Right is Never Firmly Entrenched on Either Side PDF Print E-mail
Written by Byron Williams   
Thursday, 21 January 2010
Image Oakland and San Francisco currently find themselves at opposite ends on applying the U.S. Constitution.

A San Francisco federal court is convening Perry v. Schwarzenegger. This case is challenging the constitutionality of Proposition 8, which was passed by California voters that limits the definition of marriage to between a man and a woman.   The argument against Prop.8, which is one I’ have long held, it violates the equal protection clause of 14th Amendment.

Meanwhile, a number of Oakland residents are spending their time and civic engagement by attempting to have a 96-year-old man removed from the Paramount Theatre board of directors because they disagree with how he exercised his First Amendment rights.

Before the vote was taken at last week’s City Council meeting, Oakland Mayor Ron Dellums had the nomination of Lorenzo Hoopes and others pulled from reappointment to the Paramount Theatre board for further consideration.

Hoopes has served on the Paramount board for 20 years as well as the Oakland School Board for an additional 17 years.  He is also a member of the Church of Jesus Christ of Latter Day Saints (The Mormons).  
Leaders of the Mormon Church were vocal proponents of Prop.8, with many of its members contributing millions, and it was reported Hoopes was Oakland’s largest contributor to the Yes on Prop.8 campaign.

Let me see if I understand, a group of Oakland residents protested the appointment of a 96-year-old individual, who has given at minimum 37 years of public service to the city, because they disagreed with his position on Prop.8 and the mayor, at least temporarily, capitulated?

Please tell me there is more to this story.  What does serving on the Paramount board have to do with same-sex marriage?  Did Hoopes systematically block events he felt were too gay?

Holding up Hoopes’ reconfirmation based on how he used his First Amendment rights in a matter totally unrelated to his board responsibilities hardly sounds consistent with the liberal/progressive philosophy Oakland is known for.

Does that liberal/progressive philosophy only have vacancy for those who think in lockstep? It sounds more like a group who feels right is so entrenched on their side they are impervious to wrong.

Much of the public commentary in opposition to Hoopes relied on the predictable trite historical comparisons, void of any context, to validate their position.  

They were quick to cite Dr. Martin Luther King, but never got around to identifying the portion of the King philosophy that validated their desires to freely participate in the eye for an eye cesspool.

I understand the root of their frustration, but this in no way will change hearts and minds. If change is what they seek, it cannot be realized by the short cut known as revenge. Imagine if similar were done to someone who supported a progressive cause, would there not be accusations of fascism?

The other curious sidebar to this yarn is how the mayor acquiesced to their demands.  Frankly, I would be surprised if Hoopes was not reconfirmed to the Paramount board, but to merely hold up his confirmation for “further consideration” based on the existing reasoning is nothing short of overt pandering.

Reelection is the only reason I am aware that an elected official would pander.  If nothing else, I think it is a safe bet to conclude the mayor has not closed the door on seeking a second term.

For more than a decade I’ve publicly advocated my unwavering support for same-gender marriage.  But I cannot back this latest act of desperation that has opted for the same low road taken by many they claim to oppose.  

Opposing Hoopes’ reconfirmation has nothing to do with same-gender marriage; it has everything to do with revenge shrouded in a veneer of intolerance toward different perspectives.  I’m certain there will be emails that will seek to demonstrate how this case is the exception—historically a favorite tool of those who want to justify their particular act of injustice.

What message does it send if one can be removed from public service because they used their First Amendment rights to support something unrelated to their duties but to the dismay of certain constituencies?

This is a sad display of democracy.  Actually, its not democracy, it is more akin to the colloquial definition usually reserved for male cow manure.





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Comments (13)add comment
revbyron: ...
Max,

Thanks for your kind words. I enjoy engaging, how else can we examine the views we claim to hold? The only aspect that bothered me was the piece written in the East Bay Express that suggested I am caught in a 1950's time warp, when the author has recently praised my piece about the Mayor of Vallejo and he knew I was nominated for a GLAAD.

That said, I would share one observation. I frequently tell my church that none of us are in sole possession of "THE" truth. Even with this issue, I quite certain that my public support for LGBT at worst is at 96% approval. I've received death threats, had people dressed as Satan protest in front of my church during worship services for my stand on same-gender marriage. Point being, there was a time, probably still exist on some level, that if one disagreed with the thinking of African Americans it made them de facto racists. If I question the methods used by the LGBT community given my long unequivocal support (don't just take my word google it), one doesn't have to agree, but to make the leap that I somehow am not an ally seems a bit over the top. That's not necessarily your position, but that's always the danger when your goal is to change the hearts and minds of people who are comfortable in the status quo.

Peace and blessings,

Byron
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January 26, 2010
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Max Allstadt: ...
Byron,

It doesn't end. At least not in the case of political appointees. Such positions are inherently political. Power bases in any faction are free to pressure and manipulate the system in order to exclude or include people in these posts.

Also, I want to give you major kudos for being the ONLY one of the four bay area columnists who wrote about this issue who is also engaging in an active debate. The other three, Scott Brown, Chip Johnson, and Tammerlin Drummond, all simply stated their cases and walked away from active debate. The fact that you're engaging me says more about your commitment to free discourse than the position you've taken or the position I've taken. And for that, I salute you.
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January 26, 2010
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revbyron: ...
Max,

You don't have to sell me on the issue, its the only thing I've written about that's garnered death threats. I understand the frustration, I truly do, but you're advocating something that's specific to your feelings, but carries larger ramifications that you don't seem to consider-leaving you to sidestep my simple question: where does it end? What you advocate is just not as neat as you would like it to be.
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January 24, 2010
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Max Allstadt: ...
Hoopes didn't just vote for it.

Lorenzo Hoopes paid $26000 out of pocket and raised another $100000 more to pay for this: http://bit.ly/76zPRc

and this: http://bit.ly/a9GYb

That's why we're pissed.

Hoopes took a leadership position for bigotry. I think that disqualifies him from having a leadership position in our city. He answers to a mayor and a city council who answer to the people. If the people want him gone, he goes.
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January 24, 2010
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revbyron: ...
Max,

Heading for church so I have to keep it short. I never suggested that free expression means no action is taken, I suggested that the highway patrolman be given an administrative position. In that case there is a relationship between his duties and his free expression. Where is the relationship between Hoopes, the Paramount Theatre, and Prop.8? How many Oaklanders voted for Prop.8? Are they all banned from serving? You see it as Hoopes alone; and I see it as a dangerous precedent that has no place in our democracy.
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January 24, 2010
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Max Allstadt: ...
As for your piece from several years ago, I see two things.

One, you seem to be an absolutist about free expression. Integrity is there, so I'll drop my double-standard argument.

Two, that piece's argument works as absolutism, but ignores real world consequences. Imagine that trooper arrests a non-white suspect. Good luck getting a case through court with the arresting officer being an outed and avowed Klansman. No Sheriff wants a liability like that on his staff. No DA wants a liability like that in the courtroom. Also, police department contracts have all sorts of clauses about hate speech, and I'd be shocked if those clauses exclusively applied to on-the job speech.

It's also apples and oranges. Even if it wasn't an abomination to hire a Ku Klux Kop, that trooper wasn't a political appointee, he was a public sector staffer. Political appointees have always been held to a higher standard.

Do you consider libel to be free speech? Weren't some of the commercials produced with Mr. Hoopes' money arguably libelous against gay parents? One of those commercials featured school children attending a gay wedding. It used real footage of school children who's parents had consented to their attendance, but the Pro-Prop 8 commercial implied that no consent was given. That either slanders the children's parents, the school district, or both.

It's all rather messy when you strip it down to little components. But one thing I believe is absolute: ostracism and rebuke are forms of free expression. I'm as free to exercise them against Mr. Hoopes as he is to exercise them against the gay community. And I will exercise them, because outside of academic arguments about the definition of freedom, the messy little components force us to take sides. I've taken a side. I say he's a bigot and I say I want him voted out of his job. And I'm sticking to that.

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January 23, 2010
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revbyron: ...
Max,

Here's a piece I wrote several years ago

http://www.huffingtonpost.com/byron-williams/klansman-should-get-his-j_b_28439.html
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January 23, 2010
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revbyron: ...
Max,

There is slippery slope to your rationale that you don't seem to factor. It is commonplace to see our individual issue as the exception to the rule, but that often times justifies what would otherwise be injustice. Once you disqualify individuals for using their First Amendment rights, where does it end? You continue to ignore this point, which is central my piece. Since you are aware of my work, you already know where I stand on the issues you raise. But central to my work is what I define as public morality. This is to say how are we as a nation living up to the values that we signed up for, which are the Declaration of Independence and the Constitution. I don't have a problem philosophically with your position as much as I do with the implementation because it fails to factor the First Amendment. And the support for the Constitution must always be based not on what we agree, but can we support its meaning on the things we do not agree? Can we support the First Amendment rights of a bigot as much as we support those same rights for those we are aligned? If the answer is no then we've reduced the First Amendment to selective status.
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January 23, 2010
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Max Allstadt: ...
Byron,

Since when is tolerating intolerance an important value to uphold? Which intolerances do you put at a higher priority than others? Should the city of Oakland, for instance, tolerate a white supremacist on the Port Commission? Would we be intolerant if we tried to stop that? What if we tried to keep an anti-semite off the Planning Commission?

Go ahead. Tell me that trying to block either of those hypothetical nominations would be intolerant on my part. Tell me on record. I dare you.

Have you decided that being against marriage equality is a small enough intolerance that we should all tolerate it? If that is the case, I disagree. LGBT equality is a critical human right. Equality means equality in all areas.



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January 22, 2010
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revbyron: ...
Dear Max:

I did not cherry pick your argument, I restated my argument. If you read the piece, I wrote this is not about same-gender marriage; it is about intolerance. You find Hoopes' actions intolerant so you respond in the same manner. Would you support your method if it were done against someone advocating a liberal cause in a conservative area? I simply think this would be an unhealthy road to embark-it's not democracy.
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January 22, 2010
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Max Allstadt: ...
Byron,

You totally cherry picked my argument and chose one or two points to refute.

I'll ask point blank: Do you believe that being against equal marriage is just as bigoted as being against miscegenation? Do believe homophobia is more acceptable than racism? Do you believe that if Mr. Hoopes had funded a racist ballot measure that his suitability to serve would even be open for debate?

Again. The way we fight bigotry isn't just with the law. We cannot ban undesirable thought. We cannot ban undesirable speech. But by making open displays of bigotry socially unacceptable, we can actually create incremental progress.

By the way, I knew you had won a GLAAD award, I follow you on twitter and this article is the first one of yours that I've ever strongly disagreed with. I'm actually quite a fan. I am concerned, however that you are unprepared to agree that Mr. Hoopes' actions constitute bigotry.

This is actually quite simple. This man spent thousands of dollars on interfering with people's private lives. Now thousands of people are interfering with his public life. It's entirely fair.

He knew his political contributions were publicly disclosed. The state mandates these public disclosures specifically so that the people can know who's spending big money on which causes. This is because there's an equity issue involved. You may see Mr. Hoopes' actions as free speech. I see them as very expensive speech. The 500 people who are petitioning the Oakland City council to sack this bigot are the ones committing free speech.

It's not like we're beating him over the head with his walker. We're just calling him out. We're actually doing him far less harm than he's done to society. This is a slap on the wrist, and a warning to others: bigotry has social consequences.
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January 22, 2010
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revbyron: ...
If we take your analogy to its logical conclusion anyone who voted for Prop.8 cannot serve in Oakland. Could we then conclude that anyone who voted for term limits, three strikes, or Prop. 209 are also eliminated from serving because these values do not represent those the of vast majority of Oaklanders. Or is the basis of your criteria your subjective list? And what exactly are the values of the vast majority of Oaklanders as it relates to the Paramount Theatre board?


The problem I have with your assessment is that you are powerless to address the core of the problem, which is never before has a right been given by the court, and the people were given a mulligan to vote again. Your focus on Mr. Hoopes blinds you to the implications of such actions.

As far as giving me lectures on Prop.8 and equality I strongly suggests you google Byron Williams with Prop.8, same-sex marriage, and GLAAD awards.

Best,

Byron

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January 22, 2010
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Max Allstadt: ...
The reason Mr. Hoopes should not represent Oakland on the Paramount Board is simple: his values don't represent those of a vast majority of Oaklanders.

One of the ways we can gauge the progress of minority rights is to watch for the moment when society no longer tolerates openly spoken bigotry. Throughout America, people who openly espouse racial bigotry find themselves shunned and relegated to the lunatic fringe. It wasn't like that 30 years ago. 30 years ago, openly spoken racism was tolerated in some regions, and not in others. So we've made progress.

In order to make progress on LGBT rights, we must create a climate where anyone who is openly biassed against gays and lesbians faces similar consequences. You wouldn't tolerate Mr. Hoopes' speech if he spoke in favor of a law banning miscegenation. If he had taken that stance, he'd be dismissed as crazy, and no one would blink at booting him from a city board. How is being against gay marriage any less bigotted? It's just a matter of timing.

Further, we have to question the man's priorities. Oakland has an atrocious youth violence problem. We have rampant poverty. We have failing schools. Mr. Hoopes had $26,000 disposable dollars and he chose to spend it on none of these problems, instead focusing his efforts on enshrining bigotry in the California Constitution. A man with priorities so ludicrous does not deserve to represent the citizens of Oakland on any board.

Lastly, being 96 isn't an excuse. I don't care if he's 108. It just means that he's had longer than most of us to learn to be tolerant, and he's failed. My own 98 year-old grandmother lives in southern california and when she went to the polls last November, she proudly voted no on prop 8. Being old neither makes you a bigot, nor does it excuse bigotry.

And don't tell me that opposing marriage equality isn't bigotry. It is. Equality means equal rights to everything. Any other paradigm is bigotry.
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January 21, 2010
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