by Jim Dallas at 01:17 PM | Comments (1) | TrackBack

A bad idea whose time has come (again)

By Jim Dallas

I speak, of course, about serious discussions about imposing a new Windfall Profit Tax on oil producers. Although such a tax might curb big oil's rapacious profit seeking, I worry that it will disincentivize oil exploration just when we need those incentives the most. I suppose the real issue is whether a new WPT would be tiered like the Carter-era WPT, which taxed newly-discovered oil fields at a lower rate than "old" oil.

At any rate, the profitability of Big Oil shocks the conscience of even those who would not normally consider, you know, profitability to be shocking to the conscience. Call it too much of a good thing.

Posted by Jim Dallas at 01:09 PM | Comments (6) | TrackBack

October 27, 2005

Rep. Chisum Violating Election Law?

By Karl-Thomas Musselman

Yesterday's post by Phillip brought to light yet another offense that seems to have been committed by Rep. Warren Chisum, making this pattern egregious enough that as of 3 pm this afternoon, I have filed an official complaint and "request to investigate" these actions with a special prosecutor in the Public Integrity Unit of the Travis County District Attorney's office.

You can download my official filing: page 1, page 2, page 3.

So what did he do?

The following files outline what I see as a breach of state limitations on use of public funds and offices for the purpose of the promotion of the passage of Proposition 2. Below is the text of my filed criminal complaint.

"On a letter to Texas Pastors dates Sept 16, 2005, printed on Rep. Warren Chisum's official House of Representatives letterhead and signed by Rep. Warren Chisum (HD-88), Rep. John T Smithee (HD-86), and Rep. David Swinford (HD-87), statements were made encouraging involvement in the Nov. 8th Constitutional Amendment Election. Included in the letter were documents labeled "VOTE FOR PROP 2" and promoting the www.texansformarriage.org website. Staffer for Rep. Chisum Annette Glass is listed as a contact in the letter, listing her official House e-mail and the office number for Rep. Chisum.

Additionally, Rep. Chisum's office on October 25, 2005 distributed a Press Release through the Capitol e-mail system entitled "False Campaign Meant to Destroy Prop 2" in which Annette Glass is again listed as the contact with Re. Chisum's primary office phone number."

The following are .tif image files of the September 16th Letter sent to pastors, forwarded to me by e-mail.

Sept. 16th Mailer (The Letter .tif format)
Included Letter Document (Page 1 | Page 2)

Key things to mention here. The included documents with the letter are clearly promoting the election or defeat of the amendment as they are titled with a bold VOTE FOR PROP 2 title. Included on the Chisum letterhead are key phrases such as, "To save marriage as we know it, and prevent activist judges from ruling in favor of same-sex marriages, the churches of this state must actively work to get out the vote. ... It is clear the churches can stand in the gap and make the difference in this election." The letter closes urging pastors to "contact my office at 800/692-1389 or e-mail annette.glass@house.state.tx.ud" which seems to be an addition clear violation of the use of his public office for the campaigning for this amendment.

The full text response of Rev. William D. Nix, Jr. of Canadian, TX to Rep. Chisum is included in the extended entry. He was by no means pleased, as a faith leader, receiving this letter from Rep. Chisum and Company. It is from him indirectly that I received this information.

I was shocked to receive your letter of September 16 addressed to “Senior Pastor” which I assume was sent to all churches in your district and to those of Messrs. Smithee and Swinford, who also signed the letter. Regardless of one’s views on Proposition 2 or the issues it raises, the letter and its enclosures are offensive to all mainstream Christians and Texans of other religious preference for whom freedom of religion is among our most cherished rights. For elected officials to attempt to influence elections by exerting pressure on churches is an abuse of the public trust and an infringement of the Constitutionally-guaranteed separation of church and state.

The enclosure promoting Proposition 2 is an even more blatant violation of the separation of church and state. The organizations cited as sources include Jerry Falwell’s “Liberty Council,” James Dobson’s “Focus on the Family” and other extreme-right Christian lobby groups. The suggested sermon points include a mixture of half-truths, misrepresentations and demagoguery, all calculated to arouse homophobic anxiety in the public. And their very inclusion in a letter from members of the legislature should be offensive to all theologically-educated clergy.

On the face of it, Proposition 2 is a thinly-veiled attempt to write discrimination toward gay and lesbian Texans into the Constitution. The existing “Protection of Marriage” law is discriminatory enough, denying basic legal protection and spousal benefits to anyone whose sexual orientation or committed relationship differs from the norm. And the promoters of Proposition 2 are aware that it is probably doomed to be found unconstitutional by the courts - thus their rush to write it into the Constitution.

Whet a pity that the last Legislature will be known primarily for failing to fund our children’s education and for attempting to deprive many Texans of their rights! Please don’t compound the error by eroding the wall of separation of church and state.

The Rev. William D. Nix, Jr.
Canadian (Texas)

Posted by Karl-Thomas Musselman at 03:52 PM | Comments (13) | TrackBack

Miers Withdraws Nomination

By Phillip Martin

From CNN:

President Bush on Thursday accepted the withdrawal of Supreme Court nominee Harriet Miers, according to a statement from the White House.

In her letter to the president, Miers said she was "concerned that the confirmation process presents a burden for the White House and its staff and it is not in the best interest of the country."

The White House said Miers had to withdraw over concerns that senators wanted documents of privileged discussions between the president and his top lawyer.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House -- disclosures that would undermine a president's ability to receive candid counsel," Bush said.

It seems this nomination didn't work because the Senate simply wouldn't take President Bush's word that Harriet Miers was well qualified. I guess President Bush and Harriet Miers were the last two people to realize that.

Posted by Phillip Martin at 09:06 AM | Comments (9) | TrackBack

Rev. Tom Heger: For Real

By Karl-Thomas Musselman

Proponents of Prop 2 claim the "Reverend" is a fraud. If you can't attack the message that the Marriage Amendment threatens marriage, attack the messenger. Except, the messenger is quite real.

The Statesman has a full bio on Rev. Tom Hager, a former Austin Presbyterian pastor. You can listen to his message here (.wav) and read the script as follows.

I’m Reverend Tom Heger. Rick Perry and the Legislature made a blunder in writing the gay marriage amendment. Don’t Risk It. Vote Against It.

They left off words that would have made sure it applied only to gays. A greedy insurance company, tricky divorce lawyer, or a liberal Austin activist judge can easily use these words to overturn traditional marriage and cause people to lose health insurance, tax breaks, and pensions.

The status quo protects everyone's marriage. Don't Risk It. Vote Against It. God bless you. Read it for yourself at Save Texas Marriage.com.

Want further proof, how about his bio? It's in the extended entry. This should put to rest the concerns of those that feel he is a pretend minister or a front for some devious scheme which is so far off the mark they don't even have a clue.

Thomas J. Heger
Born: Chicago, November 25, 1943

School:
St. Olaf College, BA, 1965
Princeton Theological Seminary, M.Div., 1969

Ordained:
Minister of Word and Sacrament, The Presbyterian Church (USA), October 1969

Work:
+Assistant Pastor, First Presbyterian Church, Jamaica, Queens, NY: 1969-71
+Associate Pastor, Brick Presbyterian Church, Rochester, NY: 1971-74
+Co-Pastor, The Downtown United Presbyterian Church, Rochester: 1974-81
+Campus Pastor, The University of Oregon, Eugene, Oregon: 1981-92
+Pastor, St. John’s Presbyterian Church, Manchaca, TX: 1992–2005
+Pastor, Beacon Hill Presbyterian Church, San Antonio, TX: 2005–present

And:
+Twice elected to the Eugene, Oregon, 4J School Board…
+Active in Mission Presbytery (regional governing body) and Presbyterian Church (USA) advocacy and social justice organizations and ministries.

Married:
Lois Heger, LPC
8 amazing grand kids!

Recently moved to San Antonio and accepted the call to be the pastor of the Beacon Hill congregation.

Posted by Karl-Thomas Musselman at 07:30 AM | Comments (5) | TrackBack

Shackelford: Don't Trust "God Bless You"

By Karl-Thomas Musselman

As an example of how much the opposition to Prop 2 has managed to get the conservative supporters of the Marriage Amendment completely off their rockers, Kelly Shackelford, Free Market Foundation President and spokesman for Prop 2, sent out this e-mail earlier this week. It's not often that we are able to do this, but we've force the debate to be about the threat of voiding all marriage in Texas, not the Republican "one man, one woman in the eyes of God" talking point. Now he's telling the conservative base not to trust the so called traditional conservative message.

From: Free Market Foundation Sent: Monday, October 24, 2005 5:14 PM Subject: BEWARE- Misleading Info Spreading about Prop. 2

Special Message from Free Market Foundation
President Kelly Shackelford, Esq.

"Deceptive phone calls are now going out telling people to vote NO because of a supposed flaw in the legislation of Prop. 2. There must be a lot of them because we are getting calls from a number of supporters who are confused. The calls from "Save Texas Marriage" are so deceptive that they are even ending the call saying "God Bless You." One of these starts out from a "Reverend" and says that Governor Perry messed up, and that there is a hidden liberal agenda. The group is even calling seniors who would typically support conservative legislation. We have received several calls from people who were extremely heartbroken to learn they were mislead into voting something today they did not believe. This is an all out fraud to
deceive voters. Please Beware."

Groups Using the Following Scare Tactics:

• Deceptive Phone Calls

"Save Texas Marriage" has a website devoted to setting up call banks to trick voters. The argument is completely false. The second sentence in no way invalidates the first sentence. Do not be fooled, including by calls ending in, "God bless you."

• Lies to Voters at Polls

There has been confusion over how to vote at the polls. If you want to vote to only have marriages between one man and one woman, vote FOR the amendment. Voting AGAINST the amendment will mean that you want to allow homosexual marriages Texas.

So now the official word is not to trust those giving you information on Proposition 2 if it's coming from someone saying "God Bless You". Guess that knocks out every conservative preacher in the state, eh?

Posted by Karl-Thomas Musselman at 01:06 AM | Comments (7) | TrackBack

October 26, 2005

Bait and Switch

By Karl-Thomas Musselman

DeLay Headlines today...

DeLay acknowledges failure to report defense fund donations

DeLay presses case against judge

By the way, Austin City Councilman Raul Alvarez will not seek re-election as he comes up against term limits (thoug in Austin 19,000 signatures gets you around the limit). This is the "Hispanic" seat on the council so it will be interesting to see who moves up the chain to run for the spot. Austin does not have council district; instead there is an 'understanding' that certain at large Place seats are expected to be Black or Hispanic, male or female.

Posted by Karl-Thomas Musselman at 08:55 PM | Comments (0) | TrackBack

Pre-Launch of DallasBlog

By Karl-Thomas Musselman

I noticed this earlier today, but there is a new Blog being run by some professionals up in Dallas, one who was part of the original team over at Quorum Report. See DallasBlog.

QR: Bennett was one of the driving forces behind the creation of Quorum Report back in 1983. He worked in the first round of Governor Bill Clements, was editor of the now-departed Texas Business magazine, did time as a Dallas Morning News columnist for seven years and is now a business consultant specializing in strategic business transformation. He includes companies such as Boeing in his client list.

Unlike most sites, Bennett has some regular contributors with some real bona fides including former News columnist Carolyn Barta, current DMN columnist Bill Murchison, former DMN technology editor Doug Bedell and Lone Star Report editor Will Lutz...

The site is intended to be a broad based town hall kind of blog with both the right and the left well represented.

Now, I'm not sure how based in fact some of their stories are today, but they do mention a couple interesting theories. One is that GSD&M ad man and Austinite Roy Spence would run for the Democratic Nomination for Gov. Now, that's not new news around these parts, but certainly not something that I've seen any wind blowing behind of late. The second one is interesting but as unlikly as the first...

The hot rumor in Houston is that former Democratic Congressman Chris Bell may drop his candidacy for Governor and be replaced by Houston Mayor Bill White. A Houston political insider tells DallasBlog that, once White is re-elected Mayor of Houston next month the stage would be set for Bell to withdraw from the race in favor of White.

I'll keep on eye on it.

Posted by Karl-Thomas Musselman at 07:50 PM | Comments (1) | TrackBack

Stick Thin Support

By Karl-Thomas Musselman

20051026-m-sign.jpgThanks to Chris Elam over in Tom DeLay's district, we have this wonderful report on the "God inspired" yard sign design that has an image and message that should appeal to voters with a second grade mentality.

The following was written by Michael Franks, State Republican Executive Committeeman for SD18 in Wharton, TX. His full remarks are in the extended entry. Apparently God doesn't just speak to the crazy ones; he also speaks to their elected Party officials. (Oh God, if you need to speak to me, I'm listed in the UT Directory.)

If we got MORE of our Church's to get on board and KNOW about this sign effort we could blanket the State, create the awareness that there IS a vote on this issue, energize the “Church” to action, and everyone would know to vote FOR Prop 2!!!! NOTHING creates awareness more than folks seeing signs in yards in their neighborhoods. ONE key Church in each major city in Texas could have their members take the signs home with them and we could cover every city in Texas!!!

Some wanted me to drop the stick figure design and just go with a sign that said “Save Texas Marriage, Vote For Prop 2”. Isn't it funny how God had another plan KNOWING the other side would try and use the same language of “Save Texas Marriage” trying to trick people into voting NO. I had the vision of the sign months ago put into my thoughts and the design concept was always the same after many thoughts an input from others trying to change it. (God had a plan)

And to think, your support for undermining marriage in the state of Texas only costs you $2.50. Oddly enough, the website he directs people to in order to buy these signs is http://www.vote4marriage.com/, which forwards to the National GOP site which proclaims "GOPUSA is proud to be working with Texas activist Michael Franks on this non-partisan, non-denominational effort to distribute yard signs and to help raise awareness of the upcoming vote on the Texas Marriage Amendment."

Wonder if they are bothering to report those expenditures?

Isn't it great that God put the “idea” in my head a few months ago about the concept of a State wide yard sign campaign for this marriage amendment, much less He put the very DESIGN into my mind.

Now we are seeing the confusion from the other side trying to trick folks into thinking voting NO on prop 2 means it will protect marriage. The gay and radical left lobby have just proven they will stoop to anything.

This State wide grass roots yard sign effort makes it CLEAR what a YES vote is for. 1 Man + 1 Woman = Marriage, the stick figures of a man and woman holding hands shows the “visual”, and Vote FOR Prop 2 tells folks how to vote. God had a plan for these signs.

If we got MORE of our Church's to get on board and KNOW about this sign effort we could blanket the State, create the awareness that there IS a vote on this issue, energize the “Church” to action, and everyone would know to vote FOR Prop 2!!!! NOTHING creates awareness more than folks seeing signs in yards in their neighborhoods. ONE key Church in each major city in Texas could have their members take the signs home with them and we could cover every city in Texas!!!

Some wanted me to drop the stick figure design and just go with a sign that said “Save Texas Marriage, Vote For Prop 2”. Isn't it funny how God had another plan KNOWING the other side would try and use the same language of “Save Texas Marriage” trying to trick people into voting NO. I had the vision of the sign months ago put into my thoughts and the design concept was always the same after many thoughts an input from others trying to change it. (God had a plan)

We are moving THOUSANDS of these State wide for the Republican county chairman, activist, and Church's that KNOW about it. Some Church's have orderd hundreds, and some a few thousand to get to their people.

If you can help in this sign effort please do and get back with me!!!! We are printing EVERY day and shipping statewide. $2.50 a sign with wire H stake. Info is on the website below.

Thanks,
Michael Franks
State Republican Executive Committee SD18
Wharton, Tx

http://www.vote4marriage.com/

Posted by Karl-Thomas Musselman at 07:02 PM | Comments (4) | TrackBack

Legal Opinion on Rep. Chisum Prop 2 E-mail

By Phillip Martin

Yesterday afternoon, Rep. Chisum issued a press release through the Texas House e-mail system titled "False Campaign Meant to Destroy Prop 2." Here is part of the press release:

"The folks who produced this recording have laid all integrity aside," Rep. Warren Chisum (R - Pampa) said. "The language for Proposition 2 has been reviewed by the legislature and some of the state's top attorneys. This is a scare tactic orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls. I am appalled that people would take advantage of others by disseminating this type of widespread deceit."

There is some question as to whether or not the press release constitutes political advertising. If it did, since it was sent out through the Texas House of Representatives e-mail system, it could violate the statutory ban on the use of public funds for political advertising. Personally, I wasn't sure if it did, but I received the following legal opinion in my e-mail (I added links to the election code sections cited):

Texas law prohibits the use of “public funds for political advertising.” ELEC. CODE § 255.003(a). “Political advertising” is defined as “a communication supporting or opposing . . . a measure that . . . appears . . . in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication[.]” Id. at § 251.001(16). A “measure” is any “question or proposal submitted in an election for an expression of the voters’ will[.]” Id. at § 251.001(19). An internal e-mail system, including one belonging to a legislative agency, may not be used to distribute political advertising. See id. at § 255.0031. Violations of the ban on use of public funds for political advertising or the ban on distribution by internal e-mail are Class A misdemeanors. Id. at § 255.003(c). The statute creates an exception for “a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.” Id. at § 255.003(b).

The legal opinion, which was anonymously sent and is contained in full below the jump, argues that the Texas Elections Commission has ruled in certain school board cases (which are cited in the legal opinion) that the magic words test doesn't necessarily apply if state resources were used for general campaign advocacy.

Again, I'm certainly no legal expert, and I'm not pretending to be -- I'm merely reporting what's out there. This legal opinion, if nothing else, is well-written, well-researched, and could have some serious merit. I'd imagine someone would need to issue a complaint against Rep. Chisum and a judge would have to rule on the actual legality of the press release to see if this was a real thing or not.

Personally, what strikes me most about the Rep. Chisum e-mail, is that he chooses to attack Save Texas Marriage, yet says nothing about the KKK rally that will go on in downtown Austin next weekend. I mean, really -- which group would you assoicate with the charge of using scare tactics and willing to do anything to get what they want?

Based on a quick review, I conclude that the press release by Representative Chisum probably violates the statutory ban on the use of public funds for political advertising. It probably does not violate the statutory requirement that certain disclaimers be placed on political advertising.

Texas law prohibits the use of “public funds for political advertising.” ELEC. CODE § 255.003(a). “Political advertising” is defined as “a communication supporting or opposing . . . a measure that . . . appears . . . in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication[.]” Id. at § 251.001(16). A “measure” is any “question or proposal submitted in an election for an expression of the voters’ will[.]” Id. at § 251.001(19). An internal e-mail system, including one belonging to a legislative agency, may not be used to distribute political advertising. See id. at § 255.0031. Violations of the ban on use of public funds for political advertising or the ban on distribution by internal e-mail are Class A misdemeanors. Id. at § 255.003(c). The statute creates an exception for “a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.” Id. at § 255.003(b).

Representative Chisum’s press release is titled “False Campaign Meant to Destroy Prop. 2.” It begins by quoting Representative Chisum as saying that “[Y]esterday, two million Texans received phone calls containing false information meant to deter voters from voting for Proposition 2.” A later paragraph quotes Representative Chisum as saying “[t]his is a scare tactic orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls.”

The term “advocacy” as used in the statute has not been interpreted by any court. The Texas Ethics Commission, which administratively enforces the statute, considers a statement to be advocacy if the statement expresses sympathy or support for the passage or defeat of a measure by use of words such as “support,” “best solution,” or “the right thing to do.”

An independent school district paid for a six-page newspaper insert that contained a “Message from the Superintendent” which contained the sentence “[o]ur citizens now have the opportunity to position the NEISD for the 21st century. Please support the vision -- our future depends on your commitment.” In the Matter of Richard A. Middleton, No. SC-981182, at 2 (Tex. Ethics Comm’n 1998). The insert ran after the school board called a bond election but before the election was held. Id. at 1.

The commission found that the insert “presented facts about the school bond measure.” Id. at 2. However, the superintendent’s message “cause[ed] the insert to cross the line from a communication that is factual to a communication that advocates passage of the bonds.” Id.

The Decatur ISD board of trustees and superintendent called a bond election and hired a consultant to prepare informational material on the election. In the Matter of Scott Johnson, No. SC-231180, at 1 (Tex. Ethics Comm’n 2003). One circular “state[d] that the bond proposal provides the “best solution” to the needs generated by the school district’s population growth.” Id. An information booklet that was distributed included a press release “quot[ing] the school board president as saying, “This bond is the right thing to do for the children of this community.” Id. at 2.

The commission found that the phrase “best solution” and quote from the school board president to “advocate[d] passage of the bond measure, even though the information booklet contained a “great deal of factual information.” Id.

Representative Chisum states the phone calls would “deter persons from voting for Proposition 2” and were “orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls.” In Representative Chisum’s view, these calls are meant to “destroy” the ballot measure. Taken as a whole, a reasonable factfinder could find that the words indicate Representative Chisum’s support for the ballot measure.

This is likely so considering that the press release certainly does not contain any factual information other than assertions that “[t]he language for Proposition 2 has been reviewed by the legislature and some of the state’s top attorneys.” Representative Chisum does not provide the legal conclusions of these attorneys which might constitute “facts” that could be used by a voter to resolve doubt and make up his mind.

If the press release is political advertising, then Rep. Chisum might also runs afoul of the rules requiring certain notices to be placed on the advertising. See ELEC. CODE § 255.001(a). However, the disclaimers are only required to be placed on “political advertising containing express advocacy.” Id. There is no statutory definition of “express advocacy.” The “express advocacy” test under Federal law requires that a communication must include “explicit words of advocacy of election or defeat of a candidate” before the communication will be considered political speech that may be subject to some government regulation. Buckley v. Valeo, 424 U.S. 1, 43 (1976). The focus of the “express advocacy” test is on the words used by the speaker. Thus, a “finding of ‘express advocacy’ depend[s] upon the use of language such as ‘vote for,’ ‘elect,’ [or] ‘support[.]’” FEC v. Massachusetts Citizens for Life, 479 U.S. 238, 249 (1986). The press release seems to fall short of express advocacy.

Finally, if the Chisum press release is political advertising, then the House Administration Committee erred in distributing the release.

In addition to the criminal penalties, the Texas Ethics Commission has civil jurisdiction over violations of Section 255.003 and 255.0031, which is triggered by the filing of a sworn complain. See ELEC CODE §§ 251.001, 253.134, 255.003.

Posted by Phillip Martin at 03:24 PM | Comments (2) | TrackBack

This is the game that never ends...

By Jim Dallas

I woke up from a nap to catch game three of the World Series (the first World Series game to be played in Texas. Ever.). I woke up in time for the 8th inning. I was bummed because I thought I was only going to catch an inning and a half.

Wrong.

It's now the top of the 13th and it's still 5-5. This is the longest World Series game I can remember.

Meanwhile, I'd remind Panda Amanda that it's not paranoia if they're really out to get you.

texaspanda.JPG

Go Astros.

Update: It ended. White Sox won in 14.

Posted by Jim Dallas at 12:27 AM | Comments (3) | TrackBack

October 25, 2005

State Round-Up

By Karl-Thomas Musselman

"If gay marriage is a threat to your marriage, then your marriage sucked anyway." -quote of the day

Statewide Early Voting Numbers (for the top 15 counties by population) are now posted at the Secretary of State's website here. The average for the first day of voting was .3% which was exceeded by a large degree by Williamson and Travis County (Travis leading the way). This also means that the UT-Austin voting location cast 3% of the vote for the top 15 counties combined yesterday. Of course, I should remind you that one on campus precinct had the highest turnout in all of Travis County in the 2004 election with 99.7% turnout.

Here's a round-up of the day's coverage of the big news yesterday that passing Proposition 2 has the potential to void marriage in Texas. (Save Texas Marriage)

Houston Chronicle: "That in the hands of an activist judge could lead to the ruin of my marriage and every other marriage in this state because the status that is most identical to marriage is obviously marriage itself," said Trampes Crow, a graduate student at the University of Texas and a former army captain who served in Afghanistan and Iraq.

El Paso Times: All 118,000 marriages in El Paso County could be jeopardized by a proposed amendment to the Texas Constitution banning same-sex unions, a group opposed to the measure said Monday.

"We have an awful lot to lose emotionally and financially with this kind of irresponsible legislation," said Austin resident Martha Cotera, who has been married to her husband, Juan, for 42 years.

Some El Paso lawyers agreed with the anti-amendment group Save Texas Marriage that wording in the proposed amendment could have unintended consequences.

Fort Worth Star Telegram: It's that language that opponents say could lead to a legal challenge of traditional marriage -- common law or otherwise.


Austin American Statesman
: "I do" could become "by golly, we didn't" for more than 4 million married couples in Texas if voters approve a clumsily worded proposed constitutional amendment, opponents said Monday.

Archbishop Joseph A. Fiorenza for the Archdiocese of Galveston-Houston is in favor of the Amendment, saying Voting in favor of Proposition 2 is a vote to protect a basic human union, so critically important to the common good of society, from being altered in its structure and purpose.

Someone get him a memo to let him know that voting in favor of Prop 2 could profoundly alter the structure and purpose of this basic human union, whereas voting against it at least maintains the status quo.

Posted by Karl-Thomas Musselman at 11:08 PM | Comments (0) | TrackBack

OverSeen at the OverPass

By Karl-Thomas Musselman

Saw this over at Austin MetroBlogging and I was reminded that many people have seen this group before. They have shown up from time to time out on the 12th Street overpass along I-35 holding a big banner that says "Say NO to Gay Marriage".

People have asked me as well as Glen Maxey, director of the statewide No Nonsense in November campaign fighting Prop 2, if we should be worried or do something about it. Nope. Heck, let people think that they can say no by voting no on Amendment 2 (even though they should anyways since it puts Texas Marriage into legal limbo if this passes according to front page Dallas news).

This guy is actually Mark Weaver and I have a little story about him that I was just sent.

"mark weaver who stands out on the 35 bridge holding a for prop 2 sign and is that ultra conservative asshole...calls kvue to say "i am outraged! my phone is ringing off the hook. all my congregation has been calling me to say 'i thought you said we were supposed to vote FOR this, what do we do, i am confused!' and what is WORSE, is that some people who wanted to vote for 2 already voted and voted against because of the call!"

Well, that is what 2 million phone calls will do, from a preacher (who is real contrary to Republican Bloggers, retired minister here in Austin). You'd expect more organization or concern from this Pro-2 side, but they got too comfortable. Even before the revelation that this Amendment has the potential to void all marriage in Texas and any of the media and GOTV that is going on now, the other side was polling 55/45, only a 10 point margin of yes to no. It's losing in Baxter's district as well as Martha Wong's.

This will be a nail biter but one in which we have already won in one sense, we were never expected to do better than the State of Oregon. Plus we could very easily be minus a few more Republican state reps next fall.

Posted by Karl-Thomas Musselman at 10:09 PM | Comments (0) | TrackBack

Travis Turnout Day 2

By Karl-Thomas Musselman

Turnout remained heavy on campus today as it picked up countywide across the city of Austin. Reports from San Antonio say it's double the pace of 2003 there with 2,842 cast yesterday. Gainsville was reporting 154 cast which was for a poll worker to claim "we were shocked" at the turnout.

The data below..

Top 5 locations for today along with (total cast to date)

595 University of Texas (1249)
314 Northcross Mall (520)
272 Randall's Research (532)
260 Randall's South Mopac (468)
190 HEB South Congress (395)

3786 Total Cast
Travis Turnout 1.5% now
16.7% of County cast by University of Texas now

Though it's really hard to predict turnout from 2 days of voting, if this year's voting pattern hold to the presidential election, and we have also have about 60% of the Travis Co. vote cast early, I predict a Travis turnout of 17.2%. It's odd that total turnout actually went up today from yesterday, largely due to all the media is my guess. Tomorrow being a Wednesday, I'd expect to see the camus vote bump up again as it does on MWF compared to TTH.

Top 10 locations by total cast are now...

University of Texas 1249
Randall's Research 532
Northcross Mall 520
Randall's South Mopac 468
Travis County CourtHouse 436
HEB South Congress 395
Randall's Bee Cave 330
Randall's 35th Street 314
Randall's Ben White 302
Highland Mall 254

Posted by Karl-Thomas Musselman at 09:49 PM | Comments (1) | TrackBack

Intern Wanted

By Karl-Thomas Musselman

Legislative Internship with Sen. Zaffirini

When: Fall semester
Where: Texas Senate (Office of Senator Judith Zaffirini)

Description: Responsibilities would include policy analysis, assisting other legislative staff, preparing briefing memos, etc.

Qualifications: Master’s student, excellent written communication a must, should have interest in finance, education, health and human services, etc.
Specifics: Unpaid

Contact: Brent Whitaker
Phone: 512/463-0121
Email: brent.whitaker@senate.state.tx.us

Posted by Karl-Thomas Musselman at 08:53 PM | Comments (1) | TrackBack

October 24, 2005

Travis Turnout Day 1

By Karl-Thomas Musselman

The first day of early voting is complete and Travis County has released their data. Needless to say, the UT-Campus vote is beyond all expectations, leading next closest voting location by a 2-1 margin.

Votes / Early Vote Location (Travis)

654 University of Texas
270 Travis County CourtHouse
260 Randall's Research
206 Northcross Mall
205 HEB South Congress

Total Today: 3667 (.7% County Turnout so far)
UT % of total turnout: 17.8% of the County

Total vote cast in 6 Campus Area Precints in 2003 by E-Day: 411

We have exceeded the campus area vote of 2 years ago in 1 day of early voting. They had to drive in 6 more voting machines today because the vote was so heavy on campus. And to think that 2 years ago, they were prepared to eliminate the UGL early voting location.

Here is the video coverage from this morning by KXAN and News 8 Austin.

Posted by Karl-Thomas Musselman at 08:30 PM | Comments (13) | TrackBack

DeLay Judge Named

By Karl-Thomas Musselman

Statesman Breaking News:

Bell County District Judge C.W. Duncan has been appointed to decide whether state District Judge Bob Perkins of Austin should continue to preside over former House Majority Leader Tom DeLay's criminal case. A hearing has been set for 10 a.m. Nov. 1 in Austin.

Posted by Karl-Thomas Musselman at 07:15 PM | Comments (4) | TrackBack

Wrap-Up of John Edwards Speech

By Phillip Martin

I just got back from the Opportunity Rocks event in the Texas Union Ballroom, where Senator John Edwards talked about the way students can take charge of the grassroots movement to fight poverty. After the speech, I got a chance -- along with fellow bloggers Pinkdome and In the Pink Texas -- to meet John Edwards and ask him some questions.

Details of the speech and the questions we asked him can be found by clicking on the jump below, but here is one question I was able to ask:

PM: You mentioned the need for leadership that will stand up for the core beliefs of the Democratic party, that we need to lead, and not follow, if we want to show the country where we want to take America. As you know, there are opposite spectrums of the Democratic Party, and the moral priorities of the people they represent are extremely different. How do we persuade people that don't agree with our politics to work on issues like poverty?

Edwards: Whether you're on the far right or the far left, there is no question that the issue needs to be discussed. People will have different ideas about what we need to fix it, and that's fine, but first we need to recognize the problem...There's no ideological basis for fighting poverty -- we just need to help these people. They don't want a Democrat or a Republican. They want a champion. They want to feed their kids, and I think any person of either ideology can understand that and should work to help.

More questions, and details of his speech, after the jump.

Here are the four main proposals he discussed about how best to fight poverty:

1) Pass real labor law reforms, and increase the minimum wage.
2) Create housing vouchers for poor families across the country, so we no longer separate the rich and the poor in our communities.
3) Finance work bonds that match money that poor families are able to set aside into savings accounts.
4) Support a pilot program he's started called "College for Everyone," where any student that qualifies, isn't in trouble, and does 10 hours of work study their first year will be guaranteed free tuition and books.

Posted by Phillip Martin at 04:42 PM | Comments (7) | TrackBack

Two's Company

By Jim Dallas

Well I voted against Proposition Two. Have you?

After much soul-searching and contemplation, I ended up voting the way HBAD asked me to (for Peter Brown, Jay Aiyer, and Ron Green). Largely because HBAD happened to be out pamphleteering, and their endorsements were all pretty reasonable ones.

I voted for whoever that dude running against Shelly Sekula-Gibbs in At-Large 3 is, too (mostly to "send a message").

Posted by Jim Dallas at 04:37 PM | Comments (6) | TrackBack

Stand Up For Traditional Marriage: Vote AGAINST Prop 2!

By Andrew Dobbs

(I noticed that no one had posted on this yet, so I figured I'd go ahead. Sorry if anybody had their heart set on putting this out there, K-T can put something else up if he'd like).

There is no typo in the title of this post. While its proponents rail against gay marriage's threat to traditional families in Texas, the passage of Proposition 2 would actually be the biggest blow to traditional marriage in American history.

As Save Texas Marriage explains, the text of the amendment itself is terrifically flawed. Let's take a look at the wording:

Sec. 32. (a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Read it closely. Section (a) defines marriage as one man and one woman. Hooray for straight people! But Section (b) says that nobody in Texas can recognize any status identical to marriage. Wha? That's right: if this amendment passes, marriage is outlawed in Texas. Other states had the good sense to say that no status involving "unmarried persons" or "any other status" in order to make it clear that marriage still existed. Not here in Texas! The same guys who couldn't fix our schools, couldn't figure out how to take care of sick kids and can't seem to figure out how to obey the law can't even screw over gay people correctly. Thanks Republicans!

So remember, if this Prop passes, we will all be bastards, our loved ones all living in sin and divorce attorneys and insurance companies will have a field day with this one. If you want to defend marriage, you better vote AGAINST Prop 2.

Posted by Andrew Dobbs at 03:17 PM | Comments (27) | TrackBack

KKK to Support Prop 2 in Austin

By Karl-Thomas Musselman

From the world of "oh brother" comes this wonderful gem. Apparently someone thought it was a good idea to bring a white supremacist group, to Austin, for them to rally in support of Proposition 2. I'd seriously like to know who their scheduler is.

One, don't bring the KKK to Austin of all cities in Texas. That's just stupid. Two, having the KKK support Proposition 2 is one of the few, if not only things you could do, that might make people actually want to vote against it simply because of how negative an opinion they have of this group. Three, having your little shindig in the middle of the afternoon on a Saturday during the weekend when there isn't any voting going on makes little electoral sense, reducing that as a motive for the event. Four, having it on the weekend just invites all those off work staffers and various other Austinites to show up and make a ruckus, which is quite obviously the real intent.

The city has given permission of the Ku Klux Klan to hold a rally on Saturday, November 5. The group says they want to have a pro-family values rally in front of City Hall that afternoon to get voters to vote against gay marriage.

The city has reserved the Austin City Hall’s south plaza on Lavaca and Cesar Chavez from 1-3 pm on Saturday, November 5.

In an e-mail to the city for permission, a representative for the American White Knights of the Ku Klux Klan wrote: “Our speech will not be inflammatory, but we all know the reputation of the name of the KKK, so we expect anti-Klan demonstrators to be there who may become violent. We certainly don’t want any of our people hurt nor any city officials. We just want to come and encourage people to vote for Christian Family Values and against legalized homosexual marriage in the state of Texas.”

I only wish I could express the degree to which I'm rolling my eyes and sighing right now.

Posted by Karl-Thomas Musselman at 03:16 PM | Comments (50) | TrackBack

Reminder: John Edwards to Speak on Campus

By Phillip Martin

Just a reminder that John Edwards will be speaking today on campus about what students can do to help fight poverty. The talk begins at 2:00pm in the Texas Union Ballroom, but the doors are at 1:30pm, so get there early. I'll be attending, and I believe will get a chance to briefly interview Edwards after the event (perhaps even liveblog it, if I can find a laptop that has wireless internet).

Go 'Stros.

Posted by Phillip Martin at 11:08 AM | Comments (0) | TrackBack

October 23, 2005

All Nighter Against Inequality

By Karl-Thomas Musselman

And so it begins, the Campus Alliance Against Inequality overnight fest here on the West Mall as we prepare to storm the voting machine inside the Flawn Academic Center (UGL) at 7 am. I must say that it feels like fall, the temperature has been in the mid-50s so far this night.

The event began at 8 pm with the first of three bands, Mumblebee. What a way to kick off the night as they played a half hour set that got us all energized for the night out. They were followed by another student band, The Pajamas, which sadly, does not have a website yet for me to link to, but nonetheless provided some great music as many of those here started getting interviewed by local media. There are 3 satellite trucks for KVUE (ABC), KXAN (NBC), and KTBC (FOX) local affiliates. CBS is expected later tonight. Be sure to watch the local stations 10 o'clock news as we may be live on some of them. News 8 Austin has been here since 6 pm and will have their story running every hour starting tonight.

Acquired Taste, our third band is on stage right now. I'll be uploading images in just a minute! Watch this thread for move liveblog updates!

Here are some of the pictures.

News Cameras

Our Poster!

The Pajamas band pic

Aquired Taste band pic

Update: We just got finished giving out flyers for the Campus Storm, to paper campus with our vote no on 2 message. They will be going up on kiosks, in dorms, in academic buildings (all in the legal places to my knowledge). We are now setting up our screen for the movies we plan to watch and taking down our mic system, since we are following the City of Austin sound curfew as best as possible.

Update: The Daily Texan has reported on our little event, you can read it here. The Texan has also issued it's endorsements on the Amendments.

1- No
2- No
3- Yes
4- No
5- No
6- Yes
7- Yes
8- No
9- No

I'll try to have mine up in the morning, maybe after I vote, though hopefully before.

Update: It's after 4 am now, and the temperature has dropped, sitting in the high 40s at best. Most of those still here, and there is a dedicated group of 15-20 (which seems to actually grow as the night goes on) have now bundled up and huddled closer to each other as Spiderman 2 and Family Guy roll on the main screen.

Posted by Karl-Thomas Musselman at 09:42 PM | Comments (4) | TrackBack

Is there a legitmate arguement against permitting same-sex marriage?

By Jim Dallas

For those who are only casual blog-browsers, Scott Lemieux, Julian Sanchez, and Andrew Sullivan have been piling on Maggie Galagher, whose arguments (over at Professor Volokh's place) against same sex marriage have been (to put it bluntly) utterly demolished.

The more I follow the literate debate over marriage, the more I am unimpressed (I long ago was unconvinced) by the defenders of traditional marriage. Unless they get some new arguments, no thinking person could possibly agree with them.

But, as Adlai Stevenson once lamented, "that's not enough, we need a majority."

Of course, I could be wrong. Maybe there is actually a legitimate argument against same-sex marriage that I am missing. This is what comments are for.

Update: Of course, I forgot to mention Kieran Healey's takedown.

Posted by Jim Dallas at 05:06 PM | Comments (9) | TrackBack

Join Us Overnight at UT

By Karl-Thomas Musselman

Our Campus Alliance Against Inequality is throwing an overnight shindig in front of the UGL (Flawn Academic Center) tonight starting at 8 pm and running until tomorrow morning when the polls open to start casting votes in the Constitutional Amendment election.

We invite you to join us on the West Mall, starting at 8 pm, we will have 3 local bands perform, a break for the media at 10 pm, then a Campus Storm to get flyers and posters up all over campus, and then free food and movies as the night wears on. Bring a sleeping bag, pajamas, a blanket, whatever you like, or go home and join us again for 7 AM early voting, where there are more media expected as well and we will be handing out free balloons to those who voted, which we made especially for this event.

I will be liveblogging the events tonight so tune into BOR for what develops as well as my endorsements on the Constitutional Amendments, since now I have to actually think about the rest of these boring lame ass amendments before I vote at 7 am.

Posted by Karl-Thomas Musselman at 02:39 PM | Comments (0) | TrackBack

All Major TX Newspapers Against Prop 2

By Karl-Thomas Musselman

What do El Paso, San Antonio, Galveston, and Lufkin all have in common? Newspapers that came out in opposition to Constitutional Amendment 2 today. The means that every single major statewide newspaper has endorsed a vote AGAINST Prop 2. Lufkin, happens to be represented by Sen. Todd Staples, the Senate author of the amendment.

Also, we have finally seen our first Texas newspaper (and I can't believe I'm actually saying this is the first one being the day before voting starts) which has endorsed a yes vote- The Amarillo Globe News, though the arguments are very short. Here's your clipped roundup...

El Paso Times: Vote NO. It's redundant, already addressed in Texas law.

San Antonio Express News: Marriage does appear to be in trouble in Texas, but it is hard to see how gays have jeopardized the sanctity of the union between a man and a woman.

...

Because it could create unnecessary legal problems in a misguided — and discriminatory — attempt to strengthen marriage, voters should reject the amendment.

Galveston Daily News: The Daily News has opposed this idea for a long time. We’ve got one reason: Government should stay out of the private lives of people.

Before you get caught up in the rhetoric of this debate, ask a simple question. What, exactly, is the compelling reason for a constitutional amendment banning gay marriage?

...

Yes, a high percentage of marriages end in divorce.
Yes, deadbeat parents don’t pay child support.
Yes, almost a third of the children born today are born out of wedlock.
Yes, an alarming number of traditional families suffer from abuse and violence.

Those are sad facts about the American family. But how can anyone presume that gays and lesbians are responsible? Don’t all those facts reflect on the behavior of heterosexual people, rather than on homosexual people?

Think about the claim that failing to pass this amendment will undermine marriage. Does anyone really foresee that heterosexual men and women will stop marrying?

...

Government should afford gay people the same rights that other people have. Government should not guarantee rights to some — and then make them off limits to others. Government should not pass laws that restrict personal freedom.

When government must restrict someone’s freedom, there ought to be a compelling reason for doing so. The reasons given in favor of a ban on gay marriage don’t meet a very high standard for clear thought. They’re not even close to compelling.

Lufkin Daily News: The amendment that is drawing the most attention is Proposition 2, co-authored by state Sen. Todd Staples, R-Palestine, who represents our area.

...

But we have long favored allowing gay couples to join in civil unions that provide them the same legal protection that married couples have in terms of health benefits, inheritance, etc., without having to draw up expensive legal documents to obtain those rights. And that's why we oppose this proposition. The second half of the proposition bans governments from recognizing any "legal status" similar to marriage.

That goes too far. The amendment will be used to discriminate against a class of people that make up a significant number of productive Texas citizens – all in the guise of "protecting" marriage.

...

Proponents say the law banning same-sex marriage isn't sufficient, because a judge could overturn it. First off, as another editorialist pointed out, no Texas judge is going to overturn a ban on same-sex marriage, because that likely will be the last term of office he or she serves. Second, a state amendment can still be overturned by a federal judge as being a violation of the U.S. Constitution. The ultimate arbiter is the U.S. Supreme Court, which is where this issue will likely be decided once and for all.


The Jacksonville Daily Progress also had a staff writer editorialize against Prop 2, though I don't believe the paper has taken an endorsement otherwise. The title? Gay marriage, big whoop.

Update:I can thank the Aggies for something, even though we will beat them on the ballfield in a few weeks. The Byran-College Station Eagle endorsed a NO vote on Prop 2 as well, joining the Daily Texan in encouraging defeat of this amendment.

Posted by Karl-Thomas Musselman at 01:43 PM | Comments (4) | TrackBack

Early Voting Across the State

By Karl-Thomas Musselman

This thread if for early voting locations in counties across the state. I've found a number of them already, if you have your county, please leave it as a comment for record. I'm including a number of links that Jim already found yesterday.

This entry will become a hotlink on the side column so consider this my charge to you as readers: find your county's info (places, dates, and times), and add it as a comment. Election Day is November 8th statewide. Please only add early voting locations for the statewide ballot propositions.

Info below the fold.

Travis County
Dallas County
Bexar County
Tarrant County,
El Paso County
Williamson County
Brazos County
McLennan County
Jefferson County

Galveston County

Voters can cast ballots from 8 a.m. to 5 p.m. weekdays through Nov. 2 and from 7 a.m. to 7 p.m. Nov. 3 and 4 at the following locations:

• Galveston County clerk’s office, 722 21st St., Galveston.
• Bacliff Community Center, 4503 11th St., Bacliff.
• West County Building, 11730 state Highway 6, Santa Fe.
• Nessler Center, 2010 Fifth Ave. N., Texas City.
• League City County Annex (front entrance), 174 Calder Road, League City.
• Friendswood City Hall, 910 S. Friendswood, Friendswood.
• Park Avenue Community Center, 6901 Park Ave., Texas City.

Harris County

•8 a.m.-4:30 p.m. Monday-Friday
•7 a.m. - 7 p.m. Saturday
•1 p.m.-6 p.m. Oct. 30
•7 a.m.-7 p.m. Oct. 31-Nov. 4

Inside Loop 610
• 1. Downtown: Anderson-Clayton Building, Annex 44, 1310 Prairie, 16th floor
• 2. Moody Park area: Moody Park Recreation Center, 3725 Fulton
• 3. Kashmere area: Kashmere Multi-Service Center, 4802 Lockwood
• 4. Southeast Houston: HCCS Southeast College, 2524 Garland at Rustic, East Campus Annex
• 5. Palm Center: Justice of the peace-constable entry, 5300 Griggs
• 6. Astrodome Area: Fiesta Mart, 8130 Kirby
• 7. Neartown: Metropolitan Multi-Service Center, 1475 W. Gray

Outside Loop 610
• 8. N ortheast Houston: BeBe Tabernacle Methodist Church, 7210 Langley
• 9. Galena Park: Galena Park Branch Library, 1500 Keene, Galena Park
• 10. Hobby Area: I.B.E.W. Hall #66, 4345 Allen Genoa
• 11. Sunnyside: Sunnyside Multi-Service Center, 4605 Wilmington
• 12. South Houston Area: The Power Center, 12401 South Post Oak
• 13. Southwest Houston: Bayland Park Community Center, 6400 Bissonnet near Hillcroft
• 14. Near West Side: Tracy Gee Community Center, 3599 Westcenter
• 15. Spring Branch: Harris County Courthouse Annex No. 35, 1721 Pech, second floor
• 16. Acres Homes: Multi-Service Center, 6719 W. Montgomery, second floor
• 17. North: Hardy Senior Center, 11901 West Hardy

Outside Beltway 8
• 18. Humble: Octavia Fields Branch Library, 1503 South Houston, Humble
• 19. Kingwood: Fire Station 102, 4102 Lake Houston.
• 20. Wallisville: North Channel Library, 15741 Wallisville Road
• 21. Baytown: Remington Park Assisted Living, 901 W. Baker, Baytown
• 22. Pasadena: Harris County Courthouse Annex No. 25, 7330 Spencer Highway, Pasadena
• 23. Clear Lake: Freeman Branch Library, 16616 Diana, Clear Lake
• 24. Alief: Alief Regional Library, 7979 South Kirkwood
• 25. West Houston: VN Teamwork, 1210 Bellaire, Suite 118
• 26. Far West/Katy: Harris County M.U.D. No. 81, 805 Hidden Canyon at Cimmaron, Katy
• 27. Far West Houston: Courtyard by Marriott, 12401 Katy Freeway at Dairy Ashford

• 28. Bear Creek: Bear Creek Park Community Center, 3055 Bear Creek at Patterson
• 29. Jersey Village: Epiphany Lutheran Church, 8101 Senate
• 30. Tomball: Tomball Public Works Building, 501 B James, Tomball
• 31. Cypress Creek: Barbara Bush Library, 6817 Cypresswood, Spring
• 32. Far North: Ponderosa Fire Station No. 1, 17061 Rolling Creek

Posted by Karl-Thomas Musselman at 01:41 PM | Comments (0) | TrackBack