Marriage in Iowa

An Iowa Court ruled that same-sex couple can marry. The ruling was based on equal protection. Before Iowans jump for joy, I must disclose it is a district court decision--meaning appealable. The Court also struck down an Iowa law that decreed a marriage could only be between one man and one woman.

Because I have no connection to Iowa or have much of a sense of the judiciary there, I cannot predict what will happen to the case as it inevitably makes its way through the appeals process. For at least a minute, though, Iowan gay couples get the same civil benefits as straight married couples. The fact that this is accomplished by calling the union a "marriage" is just gravy.

Aside: On the Federal side, I think the only thing the government needs to do is recognize gay couples as equal to straight ones. So far as I can tell, the department that needs to do so most urgently is the Department of the Treasury. Especially once the estate tax comes back. Yes, once again, it all comes down to money for me.

UPDATE: Kip has a much more detailed analysis of the court decision than I will ever do here. First off, the decision is 63 pages long. I'm now a third year law student with a job (read: coasting), so I'm only going to read the decision if I'm paid to.

A little more common than I realized!

A humorous parody of Sen. Craig's embarrassment, from Anonymous Lawyer:

I was in the restroom today and I saw an associate in the stall next to me wiggle his fingers under the partition between stalls. I ignored it, like I do whenever associates do anything besides work. He did it again. I thought maybe he was holding his hand out for an assignment, thinking perhaps I'd brought one with me to the bathroom. It turns out I had. I took the papers from my pocket and put them in his wiggling fingers. Then his foot crept under the stall and rubbed against mine. He wanted more. So I reached into my other pocket and pulled out a credit agreement. I scrawled at the top, "Proofread this," and slipped it under the partition. He took it. Forty minutes later, the completed assignment and proofread credit agreement arrived on my desk. Well done. Associates bold enough to ask for assignments in the bathroom are acceptable in my book.

But not everyone sees it that way. See, this associate was already working for another partner. And it's not entirely within the normal protocol for an associate committed to one partner to be looking to engage with other partners, especially in the bathroom. And especially from a completely different practice group. There are rumors he's done this before. There are a number of different bathrooms in the office designated as "work bathrooms," where there are outlets in each stall for laptop computers, fully functioning wireless, a printer, and a secretary on duty at all times. While these bathrooms function as normal bathrooms throughout the day, everyone is aware that work does go on there, especially in the corner stall. So an especially eager associate can cruise these bathrooms throughout the day and, if he's lucky, find an extra assignment or two. These may not be the best assignments the firm has to offer, but they allow some exposure to new partners and perhaps enable connections that will help the associates down the line. Most associates don't talk about their secret bathroom rendezvous. Somehow the bathroom assignments are considered dirty, illegitimate, cheating. And some associates, over time, get a reputation.

What ends up complicating matters is that most associates don't like it when one of their own is begging too hard for these bathroom opportunities. They don't like to see someone stand out, meet new partners, and put themselves in a position to move ahead. So once an associate gets a reputation for cruising the bathrooms, he puts himself at risk for vigilante justice. Associates who aren't into the bathroom scene corner their colleagues, rough them up a little bit, steal their copies of the tax code. It can be an ugly scene. But it's not my job to police the associates. In a way, I like to see associates take matters into their own hands. And I like that it means that associates who want the bathroom assignments know they're taking a risk, but they do it anyway. Their impulse to do as much work as they can, their impulse to impress as many partners as possible, their raw biological impulses are so strong that they're willing to put their bodies (and tax codes) at risk for it. That's the kind of dedication I like to see. The kind of commitment that makes me proud to work at a place like this, and proud to see an associate's fingers wiggling under the bathroom partition and give him exactly what he deserves. To put that thick, hot-off-the-printer lease agreement right in his hands. Makes me proud to be a lawyer.

Why I'm Not Buying Free Health Care, Part 3

Perhaps I already have--just not on purpose.

I found an interesting set of statistics in the book Non-Profit Organizations: Cases and Materials (3d ed. 2006) by James J. Fishman and Stephen Schwartz (I'm using this book for a school project; an online version doesn't seem to be available, sorry). Health care is the single largest sub-sector in the service providing non-profit sector (service providing excludes religious organizations), absorbing 60 percent of non-profit revenues and 25 percent of charitable contributions. Fishman & Schwartz at 22. Further, hospital care represents the single largest component of health care in the United States. Id. at 24.

Now here comes the interesting part: the break down of Hospital Care. Non-profit hospitals comprise about half of all hospitals. Id. Non-profit does not mean not profitable, but rather tax exempt and prohibited from distributing profits. Id. at 3. So for those non-profit hospitals that do earn a profit (not all do!) those revenues must be reinvested into the provision of services rather than distributed to owners. There is no investment incentive in a non-profit; revenues must come from fees for services, government grants or charitable contributions. Id. at 18.

The second largest group of Hospitals in the U.S. are government hospitals at 31 percent. Id. at 25. Government hospitals mean run by a governmental authority, mostly at the state and local level. Id.

Then for-profit hospitals are only 19 percent of all hospitals. Id. And they seem to be smaller as the account for only 14 percent of hospital beds. Id.

What does this all mean for this debate? On the one hand you might look at the numbers and say, "See, Pink, the market doesn't need to regulate health care; as you said quality is great. Such great quality is delivered without a significant market incentive for investment! Let's socialize that pesky 19 percent!"

On the other hand, you can just as easily say (as I will, predictably), "Perhaps many of the ills in our health care system, such as lack of access, are created by the lack of market incentives for the majority of hospitals."

Discuss!

Another Republican Sex Scandal

We aren't talking Foley proportions, but another Republican, this time a Senator from Idaho, was involved in something that may be, uh, inconsistent with his voting record. Apparently Senator Craig was arrested for lewd activity in which he was allegedly soliciting sex in an airport bathroom (ew). He plead guilty.

Why bring this up, it's just another scandal, and a relatively small one at that? He paid a $500 fine and his 10 day jail sentence was stayed. In the course of human events no one really cares.

Well, some people might care, since Craig has a predictably dismal voting record with regards to gay and lesbian issues (according at least to the HRC, the be all and end all of gay and lesbian policy positions--thank God we have them to tell us what to think). So it's easy to get smug and shout "hypocrite." That's a rather appropriate reaction, but that's not what I want to talk about.

Over at Sully's blog a guest blogger expressed some guarded sympathy for deeply closeted gays and lesbians. The blogger then noted that his sympathy does not extend far enough to accommodate those closeted gays and lesbians who, in order to protect their "shameful secret," are openly hostile to other gays and lesbians. Particularly those who are in a position to influence national policy. Fair enough. When I hear these kinds of stories I sort of feel something similar, a mix between pity and disappointment.

Don't get me wrong I am trying to defend his record at all. Instead, I am just noting that it must be awful to be someone like that. Really, all I can say is that thanks to some close friends and this blog, I'm grateful that in 40 years I will not be another Senator Craig.

Better late than never

Gonzales finally resigned. That is not to say that I have changed my opinion about the whole U.S. attorney thing (I still think it was a manufactured scandal-farce). But so long as he stayed around, scandal loomed over him. Also, it's not like he was otherwise non-controversial. Gonzales had almost no credibility as attorney general.

So first Rove, and now Gonzales. I am starting to get a feeling of And Then There Were None.

What am I doing?

I am taking environmental law this semester. This may surprise you; it does me. Of course I could be cynical and say "I need to know the enemy [in this case burdensome environmental regulations]." That's not really it, though. It's about the Professor. You can practically smell the leftwing on her, but nonetheless she is engaging, smart and has a sense of humor. Most importantly, not only does she tolerate me in class (I've had her before), but she actually values that I often have a divergent point of view. Weird, huh?

Anyway, I am bringing it up because right now I am reading my first assignment for that class and my eyes are rolling out of their sockets. I'm reading about the dark years (as far as I am concerned) of 1965-1980 when the regulatory state started gaining real momentum. Siiiiigh.

PS sorry about my delinquency in blogging. I've been getting settled in at school.

Update: The class got off to a great start. In the first few minutes the professor picked on me a bit for being the "cold, economic type." Then she contrasted me with other students who may be of the radical "trees have feelings" variety. It's fairly clear that I can be relied upon to voice a viewpoint that few others interested in environmental law might hold.

Last date Lowdown

After an unexcused absence I am finally ready to tell you about the last date of the summer. I met Chris at my city's primary gay bar the week before I left for my trip to visit Karen. He bought me a drink [[we made out]]. Anyway, we texted a bit for a week, and then when I got back we arranged our date.

Chris is a "paramedical esthetician," which I think means "pretend plastic surgeon." He works for a real surgeon, and I get the impression Chris can use needles and lasers, just not a scalpel. Botox but not breast implants, and so forth. Of course I have no idea. Nonetheless, he seems to do well for himself [[I didn't have to pay!!]]. Chris is slightly nellier than I tend to prefer, but since he has a professional (mildly?) job, I was able to overlook that. I think I am becoming something of a career queen (surely there is such a thing?). Did I mention he paid [[I'm two steps away from being a prostitute, boy toy, second husband]]?

I arrive at his condo (he has equity! Swoon!) and I call to tell him I'm in the lobby. Turns out he's not ready yet, but buzzes me up anyway. Turns out his view is gorgeous, and I spent time out on his balcony as he finished getting dressed (nothing scandalous here--he did so in his bath and bedroom). Shortly thereafter, (though still after a surprisingly long time) we are on our way to a Vodka Bar [[not really a gay bar, but practically one]].

He has a Cosmo; I have a Vodka Tonic [[I am the more butch of our pair]]. We both eat Salads. Eat drink talk eat drink talk. Learning my lesson I do not disclose that I hunt the poor and minorities for sport [[am a Republican]]. We talk about work and theater and other such stuff. Eventually I learn that Chris considers himself a movie buff [[he follows the Oscars closely but has probably never heard of, say, The Seventh Seal. Not that I judge him for that, I mean, who likes Swedish cinema?]]. Chris was quite surprised that I had not seen The Queen yet. Several drinks later we decide to go to his condo to watch that film.

I still have not seen The Queen [[ ;-) ]].