Thurgood Marshall

Fact Checking Barton Part I: Texas Textbooks

With no academic credentials as a historian, David Barton toldThe Daily Show host Jon Stewart that his involvement in editing textbooks around the country was proof that he is a respected and esteemed historian. However, his work with textbooks if anything reveals his blatant partisanship and pseudo-scholarship.

As Mariah Blake writes in The Washington Monthly, Barton’s Christian nation mythology was indeed just one aspect of his role shaping the Texas textbooks as a consultant for the Texas School Board. Barton wanted to give a positive spin to Joseph McCarthy’s anti-communist politics and “purge the standards of key figures of the civil rights era, such as César Chávez and Thurgood Marshall.” As Blake writes, Barton tried to diminish the work of civil rights leaders like Martin Luther Ling Jr. by arguing “that they shouldn’t be given credit for advancing the rights of minorities. As Barton put it, ‘Only majorities can expand political rights in America’s constitutional society.’ Ergo, any rights people of color have were handed to them by whites—in his view, mostly white Republican men.”

Barton, who was once vice-chair of the Texas GOP and a paid surrogate of the Republican National Committee, tirelessly works to convince black audiences that they should vote for Republicans and oppose the Democratic Party because the GOP is responsible for black civil rights.

But Barton’s claims that he writes about more than just America as a “Christian nation” shouldn’t distract from the reason Texas School Board members invited Barton to edit their textbooks in the first place. In fact, then-Texas School Board member Cynthia Dunbar admitted that it was the board’s goal to promote religion through the state’s textbooks to counteract “a Biblically illiterate society,” and another ex-member Don McLeroy said that it was his job at the School Board to fight “secular humanists” because “we are a Christian nation founded on Christian principles” and “the way I evaluate history textbooks is first I see how they cover Christianity and Israel.”

Barton also told Jon Stewart that he was used to help write textbooks in other states, namely California. However, this is quite an exaggeration. Rob Boston writes that while Barton was invited by a conservative to advise California in its development of textbooks, his proposals went nowhere:

In 1998, a conservative member of the California Academic Standards Commission appointed Barton to an advisory position, asking the Texan to critique proposed social studies/history standards. From that perch, Barton attacked the portion of the standards that discussed the development of religious freedom, trying to remove every reference to separation of church and state.

He almost pulled it off. Commission members, unfamiliar with Barton’s agenda, seemed open to adopting his suggestions. They changed course only after intervention by Americans United’s Sacramento Chapter, AU’s national office and others.

Chris Rodda of the Military Religious Freedom Foundation notes that this isn’t the only time Barton embellished his work with other states, as he also worked with Michele Bachmann when she was a Minnesota state legislator to ensure that schools display the Declaration of Independence.

Such a record of exaggeration demonstrates why real historians, including Christian historians, who have followed David Barton have repeatedly criticized and dismissed his faulty “scholarship.”

Fischer Violates 9th Commandment In Attacking Kagan For Violating Biblical Standards

As we know by now, the American Family Association's Bryan Fischer is quite serious when he says that our laws and behaviors in America ought to correspond to Biblical law ... as such, whales at Sea World ought to be put to death, and so should bears, and homosexuality should be criminalized, and people should be more like Phinehas, who saved Israel by killing two people who were engaged in sexual immorality.

And so it is no surprise that Fischer is now opposing Elena Kagan's nomination to the Supreme Court on the grounds that she violates the "scriputal standard of judgment": 

[T]here are very specific criticisms directed at any judge who would bend and distort the law in order to produce verdicts in favor of the poor.

Here are some examples:

* “You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness you shall judge your neighbor” (Lev. 19:15).
* “You shall not fall in with the many to do evil, nor shall you bear witness in a lawsuit, siding with the many, so as to pervert justice, nor shall you be partial to a poor man in his lawsuit” (Ex. 23:2-3).
* “You shall not be partial in judgment. You shall hear the small and great alike”(Deut. 1:17).

This is the standard of judging current chief justice John Roberts affirmed in his hearings. He said (paraphrasing), “If the law favors the little guy in my court, the little guy will win. If the law favors the big guy in my court, the big guy will win.” That is impartiality. That is the biblical standard for every judge at every level.

But listen in contrast to the words of nominee Elana Kagan. She wrote that the mission of the Supreme Court is to “show a special solicitude for the despised and the disadvantaged.”

In other words, she believes it is the role of a judge to bias the law toward the poor, whether the “despised and disadvantaged” are right or wrong. To put it bluntly, she believes in showing partiality to the poor in a court of law, the very thing repeatedly condemned in the Scriptures.

...

This is surely a recipe for injustice of the grossest kind.

This is and ought to be offensive to everyone who believes the Lady Justice ought to be utterly impartial, and offensive to everyone who holds the view of justice taught by the Judeo-Christian tradition ... When it comes to our courts and our judges, we must as a nation choose between a biblical view of justice and Elana Kagan’s view of justice,which in fact is not justice at all. Truth, common sense and American tradition are not with Ms. Kagan or our president on this one. To borrow a phrase from Ms. Kagan, it would be “a moral injustice of the first order” for her to be elevated to the Supreme Court.

Of course, Kagan was actually quoting Justice Thurgood Marshall with the "show a special solicitude for the despised and the disadvantaged" line that Fischer highlights.  

Now I am no Bible scholar, but isn't there something in there about "thou shalt not bear false witness"? In fact, if you read past Leviticus 19:15, which Fischer cites as proof that Kagan is unfit, to the very next verse, this is what you find:

Do not go about spreading slander among your people.

Maybe Fischer should try and take that advice some time.

Right Wing Round-Up

  • Adam Weinstein: Meet Kagan's Astroturf Military Attackers.
  • Think Progress: Coburn Has ‘No Idea’ Whether He Would Have Voted To Confirm Thurgood Marshall.
  • Towleroad: NH GOP Congressional Candidate Bob Giuda Compares Gay Marriage to Marrying 'Men and Sheep', 'Women and Dogs'.
  • Adele Stan: Right-Wing Bloggers Kicked Out of ‘For Profit’ Sarah Palin Speech.
  • Jed Lewison: Sharron Angle hits a grand slam for right-wing extremism.
  • Texas Freedom Network: Group’s Leader: Houston Mayor a ‘Sodomite’.

Right Wing Round-Up

  • Think Progress: Rand Paul refuses to say how old the earth is: ‘I think I’m just gonna have to pass on that one.’
  • TPM: Randall Terry Asks: Where Have All The Protests Gone?
  • Dave Weigel: Rick Barber talks about Nazis.
  • Iowa Independent: Huckabee not ready to endorse Branstad.
  • Steve Benen: What Did Thurgood Marshall Ever Do To The GOP?
  • Political Correction: Angle Rejects Abortion For Rape Victims: "Sometimes God Has A Plan".

Levey Heads To AFA Radio As Fischer Delivers Anti-Gay Sermon

In my last post, I noted that it was rather odd that a group like the Judicial Crisis Network would team up with a rabidly anti-gay Religious Right group like the Traditional Values Coalition ... but apparently right-wing judicial groups are not particularly choosy about the sorts of groups with whom align themselves, which explains why Curt Levey of the Committee for Justice was a guest on Bryan Fischer's radio program last Friday:

As it turned out, the discussion was not all the interesting, as Levey rattled off the standard right-wing anti-Kagan talking points while calling Justice Thurgood Marshall the biggest judicial activist in American history.

So instead of recording that rather boring exchange, I recorded this rambling anti-gay rant from Fischer instead in which he tries to explain that because gays can't have children, they have more free time to engage in political activism and press their agenda ... of course, he also argues that gays, and single people, shouldn't be allowed to adopt children either, and that gays should just keep sexuality in the bedroom and stop "sticking it in our faces": 

You think about the typical conservative, probably you, and most of the people listening to me right now, and me in this camp, the conventional conservative. We care about God, we care about the faith community, we're committed to our families - what we're involved in is were involved in nurturing our marriages, we're involved in helping our kids with their homework, we're involved in coaching our kids in soccer and Little League, we're involved in parent-teacher meetings, we're involved in going to school concerts and tracking them around watching them play their games, going to their recitals and all that. And then we're involved in going to choir practice, or our cell group, or our Bible study, and to church on Sunday, and to taking care of our homes and our laws. That's what occupies our time and attention.

But Andy's point was, look, you've got homosexuals who, by nature, cannot reproduce; it's impossible for them to reproduce, which is one of the reasons why we shouldn't have same sex marriage. Marriage really ultimately is about the right place for sexual expression to take place where procreation of children can take place, where children can conceived, they can be born, and they can be raised. That is what marriage is about. It's about a legitimate moral place for sexual expression to occur that occurs in conjunction with the procreative act that brings children into the world so they can be raised. Marriage ought to be reserved for those kinds of relationships, where they is a natural kind of sexual interaction, sexual capacity.

But homosexuals cannot reproduce, so the great majority of them don't have children. They are allowed to adopt in some places, which I think ought to be contrary to public policy. We should not have same-sex couples adopting children - you're deliberately placing kids in a home with a missing parent. This is a terrible thing to do to a child. It's a travesty to do to a child. If that child's up for adoption, they've already undergone, they've already experienced some kind of trauma already, which is the reason they're in a position where they need to be adopted into a home. The last thing in the world that you want to do is inflict an additional trauma on these children by deliberately choosing to put them in a home with a missing parent. I think our public policy should not be to adopt children into single parent households; that's a mistake, that's a tragedy, that's a disservice to those children. So they shouldn't go into single-parent homes as adoptive children and they shouldn't go into same sex homes.

But the point is, and I keep getting myself off track here, the point is that we know from studies that have been done that homosexuals have a higher per capita income than the rest of the population; they have time on their hands because they do not have children to tuck into bed at night, they do not have children to feed in the morning, they do not have children to take to school, they do not have children to take to soccer and Little League practice - so that time is available to them to put into political activism. And he's exactly right - they've just go time on their hands and that's where they put it; they put it into pressing their political agenda.

Homosexuals are the ones who are bringing their behavior out of the bedroom. You know, they always say "why do conservatives want to invade people's bedrooms?" The answer is "we don't." You can do whatever you want in your bedroom, nobody is going to barge in, nobody is going to break down your door and arrest you in your bedroom. You're the ones who are bringing it out of the bedroom and into the streets, You're sticking it in our faces, you're telling us we have to accept this, we have to normalize this, we have to sanction this, we have to promote it, we have to endorse it. If you would take your sexual behavior back in the bedroom, nobody would be bothering you.

As I said before, you really have to marvel at the groups with whom these right-wing judicial organizations like CJF and JCN are willing to associate themselves.

RNC Baselessly Attacks Kagan for Quoting Justice Marshall

At this point, nobody really expects much from the RNC, but even by their low standards, this is pretty pathetic:

Republicans are questioning Elena Kagan’s ties to a liberal icon and the nation’s first African American Supreme Court justice, Thurgood Marshall.

In its first memo to reporters since Kagan’s nomination to the high court became public, the Republican National Committee highlighted Kagan’s tribute to Marshall in a 1993 law review article published shortly after his death.

Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was “defective.” She quoted him as saying the Supreme Court’s mission was to “show a special solicitude for the despised and the disadvantaged.”

“Does Kagan Still View Constitution ‘As Originally Drafted And Conceived’ As ‘Defective’?” the RNC asked in its research document. “And Does Kagan Still Believe That The Supreme Court's Primary Mission Is To ‘Show A Special Solicitude For The Despised And Disadvantaged’?”

The point that Marshall was making is, you would think, rather uncontroversial

I do not believe that the meaning of the Constitution was forever "fixed" at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today.

You know, the last time I checked, the Constitution had been amended twenty-seven times, under the procedure set out in the Constitution itself, in order to do things like abolish slavery and give women the right to vote.

Does the RNC think the the Constitution, as drafted, was perfect that therefore shouldn't be amended ?

If so, they might want to re-write their party platform:

We favor adoption of the Balanced Budget Amendment to require a balanced federal budget except in time of war.

...

Twenty-six years ago, President Reagan’s Task Force on Victims of Crime, calling the neglect of crime victims a “national disgrace,” proposed a constitutional amendment to secure their formal rights. Today, that disgrace persists in courtrooms across the nation. Innocent victims – battered women, abused children, the loved ones of the murdered – still may not be told when their case is being heard. They can be excluded from the courtroom even when the defendant and his friends may be present. They have no right to a speedy trial, and a judge or parole board has no obligation to consider their personal safety in making release decisions. In short, the innocent have far fewer rights than the accused. We call on Congress to correct this imbalance by sending to the states for ratification a constitutional amendment to protect the rights of crime victims.

...

Faithful to the first guarantee of the Declaration of Independence, we assert the inherent dignity and sanctity of all human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.

...

Because our children’s future is best preserved within the traditional understanding of marriage, we call for a constitutional amendment that fully protects marriage as a union of a man and a woman, so that judges cannot make other arrangements equivalent to it.

Texas Curriculum: Thurgood Marshall Out, Newt Gingrich In?

Back in April, the Texas Freedom Network reported that the Texas State Board of Education had named both David Barton of WallBuilders and the Rev. Peter Marshall, who suggests that California wildfires and Hurricane Katrina were divine punishments for tolerance of homosexuality, to its social studies curriculum “experts” panel.

When Barton and Marshall released their recommendations for changing the curriculum, they suggested, among other things, dropping mentions of both César Chavez and Thurgood Marshall.

"Review committees" are now putting together a draft of a new curriculum based on recommendations from the "expert" panel and it looks they are set to fill their history books with figures like Newt Gingrich, James Dobson, and Phyllis Schlafly:

Texas high school students would learn about such significant individuals and milestones of conservative politics as Newt Gingrich and the rise of the Moral Majority under the first draft of new standards for public school history textbooks, but nothing about people or groups considered more liberal.

...

The first draft for proposed standards in "United States History Studies Since Reconstruction" says students should be expected "to identify significant conservative advocacy organizations and individuals, such as Newt Gingrich, Phyllis Schlafly and the Moral Majority."

...

Conservatives form the largest bloc on the 15-member State Board of Education, whose partisan makeup is 10 Republicans and five Democrats.

David Bradley, R-Beaumont, one of the conservative leaders, figures that the current draft will pass a preliminary vote along party lines "once the napalm and smoke clear the room."

But not all conservative board members share that view.

"It is hard to believe that a majority of the writing team would approve of such wording," said Terri Leo, R-Spring. "It’s not even a representative selection of the conservative movement, and it is inappropriate."

Another board conservative, Ken Mercer, R-San Antonio, said he thinks that students should study both sides to "see what the differences are and be able to define those differences."

He would add James Dobson’s Focus on the Family, conservative talk show host Sean Hannity and former Arkansas Gov. Mike Huckabee to the list of conservatives. Others have proposed adding talk show host Rush Limbaugh and the National Rifle Association.

Mercer says he would also mention groups like the National Education Association, MoveOn.org, Planned Parenthood and the Texas Freedom Network so that students will be "able to identify what’s conservative ... [a]nd what is liberal in contrast."

Right Wing Leftovers

  • Mike Huckabee will be kicking off the Values Voter Summit.
  • The GOP does not have a lot of celebrity supporters, so I really, really hope  that it makes good use of Victoria Jackson.
  • I'm pretty sure that most of the Young Cons' "success" - as measured by YouTube views - has come from people who are mocking them.
  • The Birther movement in Congress is picking up more supporters.
  • Apparently, today was National "Stop S. 909" Day whereby the Religious Right mobilized to oppose hate crimes legislation. Strangely, outside of this one article, I could find no evidence that these groups were actually doing any mobilizing.
  • Bishop Jackson says he'll soon be filing paperwork to launch a voter initiative, similar to California's Proposition 8, that would affirm marriage between a man and a woman in DC.
  • Pat Mahoney and Rob Schenck delivered their official prayer ahead of Sonia Sotomayor's hearing.
  • Charlie Crist has massively out-raised his primary rival, and darling of the social conservatives, Marco Rubio.
  • Gary Bauer continues to insist that Sarah Palin's decision to suddenly resign was a brilliant move.
  • The House of Representatives voted 399-1 for the Capitol Visitors Center to have a plaque acknowledging the role of slave labor in the construction of the Capitol. The one "no" vote came from Rep. Steve King (R-IA) who insists he did so in order to protect America's Judeo-Christian heritage.
  • Finally, who ever could have ever predicted that putting David Barton and other religious-right ideologues on the panel of experts responsible for setting Texas schools' social studies curriculum would lead to them asserting that civil rights leaders like César Chávez and Thurgood Marshall are given too much attention?
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Thurgood Marshall Posts Archive

Brian Tashman, Thursday 05/05/2011, 12:14pm
  The Daily Show - David Barton Pt. 1 Tags: Daily Show Full Episodes,Political Humor & Satire Blog,The Daily Show on Facebook With no academic credentials as a historian, David Barton toldThe Daily Show host Jon Stewart that his involvement in editing textbooks around the country was proof that he is a respected and esteemed historian. However, his work with textbooks if anything reveals his blatant partisanship and pseudo-scholarship. As Mariah Blake writes in The Washington Monthly, Barton’s Christian nation mythology was indeed just one aspect of his role shaping the... MORE >
Kyle Mantyla, Tuesday 07/06/2010, 2:04pm
As we know by now, the American Family Association's Bryan Fischer is quite serious when he says that our laws and behaviors in America ought to correspond to Biblical law ... as such, whales at Sea World ought to be put to death, and so should bears, and homosexuality should be criminalized, and people should be more like Phinehas, who saved Israel by killing two people who were engaged in sexual immorality. And so it is no surprise that Fischer is now opposing Elena Kagan's nomination to the Supreme Court on the grounds that she violates the "scriputal standard of judgment":... MORE >
Kyle Mantyla, Wednesday 06/30/2010, 6:00pm
Adam Weinstein: Meet Kagan's Astroturf Military Attackers. Think Progress: Coburn Has ‘No Idea’ Whether He Would Have Voted To Confirm Thurgood Marshall. Towleroad: NH GOP Congressional Candidate Bob Giuda Compares Gay Marriage to Marrying 'Men and Sheep', 'Women and Dogs'. Adele Stan: Right-Wing Bloggers Kicked Out of ‘For Profit’ Sarah Palin Speech. Jed Lewison: Sharron Angle hits a grand slam for right-wing extremism. Texas Freedom Network: Group’s Leader: Houston Mayor a ‘Sodomite’. MORE >
Kyle Mantyla, Tuesday 06/29/2010, 5:56pm
Think Progress: Rand Paul refuses to say how old the earth is: ‘I think I’m just gonna have to pass on that one.’ TPM: Randall Terry Asks: Where Have All The Protests Gone? Dave Weigel: Rick Barber talks about Nazis. Iowa Independent: Huckabee not ready to endorse Branstad. Steve Benen: What Did Thurgood Marshall Ever Do To The GOP? Political Correction: Angle Rejects Abortion For Rape Victims: "Sometimes God Has A Plan". MORE >
Kyle Mantyla, Monday 06/28/2010, 4:25pm
In my last post, I noted that it was rather odd that a group like the Judicial Crisis Network would team up with a rabidly anti-gay Religious Right group like the Traditional Values Coalition ... but apparently right-wing judicial groups are not particularly choosy about the sorts of groups with whom align themselves, which explains why Curt Levey of the Committee for Justice was a guest on Bryan Fischer's radio program last Friday: As it turned out, the discussion was not all the interesting, as Levey rattled off the standard right-wing anti-Kagan talking points while calling Justice... MORE >
Kyle Mantyla, Monday 05/10/2010, 12:06pm
At this point, nobody really expects much from the RNC, but even by their low standards, this is pretty pathetic: Republicans are questioning Elena Kagan’s ties to a liberal icon and the nation’s first African American Supreme Court justice, Thurgood Marshall. In its first memo to reporters since Kagan’s nomination to the high court became public, the Republican National Committee highlighted Kagan’s tribute to Marshall in a 1993 law review article published shortly after his death. Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as... MORE >
Kyle Mantyla, Friday 08/21/2009, 11:32am
Back in April, the Texas Freedom Network reported that the Texas State Board of Education had named both David Barton of WallBuilders and the Rev. Peter Marshall, who suggests that California wildfires and Hurricane Katrina were divine punishments for tolerance of homosexuality, to its social studies curriculum “experts” panel.When Barton and Marshall released their recommendations for changing the curriculum, they suggested, among other things, dropping mentions of both César Chavez and Thurgood Marshall."Review committees" are now putting together a draft of a... MORE >
Kyle Mantyla, Thursday 07/09/2009, 5:59pm
Mike Huckabee will be kicking off the Values Voter Summit.The GOP does not have a lot of celebrity supporters, so I really, really hope  that it makes good use of Victoria Jackson.I'm pretty sure that most of the Young Cons' "success" - as measured by YouTube views - has come from people who are mocking them.The Birther movement in Congress is picking up more supporters.Apparently, today was National "Stop S. 909" Day whereby the Religious Right mobilized to oppose hate crimes legislation. Strangely, outside of this one article, I could find no evidence... MORE >