Dreams of Consciousness

C'mon MAINE!

2009-11-04T04:22:05Z

FUCKING FUCKITY FUCK, c'mon Maine, don't vote for inequality!!

As long as everyone else is talking about their dreams ...

2009-10-01T12:25:18Z

I dreamed that my younger sibs and cousins decided to try an experiment. They piled a whole bunch of metal implements: pots, pans, toaster, phone plugged into the wall charger; into the sink, ran water over the bunch, and tried to light up something electrical at the other end with the voltage.

I woke myself up yelling at them for being bad children.

Ahh ...

2009-09-25T14:46:32Z

The sky this morning, for less than a minute, was detailed in beautiful roseate colors in a pattern that reminded me of mother-of-pearl. What a gorgeous sunrise.

Was it me?

2009-08-26T18:40:22Z

So an employee just gave two weeks notice. Was it me? Am I a bad boss? Can I replace this person? I don't know. :(

Changeling nerdery

2009-07-29T03:13:49Z

Wrote a Contract for Changeling: the Lost.

Contracts of Ink
Writing has been the predominant means of long distance communications between people since its creation. Besides its utilitarian purpose, though, the written word has allowed mankind to explore its dreams and ambitions, as well as manipulate opinion and change the face of the world. They say the pen is mightier than the sword, and the fae have long had dealings with this fascinating concept.

Everfull Ink Pot (•)
The changeling licks the nib of an empty quill, shakes an empty pen, or rattles the typewriter's ink well and refills the ink in the targeted vessel. This clause only works with manual and mechanical writing implements, not electronic ones like a computer printer.
Cost:1 Glamour
Dice Pool: Wyrd + Expression
Action: Instant
Catch: The changeling is using a traditional calligraphy set with a separate pen and ink vessel, like a traditional Chinese brush and ink grinder or a quill and ink pot.
Roll Results
Dramatic Failure: Not only does the vessel not refill, but every other ink vessel the changeling attempts to use in the next scene inexplicably dries up as well.
Failure: The level of ink in the vessel remains the same.
Success: The ink vessel, whether it is an ink pot, the inkwell in a manual typewriter, or a mundane ballpoint pen, becomes filled with enough ink to write continuously for the next scene. In addition, while working with the Glamour infused ink, every success gained for summoning the ink grants the changeling one bonus die for every Expression roll made using the ink. This ink disappears at the end of the scene, leaving the vessel empty, though any writing remains.
Exceptional Success: The ink is permanent and grants anyone a +1 to Expression rolls made while using it.

Polyglot's Eye (••)
Whispering to the ink written on a page, the changeling requests a translation of the words the ink forms. To the eyes of the changeling, the ink reshapes itself into intelligible speech.

Cost: 1 Glamour
Dice Pool: Intelligence + Wyrd
Action: Instant
Catch: The changeling picks a book or piece of writing on which to use this power at random, with no foreknowledge of what writing it contains.
Roll Results
Dramatic Failure: All writing becomes unintelligible gibberish to the changeling for the next scene.
Failure: The writing remains unchanged.
Success: The targeted piece of writing: one book, newspaper, magazine, or street sign becomes legible to the changeling for the next scene. The changeling gains no proficiency in speaking or even writing any new languages, the material simply appears to be in a language that the changeling understands. This clause does not translate any supernatural language, but it can break mundane codes. If the targeted piece of writing is a code of some sort, apply penalties to the roll based on the complexity of the code.
Exceptional Success: Any written material translates itself to the eyes of the changeling for the scene, not just the targeted material.

Eye of the Beholder (•••)
The changeling is able to craft a message hidden within a piece of innocuous writing that only shows itself to particular recipients under particular conditions determined by the writer. Seemingly unnecessary pen strokes or passes with a brush "write" the message invisibly into the material, only seen by the intended target of the message.
Cost: 2 Glamour
Dice Pool: Manipulation + Wyrd
Action: Instant
Catch: The changeling maintains eye contact with the intended recipient of the message the entire time it takes to write the message. This only works if all the intended recipients are in one place.
Roll Results
Dramatic Failure: The hidden message is visible to everyone except the intended target, who only sees the masking message. The changeling perceives the clause as having succeeded.
Failure: Only one message is written, the hidden message is lost. The changeling realizes the failure.
Success: A hidden message is implanted in a piece of writing or painting the changeling creates. To the intended recipient of the message, the masking image seems to reshape itself into the hidden message every time they look away and look back again. One coherent message can be hidden in one image per use of this clause.

The specificity of the target imposes penalties on the roll (General -1, only women, Americans, or vampires can see the message; Very Specific-3, only my neighbor John Thompson, that man I just bumped into, or Mary Rosethorn's killer can see the message) as well as specific conditions under which the target can see the message (General -1, only during the day, on weekends, or after someone blinks twice; Very Specific -3, only on February 29th, under the light of a full eclipse, or after someone has said a specific code phrase) and these penalties are cumulative.

The hidden message remains implanted for the next scene, unless the changeling spends a point of Willpower, in which case it lasts until the next sunrise or sunset. If the changeling also cuts herself, causing one point of Lethal damage, and smears a small amount of her blood into the message, it becomes permanent. This is how many Freeholds mark safe territory, with signs that are only visible to changelings.
Exceptional Success: As long as the message exists, its creator can reveal it to whomever she wishes. With in Instant action, the changeling can grant one target within sight the ability to read the hidden message as well.

Fae Script (••••)
The consummate skill of a writer with this clause manifests as the ability to transcend the normal boundaries of language and space. The changeling concentrates and writing appears upon any surface within sight, able to be read by anyone, regardless of language.
Cost: 2 Glamour
Dice Pool: Wyrd + Expression
Action: Instant
Catch: The changeling uses this clause specifically to warn someone of immediate danger.
Roll Results
Dramatic Failure: Everything the character writes for the next scene is misinterpreted, usually negatively or in an offensive manner. All Expression rolls involving writing automatically fail and the changeling incurs a -3 penalty to Social rolls with anyone who reads his writing.
Failure: The writing is only as clear as the changeling's mundane skill can make it.
Success: The changeling makes one message appear on any surface in sight. A surface that is extremely far away but still within sight imposes a -1 penalty to the roll, while a surface viewed remotely, perhaps on live television, imposes a -2 penalty. Anything the character writes can be understood by any being that possesses a language, even if they are illiterate. The writing itself doesn't change, the meaning is just apparent to anyone who looks at it. This clarity lasts for a scene, unless the changeling spends a point of Willpower to make it last until the next sunrise or sunset.
Exceptional Success: Not only is the meaning of the writing made clear to anyone, but a specific emotional component can be added as well. Readers can be made to feel anger, sorrow, joy, or any one emotion that the changeling implants at the time of the writing.

Suspension of Disbelief (•••••)
People tend to believe what they read. This clause takes advantage of that property of writing, convincing the reader of the veracity of written statements.
Cost: 3 Glamour + 1 Willpower
Dice Pool: Manipulation + Wyrd
Action: Instant
Catch: The changeling specifically forges a document that actually exists.
Roll Results
Dramatic Failure: The clause fails, but the changeling is convinced it worked and cannot be convinced otherwise for the rest of the scene.
Failure: The clause fails. The writing is only as convincing as the changeling can make it with mundane skill.
Success: The changeling writes a note or paints a painting so convincing that anyone who can read or interpret it believes it to really be what it is depicting. The changeling can pin a piece of paper to her chest reading, "This is a Press Badge." and can walk confidently into a press conference when no one challenges her. The changeling can even paint a picture of a fire on a wall or write "Crackling Fire" in graffiti in an alley and the homeless would huddle around it, basking in the illusory heat. This illusion lasts for a scene or until it is broken.

Any character looking at the writing for the first time in the scene can make a reflexive Wits + Composure roll with a penalty equal to the successes the changeling rolled in activating the clause to notice something odd about the illusion. If the character suceeds, he must still make a Resolve + Wyrd roll and beat the successes the changeling achieved to see through the illusion. If any character sees through the illusion and explicitly points it out, the power is broken for everyone. The naked changeling wearing a ribbon that says "I'm wearing fine clothing" is exposed for the fraud he is.
Exceptional Success: The illusion is so complete that it also works on people who receive the information second hand, by word of mouth. Someone who is fooled by the illusion can describe it to someone else, who's mind then supplies the image for the illusion. The second person can still make the roll to break the illusion, though.

IE - Matt has been huddling around a piece of graffiti that says "Crackling Fire" for awhile but has shuffled off, bumping into Maude. "What's going on over there?" she says, since she can't see the graffiti well enough to read it and only sees blank wall. "Someone lit a fire," says Matt, passing on the illusion. Maude fails the roll, however and now wonders how she didn't notice the firelight flickering between the forms of the other homeless people.

Awake very early

2009-07-23T10:30:57Z

Went to sleep with Toto early because he was sick, woke up at 3am, can't go back to sleep, long day ahead.

Felt creative ...

2009-07-09T15:39:55Z

So I wrote a new character for an online game I might play in, for kicks. It's a Mage the Awakening character:

Shadow Name: Ferrum
Name: Irene Orduño
Path: Moros
Order: Free Council

Description: Irene (ee-REH-neh) is a small Hispanic woman with arresting black eyes, usually hidden behind a fall of dark hair. Small of stature and often dressed in overalls for work, Rene is often described as “cute” until she flips her hair back and spears whoever said so with her dark and penetrating gaze. Her face is a little too sharp to be called beautiful, but on the rare occasion that she finds a reason to smile, her features soften and she looks all of eighteen again. Her hands, though small like the rest of her, are calloused from working in the shop and her arms are banded with wiry ropes of muscle. Her fingernails are cut short and usually have a perpetual rime of grease under them. When not working, she can be found in jeans and sneakers, paging through auto magazines or mechanical engineering journals.

Personality: Before her assault and Awakening, Irene was a sunny and optimistic girl, the light of everyone’s day and the joy of her entire family. Now, with her brother dead and her parents shutting down around themselves, Rene is a much different person. This person is capable and practical, with no time for nonsense. Running her father’s shop and trying to hold her family together has left her stretched a bit thin, but she buckles down, grits her teeth and does what is necessary. Rene’s anger is also something new she found about herself, snapping out at people that cross her, especially when she is stressed, which is more and more often, lately. In unguarded moments, when her responsibilities are satisfied for the moment, sometimes Rene’s old self resurfaces, especially when she’s tinkering in her garage. In these moments, she revels in the creative process and in problem solving.

Background: Irene Orduño was the youngest child in a small Mexican American family. Always bright and eager to learn, she made her parents proud by becoming the first person in the family to go to college. She’d grown up helping her father out in his auto shop, and majoring in Mechanical Engineering just came naturally to her. Life was going perfectly smoothly until the summer of her sophomore year, when she was working for her father as she did every summer.

Her older brother Renaldo, though he had a big heart and always put family first, was always getting in trouble. First he got in trouble with his parents, then his teachers, and finally the law. Rene was working on a car in the shop when a bunch of rival gang members found her brother and shot him in front of her. Not content with that, one of the bullyboys held her down, hammered her head into the concrete a few times and, as she lost consciousness, forced himself into her, laughing about the “bonus action” he was getting.

Rene woke up naked in a landscape of twisted metal and a river that ran black and viscous as motor oil, in the distance a rhythmic clanging sound echoed. On the near shore stood a figure shrouded in a cloak, gazing over the turgid river. Turning back toward the naked an shivering girl, the figure said in hollow tones, “You have a choice, niña, stay here with no clothes, no coin to pay your way, and wait for whatever may come.”

“Or,” it whispered, turning toward the source of the rhythmic clanging, “find the lead coin and your true worth.”

“The way is not easy and there will be no rest, but in the end you will truly know yourself. This, then, is the choice before you. Peace and ignorance, or knowledge and strife."

With that, the cloaked figure fell silent and continued gazing out across the river. Not being a person used to inactivity, Irene made her choice and set out across the tortured landscape.

As she walked, her feet were cut by the shards of metal hidden under the layer of rust flakes that fell like snow, her hair was caught and torn in hedges made of barbed wire, and her hands were slashed while climbing over the pitted and rusted bones of extinct mechanical creatures. All the while, the clanging sound got louder and louder, so pervasive and penetrating that Irene's head and entire body started to throb in time with it.

By the time Irene reached the source of the sound, she was covered in rust or blood, she couldn't tell the difference. Looking up wearily, she beheld a magnificent tower. The foot of the tower was made of lead, dull and gray, but each winding step up the side of the tower was a little more refined, until the top of the tower shone with an inner radiance that Irene's eyes and mind couldn't fathom what they saw. It was here, at the foot of the tower, that the clanging sound originated. Irene was somehow not surprised to see the same cloaked figure hammering at something small set on an anvil made from the substance of the tower itself.

When Irene approached the tower, the figure stopped hammering and turned around to face her, but the sound continued. Pushing back the cowl of the cloak, the figure revealed itself to be Irene, but a version of herself as strange and wondrous as the tower. He naked skin gleamed like metal polished more smoothly than any machine was capable of and stars shone in her eyes, as if they opened up into the cosmos.

Horrifically, the source of the clanging was an image reflected in the mirror skin of Irene's shining metal doppelganger. It showed Irene, bleeding on the floor of her father's garage, the clanging sound was her head being repeatedly hammered into the concrete by her rapist.

Staring at her impassively for a moment, the gleaming being finally spoke in tones that shivered and sang like a struck diamond,

"You have strong metal in your soul, niña, but it is unrefined. Impurity has been introduced into the matrix, but the mix is very delicate. Too much, and you become brittle, breaking at the first stress. Too little, and you remain soft, bending and shearing under pressure."

Stars moved slowly in the eyes of the being. It stared at her,

"The smelting process is ... difficult. There will be pain ... and it is uncertain whether the finished product will be without .. flaws. But if the formula is correct, the impurity will strengthen the matrix, resulting in ... perfection."

The metallic being punctuated the last word with a light clap of its hands, causing a ringing tone that was felt more than it was heard, a tone that seemed to last forever, hanging in the chambers of Irene's soul.

"Shall we begin?" The being held its hand out to Irene.

Irene looked at the perfection of the being's hand and then looked down at her own had, bleeding and covered in rust. She turned her gaze back toward the gleaming form, not trusting herself to speak, but pleading with her eyes. How could she mar that beauty with her blood?

The being only stared back at her, but in its eyes Irene could sense an infinite well of patience. It did not judge her or want anything from her, it only waited calmly for her response. She reached out and took its hand.

Irene's blood, mixed with the rust from the strange land, tarnish the burnished hand of her inner perfection and it nodded. Then it reached down to the anvil and picked up what it had been hammering on, an obol of lead from the foot of the tower. Turning Irene's hand over in its palm, the being placed the coin in her hand, before saying, "Some souls are flawed, and cannot be refined. They are weak and must be destroyed, returned to scrap to begin again."

The image reflected on it's skin showed Irene her rapist, only now she could somehow see inside him to his core, where his rotten and pitted soul hid like a rusted lynch pin, ready to give way. And give way it did, just as the strut holding up the frame of the car she had been working on gave way, crushing him under tons of metal, but leaving her unharmed.

A week later, Irene sat up in the hospital bed, he mother and father dozing in chairs beside her. She was Awake.

<3 this song!

2009-07-07T02:56:14Z

One year

2009-06-27T15:13:33Z

A year ago today, we took vows and said aloud what our hearts had already been saying to one another.

I'm yours
You're mine
I promise to love
and to care for you
To put up with you
like you put up with me ;)
Til there are no more beats
Left in my heart

How we change because of the people we love.

2009-06-24T14:29:39Z

When people fantasize about their dream relationship, I often hear that they want someone who will let them be exactly who they are right now and not change them. In a lot of ways I think that's a pipe dream, unrealistic. I don't mean to burst anyone's bubble, but I'm pretty sure that's not how relationships work.

I don't claim to be an expert, I'm just working on observations I've made about people and being in any kind of relationship with someone requires that one make space and time for a person in their lives. Whether that's mental space and minimal time or literal living space and a bigger investment of time, being with someone takes work.

Just speaking from personal experience with my marriage, I literally wouldn't be the person I am now if Toto hadn't been in my life. It's partially from things I learned from him and about myself, partially from just having to accommodate having a person in my life, and even partially from changes I made for him. I know it's not a very popular idea, changing yourself or trying to change your partner to fit you, and I certainly don't think it's something one should try to do, but realistically it just ends up happening.

I think one of the gauges of the worth of a relationship is looking at the changes happening and taking stock of whether they are good healthy changes or not.

Random thoughts of today.

Social internetworking is interesting

2009-06-09T23:15:13Z

So I started using Facebook recently and I had Facebook drama already! I got a Facebook divorce on my second day! *cry*

It's alright, though, we got remarried. It's official because it's on Facebook.

Sinfest proves Einstein wrong ...

2009-06-01T14:00:53Z

Weird

2009-05-20T14:28:20Z

Why is it that I can't stand print comics because an issue is too short, but I faithfully read webcomics, whose issues are even shorter?

Work on a Saturday, yay!

2009-04-25T16:04:28Z

Rainy rainy doom. -_-

World of Darkness: Battle Royale

2009-04-21T07:12:54Z

So here's the premise: My regular gaming group, and you know who you are, are generally crunch shy, and we go for story driven games that are full of character development and narrative and all that good stuff.

Let's do something different!

I want to run an arena tournament where you test your ability to build combat characters and have them duke it out in a Grand Melee, last survivor wins.

The goal is threefold:
1) To practice using the mechanics of the World Of Darkness in combat, the crunchiest of situations, so we'll no longer be afraid of crunch.
2) To practice making characters quickly. Don't get too attached to your characters, they're probably going to die.
3) To have fun! Sometimes we just need an all out brawl to get it out of our systems.

My number one rule will be this:
You're allowed to fight dirty in character if you so wish, but you CANNOT take it personally out of character. A fun activity should never be the reason to strain a friendship.
I will be using the standard rules and trying my best to be as fair as possible

Your options:

Vampire: These undead bloodsuckers are strong and fast and can possess strange, mesmeric powers of the cursed blood that runs through their veins. Advantages include the ability to shrug off bullets, use blood to enhance their bodies, and possibly alluring mental powers. Disadvantages include a debilitating vulnerability to fire and sunlight and wooden stakes to the heart.

Werewolf: Shapeshifting spirit warriors, werewolves can take advantage of a wolf's speed, a human intellect, and the terrifying might of their hybrid war-form. Advantages include the ability to rapidly heal from the most grievous wounds, shift into various forms for utility, and call on various spiritual powers. Disadvantages include a severe allergy to silver and anger management issues.

Mage: Wizards and witches, sorcerers and warlocks, these spellcasters have a vast array of abilities at their disposal. Advantages include vast flexibility in powers and no debilitating weakness. Disadvantages include long preparation times needed for their most powerful abilities, the possibility of their magic backfiring horribly, and a weakness to being witnessed by normal people.

Promethean: These stitched horrors are composed of the body parts of the deceased and possess an unholy stamina. Advantages include strong abilities to withstand damage and cause harm through alchemical transmutations, as well as heal themselves with electricity. Disadvantages include a weakness to fire and the fact that everyone hates you. Everyone.

Changeling: Fae creatures of folklore and fairytale, these tricksters possess devious powers over fate. Advantages include powers that are cheap to cast and slip past many defenses. Disadvantages include a lack of an inherent healing ability and generally weaker powers.

Hunters: For the brave of heart, try a normal human. Hunters are people who have vowed to take back the night and have the guns to do it. Advantages include a variety of equipment, arsenals of monster hunting gear. Disadvantages include being human, and more vulnerable to some of the strange powers of the monsters.

The World of Darkness book is a requirement for this exercise, especially the chapters on Character Creation and Combat. Please read those. If there is something you want to try and you're not sure if it will fly, run it past me, including the page reference for where you got it. I have many of the books and will check them.

Make me three characters or so and let's have at it! Reply here if you're interested, email me at Ophidimancer AT gmail.com to run your character ideas past me. I will add additional rules in a bit.

Busy Weekend and My First Nigerian Scam Email!

2009-04-21T06:26:05Z

So this weekend was really busy. On Friday my mother and I went to the wake for our bookkeeper's mother and then continued on to go see my sister in the AASIA show at UIC, ImaginAsian. Then on Saturday I went to work in the morning, had a Gong Meditation event in the afternoon, and then had a Burma Chinese Association dinner in the evening, there went Saturday. On Sunday toraemon and I went to magmaforge's birthday party, played video games, ate food, and then had card and board games, fun was had by all. Weekend gone in a blur of activity!

I got my first Nigerian Email Money Scam! Yay! ;D

Someone check my logic?

2009-04-14T17:47:44Z

So the Equal Protection Clause of the 14th Amendment guarantees us equal protection in the eyes of the law despite sex.

Allowing a man to enter into a domestic civil contract with a woman but denying that right to another woman would be sexual discrimination.

Marriage licenses should therefore legally be gender neutral.

Is this a good argument? Is there a legal precedent that prevents someone from using this argument?

Woo hoo! Last one out of the closet is a rotten canapé!

2009-04-07T16:09:55Z

Gay Marriage Legal in Vermont!

Ain't no stoppin' us now!

Here are some talking points from the Iowa decision

2009-04-05T00:16:29Z

In striking down Iowa's ban on same-sex marriage, the court made some significant and important observations. The usual suspects submitted amicus briefs on this matter.These included the Thomas More Society, Knights of Columbus, Liberty Counsel, Jews Offering New Alternatives to Homosexuality (JONAH), Parents and Friends of Ex-Gays & Gays (PFOX), Evergreen International, Alliance Defense Fund, American Center for Law & Justice, United Families International, Family Watch International, Family Leader Foundation and several others.

Early on The Court established an historical perspective on the status quo:
The framers of the Iowa Constitution knew, as did the drafters of the United States Constitution, that “times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress,” and as our constitution “endures, persons in every generation can invoke its principles in their own search for greater freedom” and equality.

As Justice Oliver Wendell Holmes poignantly said, “It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.”

An interesting observation of circular logic:

In short, for purposes of Iowa’s marriage laws, which are designed to bring a sense of order to the legal relationships of committed couples and their families in myriad ways, plaintiffs are similarly situated in every important respect, but for their sexual orientation. As indicated above, this distinction cannot defeat the application of equal protection analysis through the application of the similarly situated concept because, under this circular approach, all distinctions would evade equal protection review. Therefore, with respect to the government’s purpose of “providing an institutional basis for defining the fundamental relational rights and responsibilities of persons,” same–sex couples are similarly situated to opposite–sex couples.

Immutability of Sexual Orientation

The parties, consistent with the same-sex-marriage scholarship, opinions and jurisprudence, contest whether sexual orientation is immutable or unresponsive to attempted change. The County seizes on this debate to argue the summary judgment granted by the district court in this case was improper because plaintiffs could not prove, as a matter of fact, that sexuality is immutable. This argument, however, essentially limits the constitutional relevance of mutability to those instances in which the trait defining the burdened class is absolutely impervious to change. To evaluate this argument, we must first consider the rationale for using immutability as a factor.

A human trait that defines a group is “immutable” when the trait exists “solely by the accident of birth,” we agree with those courts that have held the immutability “prong of the suspectness inquiry surely is satisfied when . . . the identifying trait is ‘so central to a person’s identity that it would be abhorrent for government to penalize a person for refusing to change [it].’ ”

“Because a person’s sexual orientation is so integral an aspect of one’s identity, it is not appropriate to require a person to repudiate or change his or her sexual orientation in order to avoid discriminatory treatment.”).

... it would be difficult to improve upon the words of the Supreme Court of Connecticut:

Gay persons have been subjected to and stigmatized by a long history of purposeful and invidious discrimination that continues to manifest itself in society. The characteristic that defines the members of this group—attraction to persons of the same sex—bears no logical relationship to their ability to perform in society, either in familial relations or otherwise as productive citizens. Because sexual orientation is such an essential component of personhood, even if there is some possibility that a person’s sexual preference can be altered, it would be wholly unacceptable for the state to require anyone to do so. Gay persons also represent a distinct minority of the population. It is true, of course, that gay persons recently have made significant advances in obtaining equal treatment under the law. Nonetheless, we conclude that, as a minority group that continues to suffer the enduring effects of centuries of legally sanctioned discrimination, laws singling them out for disparate treatment are subject to heightened judicial scrutiny to ensure that those laws are not the product of such historical prejudice and stereotyping.

Maintaining the historical and traditional marriage norm [as] one between a man and a woman

This argument is straightforward and has superficial appeal. A specific tradition sought to be maintained cannot be an important governmental objective for equal protection purposes, however, when the tradition is nothing more than the historical classification currently expressed in the statute being challenged. When a certain tradition is used as both the governmental objective and the classification to further that objective, the equal protection analysis is transformed into the circular question of whether the classification accomplishes the governmental objective, which objective is to maintain the classification. In other words, the equal protection clause is converted into a “ ‘barren form of words’ ” when “ ‘discrimination . . . is made an end in itself.’

This precise situation is presented by the County’s claim that the statute in this case exists to preserve the traditional understanding of marriage. The governmental objective identified by the County—to maintain the traditional understanding of marriage—is simply another way of saying the governmental objective is to limit civil marriage to opposite-sex couples. Opposite-sex marriage, however, is the classification made under the statute, and this classification must comply with our principles of equal protection. Thus, the use of traditional marriage as both the governmental objective and the classification of the statute transforms the equal protection analysis into the question of whether restricting marriage to opposite-sex couples accomplishes the governmental objective of maintaining opposite-sex marriage.

This approach is, of course, an empty analysis. It permits a classification to be maintained “ ‘for its own sake.’ ”

Moreover, it can allow discrimination to become acceptable as tradition and helps to explain how discrimination can exist for such a long time. If a simple showing that discrimination is traditional satisfies equal protection, previous successful equal protection challenges of invidious racial and gender classifications would have failed.

Disingenuous Child Rearing Argument

Plaintiffs presented an abundance of evidence and research, confirmed by our independent research, supporting the proposition that the interests of children are served equally by same-sex parents and opposite-sex parents. On the other hand, we acknowledge the existence of reasoned opinions that dual-gender parenting is the optimal environment for children. These opinions, while thoughtful and sincere, were largely unsupported by reliable scientific studies

If the marriage statute was truly focused on optimal parenting, many classifications of people would be excluded, not merely gay and lesbian people.

The ban on same-sex marriage is substantially over-inclusive because not all same-sex couples choose to raise children. Yet, the marriage statute denies civil marriage to all gay and lesbian people in order to discourage the limited number of same-sex couples who desire to raise children. In doing so, the legislature includes a consequential number of “individuals within the statute’s purview who are not afflicted with the evil the statute seeks to remedy.”

If the statute was truly about the best interest of children, some benefit to children derived from the ban on same-sex civil marriages would be observable. Yet, the germane analysis does not show how the best interests of children of gay and lesbian parents, who are denied an environment supported by the benefits of marriage under the statute, are served by the ban. Likewise, the exclusion of gays and lesbians from marriage does not benefit the interests of those children of heterosexual parents, who are able to enjoy the environment supported by marriage with or without the inclusion of same-sex couples.

The Procreative Marriage Argument

While heterosexual marriage does lead to procreation, the argument by the County fails to address the real issue in our required analysis of the objective: whether exclusion of gay and lesbian individuals from the institution of civil marriage will result in more procreation? If procreation is the true objective, then the proffered classification must work to achieve that objective.

Gay and lesbian persons are capable of procreation. Thus, the sole conceivable avenue by which exclusion of gay and lesbian people from civil marriage could promote more procreation is if the unavailability of civil marriage for same-sex partners caused homosexual individuals to “become” heterosexual in order to procreate within the present traditional institution of civil marriage. The briefs, the record, our research, and common sense do not suggest such an outcome.

Potential Tax Loss

... couples who are married enjoy numerous governmental benefits, so the state’s fiscal burden associated with civil marriage is reduced if less people are allowed to marry. In the common sense of the word, then, it is “rational” for the legislature to seek to conserve state resources by limiting the number of couples allowed to form civil marriages.

Excluding any group from civil marriage—African-Americans, illegitimates, aliens, even red-haired individuals—would conserve state resources in an equally “rational” way. Yet, such classifications so obviously offend our society’s collective sense of equality that courts have not hesitated to provide added protections against such inequalities

Religious Opposition

Now that we have addressed and rejected each specific interest advanced by the County to justify the classification drawn under the statute, we consider the reason for the exclusion of gay and lesbian couples from civil marriage left unspoken by the County: religious opposition to same-sex marriage. The County’s silence reflects, we believe, its understanding this reason cannot, under our Iowa Constitution, be used to justify a ban on same-sex marriage.

While unexpressed, religious sentiment most likely motivates many, if not most, opponents of same-sex civil marriage and perhaps even shapes the views of those people who may accept gay and lesbian unions but find the notion of same-sex marriage unsettling
This contrast of opinions in our society largely explains the absence of any religion-based rationale to test the constitutionality of Iowa’s same-sex marriage ban. Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring government avoids them. See Iowa Const. art. I, § 3 (“The general assembly shall make no law respecting an establishment of religion . . . .”). The statute at issue in this case does not prescribe a definition of marriage for religious institutions. Instead, the statute declares, “Marriage is a civil contract” and then regulates that civil contract. Iowa Code § 595A.1. Thus, in pursuing our task in this case, we proceed as civil judges, far removed from the theological debate of religious clerics, and focus only on the concept of civil marriage and the state licensing system that identifies a limited class of persons entitled to secular rights and benefits associated with civil marriage.

I like how the judges basically call the reasoning of the opposition illogical, spurious, and offensive to equality.

Victory in Iowa!

2009-04-03T14:43:34Z

Iowa Supreme Court Strikes Down Equal Marriage Ban

I'm apparently down to one post a Month

2009-03-04T18:32:54Z

Sorry about that guys, I'm doing a bad job keeping you all up with me.

Somewhat to my shame I devoured the Twilight novels. I thought they were terrible, but couldn't put the down for some reason. I realized that they are basically just kiddy versions of the Anita Blake books.

Work is un-fulfilling, but it keeps me fed. I must try and do better and not be a slacker.

Roleplaying has been on hiatus for awhile and I would run something myself, but need more time than I have (free time is commandeered somewhat to level my paladin) and sleep needs to be added to the docket as well.

Daily grind as usual.

How are you folks?

A Very Important Bill Is Back Up In Congress

2009-02-05T20:16:24Z

Hey guys,

The Uniting American Families Act is back up in Congress again and there's something you can do to help. Please click on the link and follow the directions to call your representative and ask them to co-sponsor this bill. If it passes it will allow me to keep Toto in the country and not have to move to Canada.

A Platform of Change

2009-01-20T16:28:18Z

Today marks the inauguration of Barack Obama as the 44th President of the United States. Obama's campaign was built around a message of change. What changes would you most like to see in the next 4 years?

View 500 Answers

I'd like to see the overturning of Proposition 8, of DOMA, of Don't Ask Don't Tell, and all the other homophobic legislation out there. I'd also like to see the passing of the Uniting American Families Act and the Employment Non-Discrimination Act.

Go Biology!

2008-12-24T15:43:40Z

Terrible, No Good, Very Bad Day

2008-12-10T00:00:38Z

I officially give up on today.

Half our phone lines went down, disabling the phone in my office. I have to run back and forth between desks to get anything done.

Call phone company and have the calls to our main line forwarded to my cell phone. So annoying!

Cell phone runs out of batteries, so call phone company back to have calls forwarded to the (by this time) one remaining working phone line.

That phone line goes down, so we have calls forwarded to mom's cell phone. Thank all the little gods of telecommunication that our internet has held steady.

Credit card and fax line down all day so can't collect plastic money.

Hint of a headache so I lay down for a treatment and fall asleep as usual. Unlike the usual, however, when I wake up it's to a full blown headache. >_<

Weather has gotten steadily nastier so patients start canceling, appointments dropping like flies. This makes mom, who's been irritable all day, even more snappish. I get snarky, too. Not happiness. Very un-good.

I even checked, Mercury is NOT in retrograde.

I'll probably have to go shovel and salt again before I go home.

I need cuddles.