this past sunday i decided to bite the bullet and take an LSAT practice test. i don't know if anyone has participated in practice testing in preparation for a big exam, but let me tell you--make like nike and "just do it." these things are like time shares for students. you go in with a bunch of like minded people on the quest for handouts. the company hosting you gives you all sorts of free stuff. in the case of testing: you gain familiarity with the test structure, you find out the endurance required to take a long test, and you get to gauge at what level you are and what level you need to be. In return, the hosting company is banking on the fact that a percentage of all people that come through its doors will hand them a fist full of cash to take their preparation course. everyone walks away with something--i walked away with a backpack full of granola bars.
ultimately, i also walked away with some profound life lessons:
1) NEVER drink a tall coffee and down an orange juice right before sitting down to take an epic, timed-test. either that, or invest in a stadium buddy. however, you may want to take a page from david sedaris and employ this device while taking a practice test. you'll never know whether you can micturate while filling in test a bubble unless you do.
2) my score was just a handful of points below the average cornell law student score. The breakdown of the score stated that I am logically above average compared to most lay persons, but slightly below average when compared to competitive law students. ultimately what this means is that unless you're a competitive law student, i'm winning every fight.
3) i don't need to take a prep course. which is great, because i would have needed to sell an kidney in order to afford that $1300.00 price tage. way to dodge a bullet, shanny!
all in all, it was a worth while experience and i am confident that i will do well on the june 11th lsat test. if not, i will clean out my savings account to buy a pair of fire proof underwear and finally realize my dream of fighting dragons.
Tuesday, February 27, 2007
lackadaisical LSAT liasons
Posted by
manic hispanic
at
10:27:00 AM
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Tuesday, February 20, 2007
sicky shanny
Just so you all know and feel sorry for me, i am SICK! i am plagued with allergies and they make me ill enough. however, it is very rare that i actually catch a cold. i'm usually too busy having sinus/respiratory infections for the common cold. but, somehow it caught me--or i caught it as the case may be. Though, i wasn't even trying to catch anything in the first place. so, i'm sticking with the "it caught me" story.
at this moment, i am currently upset with life and not speaking to it. once life apologizes to me for giving me a cold, i will fill you in on my misadventures in Family get Togehter land.
i'm going to go rest my leaky body before my next class now.
ciao for now!
Posted by
manic hispanic
at
10:38:00 AM
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Friday, February 16, 2007
snooze fest and a song
It was a long, long bus ride to the airport. Both the 174 and the 194 go from downtown to the place with the planes. I knew one of them is fast and the other is slow. however, i could not remember which was which. so, i got on the 1st one that came--the 174. incidentally, it's the 194 that's the quick one.
Once at the airport, security was a snail's pace--as per usual. Then there was a gate change, gotta love that, right? oh and the flight was over booked. so, we were packed in there like sardines. I was stuck in a row next to two raw jocks in training. totally awesome!
but i can't really complain. my bag was one of the 1st ones off the belt. and well, it actually arrived. which is more than i can say for the last time i flew alaska air.
Anyway, now i'm here in Pico Rivera, at my aunt's house. My dad, brother, and his girlfriend (lady crochet) arrived tonight as well. We're full of greasy mexican food and watching POPEYE. it doesn't get much better than this.
see you all in the morning!
Posted by
manic hispanic
at
2:00:00 AM
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Thursday, February 15, 2007
S.A.D. recap
Sadly, I did not have time to learn a new alphabet. I did not take into consideration the fact that I had school and work when I formulated this aspiration. However, I did sport the colors. SEE?! (Just so you know, I knit my top.)
Two of my favorite friends in class also sported the colors with pride. One of them even made me Single Awareness Day flowers.
Work was a total snore and I spent a good portion of it Blogging for Hilltop Yarn. For lunch I ate at the Macrina Bakery for the first time. It was way yummy. If you've never been I suggest you go. The food is amazing and they make a mean cup of Joe.
After I got off work, I walked home and then to heart of the Ballard neighborhood. By that point, I was quite famished. Good thing I was having dinner cooked for me by the lover I've recently added to my collection. Harpo made portobello mushroom caps, salad, green beans, AND mashed potatoes. As well, there was cheesecake. It was all so delicious. He really out did himself and proved his good listening skills. He made all my favorite foods! If after a week of dating, he knows a decent portion of the things that make me very happy, I'd say he's paying attention to me and is worth keeping around for at least a little bit.
Anyway, I didn't get the homework or packing done that I had hoped to. I allow boys to distract me a little more than I should. Though, I would say in retrospect it was worth it. I had quite a lovely Single Awareness Day.
I hope you did, too. Now we can all get on with out lives and tune in to our regularly scheduled Black History Month
Posted by
manic hispanic
at
2:17:00 PM
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Labels: holiday celebrate, single awareness day
Tuesday, February 13, 2007
An Anti-Valentine's Dissertation
the worst day ever, guess which one? V-day, 2001.
I was on the verge of hair catastrophe--literal catastrophe! like I am so not even kidding. I could go into details, but I am assuming you care even less to hear about it than I care to tell you about it. at any rate, the only answer was surgery. it had to come off. keep in mind, I hadn't had short hair since I was 10 and let my drunk uncle give me a "trim." short hair was a devastating idea for me, but I had to face it. when they wheeled me into the recovery room and let me look at myself, I was devastated.
I needed to self medicate, so I went to the mall. I picked out my v-day outfit: cute black, cap sleeve shirt with an even cuter red, knee-length skirt. Still not hyped on the hair. So, I did what any rational gal in my position would do, I bought a red sparkly headband. yay!
well, the night was upon me and it was seriously cold. My thought was pants! pants under skirts were way in style back then. So, I put black pants under my red skirt. way cute! next challenge to conquer--flippy faux sideburns. my hair had been long for so long, I’d forgotten that it was curly. the flippies would not be subdued, so I stuck the headband on and convinced myself of my undying cuteness.
the doood comes over--we'll call him bahama-vention.
guess what the 1st thing he said was? I’ll give you a hint. it wasn't happy valentine's day. not I love you. not even hello. it was: "what's wrong with your hair?" on the way to the restaurant, Los Dos Molinos, he made a comment about my outfit being embarrassing and some other ass facey comment. I had expectations of a good evening. included in those expectations was not the idea that I’d be crying before I set my foot on pavement. so, I told him we could have a nice meal or he could continue to be an asshole. he opted for nice dinner.
while we waited for a table a handful of random strangers came up to me and complimented me for everything bahama-vention had insulted me for. it was sweet bliss. I grinned to myself. a couple weeks later, I went on a date with an ex-boyfriend and bahama-vention and I broke up.
From that day forward I vowed to never celebrate v-day again and I’m sticking to it.
so, now let's nevermind that I am having dinner with a man that evening. it is not for v-day. in fact it is only because we're both going out of town on Thursday.
So don't give me no crap!!
Posted by
manic hispanic
at
9:36:00 PM
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Labels: holiday celebrate, single awareness day
Saturday, February 10, 2007
Death to Cupid
Well I want everyone to close your eyes, take a deep breath and reflect. Think about what you were doing this time last year and now think think about what you're doing right now--thinking about how you haven't gotten your lover a gift! Ok. Great. Have I got your heart good and pumping? Well, relax. It's not too late to purchase something meaningful for your loved one(s). However, it will be soon--very soon. So, don't put it off until wednesday. I promise you'll regret it.
If you are in the "do-gooder" boat that really wants to woo mr/ms/mrs/miss with something special, I have some tips for you. I have been watching a lot of television this month, so I know what I am talking about here.
so, without further ado. Here they are:
The Manic Hispanic's Top 10 Tips for a Successful V-Day!
Tip #1: No expensive jewelry. Actually. No jewelry period. This is the worst idea ever and I'll tell you why. One word--ANNIVERSARY!!! If you do jewelry on v-day then you have to one-up-yourself on the important relationship milestones! So do yourself a favor and low ball this one.
Tip #2: chocolates and flowers are trite, but safe. If you don't want to rock the boat, stick with this one. However, if you do want to rock the boat buy something practical that they would never ever buy for themselves, like a belt or an electronics adapter. I guarantee sparks will fly.
Tip #3: Pajama Gram and Vermont Teddy Bear--don't even go there. If I have to repeat myself I will rain fire and brimstone upon everything you hold near and dear. Trust me and just don't go there!
Tip #4: buying sexy underwear intended for your partner's use is inconsiderate at best. "here, special lover. i bought you a gift to put on and prance around for me, while i drink a beer and pretend to be interested. do you like it?" However, if you must buy sexy underwear--wear it yourself and strut, strut, strut!!
Tip #5: Don't give away cards written by someone else. You're better off not giving a card at all!
Tip #6: Don't listen to me. What the hell do I know anyway?
Tip #7: Romantic is a picnic and slow dancing at the space needle--not dinner at the olive garden.
Tip #8: Turn your phone off for the day. You wouldn't believe how nice it is to have someone's undivided attention for a day--even if it IS the worst day of the year!
Tip #9: No cliches. Try to be genuine for a day. It will only sting for a second.
and lastly...
Tip #10: what ever you do NO SCENTED CANDLES!!! worst gift ever.
Now see, doesn't Single's Awareness Day seem much better than this? You don't have to worry about any of this crap!
Happy Day to all!
Posted by
manic hispanic
at
9:44:00 PM
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Labels: holiday celebrate, single awareness day
Sunday, February 04, 2007
he tried to kill independant shanny
So, the other night I went out with Sasha Wigglesworth. We started out by going to Walgreen’s and buying painfully domestic items making us look like lesbian life partners—especially considering that I was carrying her toilet paper around the store and she was buying medicine for her cat. I felt like yelling: "we're only lesbians from the waist up!!"
Then, we went to some hole-in-the-wall, dive bar. I ended up drinking a little much, as it is what I do. I also ended up dancing a bit, as that is also what I do. When the bartender laid down the law, and by that I mean the "it's 2 am, get out of my dirty bar" law, we decided we absolutely needed pizza. We went to QFC. We picked up two cheese pizzas, muchos chips and ice cream. This seemed like the best possible idea. YAY!
We took are smorgasbord of crap to Boz Scabs’ apartment. While we were there, this boy kept insisting I sit by him. For the sake of this conversation, we will call him Cap'n Underpants. So, Cap'n Underpants kept putting his little boy arm around my man eater shoulders and whenever I tried to talk to my friends, Cap'n Underpants kept pulling me back under his chicken little wing. I'm an enthusiastic gal—incidentally, not so enthusiastic about a tether. For cripe's sake! I'm a person, not a bird of prey! During the course of the evening he asked if I was "taken." I replied "no. I don't get taken" and he said that was surprised that a great gal like me wasn't "taken." this was all too juvenile for me to take in all at once. I didn't know from which angle to attack it.
First, there was the Cap’n’s choice of words. Why the hell do I need to be taken? This implies an element of ownership that I am just not comfortable with. It’s not like I’m a really nice handbag that you come across at Value Village and think: “geez, why isn’t this taken?”
When we're not taken, are we really always looking? That doesn't seem like a productive way to live and appreciate life. If I were actually taken, then I wouldn't be able to get drunk and make out with strangers! And, as we all know, this is my life's work.
Also, does the fact that I am not owned by anyone make me a less great gal? Because, in case you need me to tell you, I am a very great gal! I’m so great, I've got greatness spilling out of my butt!
Then there was the fact that it all felt so high school. "Are you taken? No. And you? No" BAM!! True love! yea. I don't really think so.
I'm not really sure what he was thinking, but I'm quite sure I would probably crush him.
I don't need empty proclamations about me being awesome. I know I'm awesome! I'm my number one fan. What I want to hear is insightful evidence of what makes me awesome. I don’t need to be convinced that I’m fabulous, but I need to be convinced that this fact is fully understood.
I also know that one could never hope to comprehend and embrace all of my complexities in one drunken evening. Anyone who attempts this will always seem patronizing. That's my rule
However, the most compelling reason why I could not find it in myself to jive with Cap'n Underpants--it's too close to Single's Awareness Day! I look forward to this day every year and he wanted to steal that from me. He wanted to try to make me celebrate VALENTINE'S DAY! How dare he?!? Independent Shanny would be crushed; she needs this day.
This is the most significant reason why I had to wriggle myself out of his vice grip and get the hell out of dodge. It was the most liberating hung over bus ride ever!
This event has given me the feeling that this month will be a battle for my soul. I'll have only my cunning to protect me. I'll have to be on my toes, but I think I can thwart any evil attempt at evasive charm tactics that I may encounter.
So far the war tally is BOYS: 0 SINGLE'S AWARENESS DAY: 1
Evil doers beware! In this mission, failure is not an option
Posted by
manic hispanic
at
11:08:00 PM
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Labels: holiday celebrate, single awareness day
Thursday, February 01, 2007
heartache or toothache?
Well, it's that time of year again. the time when all the couples in the world pair up and forget the existence of all other human life. actually, my truthiness statistic shows that nearly 90% of all couples break up on or around Valentine's Day. If you have not experienced this phenomenon, then you're dodging a bullet that surely cannot be dodged for much longer.
My point? I find it better to celebrate a different holiday than the violent, fat, naked baby holiday pushed by greeting card and chocolate companies. What's the holiday you ask? Why it's Single's Awareness Day! On this day you will find me in neither pink nor red, for the colours of S.A.D are navy and chartreuse.
How do you celebrate this wonderful holiday? Another good question.
My suggestions include:
1. name a pinata after an ex-partner. the difference between the pinata and your ex is that there is actually sweetness inside a pinata.
2. for every nice thing you say to a single person, say 5 not-so-nice things to that obnoxious couple ahead of you in line for [insert errand here]. you know who they are: "no i love you more, schmoopy." (or just go out of your way to do something really nice. like when you're buying your local homeless-run newspaper, like i know you were already planning on doing anyway, give them an extra dollar.)
3. fly a kite and/or catch raindrops on your tongue (these are climate-based suggestions).
4. get a foot and/or hand massage. whether you're a man or a woman, your hands and feet work hard and deserve it.
5. replace one green vegetable in your meals with dessert all day, and if you were already planning on eating dessert--double dessert
6. just get rid of that box of letters already!
7. part your hair on the opposite side, so you can see how you look to other people.
8. learn the alphabet in a foreign language (or learn the alphabet of your native tongue)
9. try a new food you always thought you would hate, but this time do it pretending you've always thought you'd love it. (this is especially good for people IN relationships to do w/o their significant other. this is good because there isn't anyone there to say "i knew you'd like it!" it can be your little secret).
10. get ridiculously dressed up and go to the grocery store. you'll feel like a celebrity--everyone will stop and look at you.
the great thing about this holiday is that you don't actually have to be single to celebrate it. just like you don't have to be African American to celebrate Black History Month, which I might add is this month as well. You just have to be willing to spend a consumer holiday not being a consumer whore! instead, grab a pal (your Single Awareness Partner) and do whatever fills your fancy--you know you want to!
Let me know if you want me to be your S.A.P., I'll be learning a new alphabet.
xo
Posted by
manic hispanic
at
11:17:00 PM
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Labels: holiday celebrate, single awareness day
Tuesday, January 23, 2007
Caller information withheld. ...
Anyone who is formally acquainted with me knows that I do not answer the phone unless I recognize the number calling. This rule especially applies to calls that read as caller unknown or withheld. Last night I got a call from a withheld party. The loud and nagging voice in my head said: "DON'T ANSWER!!!" The complication of this scenario is that last night I had a dream that my brother was involved in a "knife fight." So the insane voice in my head really believed it could be my mother calling to tell me that my brother was rolling dice in an alley and, after being accused of cheating, it erupted into a full-blown, west side story knife fight. Afterall, my mother does have an unlisted number. I know how ridiculous this all sounds, but in the few seconds that it took for me to answer the call this is the conversation that played in my head. Anyway, the insane voice won this internal argument and I answered the phone.
There was a male on the other line who said "hey sexy." i didn't recognize the voice either, so i got paranoid and immediately asked who it was. In disbelief this person asked if I actually had multiple people that referred to me as "sexy." Naturally my reply was "of course. now tell me who this is." he said it was more fun this way. my response was that it was more fun for me if i know "with whom i am speaking." He then proceeded to say unnecessarily obscene things
Needles to say, I don't participate in such conversations. So, I just hung up.
I don't mean to make myself into a victim without reason. However, it is instances like that, though brief, that are quite violating and have the potential to be disempowering.
Moral is, I will never answer a call again if i don't see a name pop up in my caller ID. So, if I don't answer your call it is because I don't have your number in my phone. so, leave a message and i'll call you back and add your number. This way I will answer your phone calls in the future.
thank you for your co-operation
Posted by
manic hispanic
at
6:57:00 AM
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Wednesday, January 17, 2007
Who are the 2 most handsome men in Seattle?
These Guys. ...
The boys of Manchester have a show coming up! It's at the Q Cafe on Friday, Jan. 26th @ 8pm.
I pity the fool who doesn't go to this show!
Who wants to be my date?
xo-shanns
Posted by
manic hispanic
at
7:37:00 PM
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locker rooms, sandwiches and recording devices
Though I attempted to procrastinate out of any obligation I had today, I actually made it to the gym. I wish I could figure out a way to lose weight without sacrificing my favorite meals and having to get sweaty. However, that is not really possible so I put my big bottom on a stationary bike and read about the lives of mexicano and mexican american migrant workers. then, i did a light leg workout and faced my least favorite part of the gym experience--the women's locker room.
I know I have ranted about this before, BUT i always have more to say about this especially loathesome place. I will never really understand why exactly that place is so naked, but I'm just a prude. I understand a little when it's hot. Sweaty workout, sweaty locker room--no clothes. but why when it's cold? and women seem to put the bra and top one and do everything else they need to do before they put undies and pants on. i really don't understand that. and if anyone does, please don't explain it to me. i like my ignorance on this one. Then what baffles me to know end is why these panty-less women think it's ok to sit their bare bottoms on the bench?!?! I know these people aren't putting their bare bottoms on toilet seats. so, why are they putting them down next to my water bottle where i am trying to tie my shoes? are they trying to tell me they want my mouth and/or foot on their bottom? cuz, neither my mouth or foot want that. I gritted my teeth and screamed on the inside while I laced and tied quickly and bolted. As I was making my escape, I rounded the corner and saw one of my professors. I thanked my lucky stars that I saw my FULLY CLOTHED professor. I would have totally had to drop the class if I had seen her nipples. I can't focus with that sort of intimate knowledge of a person. I dodged a bullet there.
After that I marched my sweaty tookus to the Ave, got a Vietnamese sandwhich from Thanh Vi mmmm... best sandwich ever. THEN, I got the coolest toy! YES! That's right--a digital voice recorder! super excited to start playing with this, recording random stuff and boring lectures!
YAY! YAY! YAY!
Posted by
manic hispanic
at
6:47:00 PM
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Tuesday, January 16, 2007
d-d-dance and go crazy
This Saturday was the most fun I've had in quite awhile.
However, it did not start out so fun. I walked up to the bus stop, not the bar, but the actual bus stop. Which, I might add, is up an atrocious hill that is especially nasty when it is covered in slippery ice. I waited for the bus for what seemed like an eternity. In all honesty, I beleive I waited all of 5 minutes. The snow and ice as of late apparently make 5 minutes seem like an eternity. I was happy that I caught a 44 that becomes a 43. yay me! Unfortunately, I lost a glove on the bus. I feel a little bad since I borrowed the pair of gloves from the Hilltop Yarn lost and found. I don't normally dip into the box, but my hands were derned cold that day!
Anyway, I digress. I got off the bus full of hunger. I marched over to Hot Mama'a Pizza and got the most disgusting slice of pizza I have ever eaten there. Incidentally, it was still pretty decent. Then, I hopped over to the The Bus Stop to meet up with Jeffy Cakes. We had a couple drinks to kill some time and some liver cells. We then proceeded to the LoFi for some good old-fashioned soul dancing.
It was such a blast. I was high intensity booty shaking for about two solid hours. I was like Tina Turner at the climax of Proud Mary for those hours. I danced my ass off! Though, not literally--unfortunately.
The night ended with me and my lover reuniting over nachos and a long anticipated cab ride home. The next day I was sore all over and it was so worth it!
A BIG thank you to Jeffy Cakes for taking me out on the evening that will go down as one of my funnest nights ever! and to anyone who says they don't want to go dance with The Shanny Pants, I say think again, my friend. For a blast and a half is to be had whenever and wherever I step onto the dance floor.
ciao
Posted by
manic hispanic
at
9:38:00 PM
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Labels: being fabulous, holiday celebrate
Monday, January 08, 2007
holy knit!
So, I am normally the lamest knitter on the planet. I blame it on my fear of commitment. It really may lie in my inability to sit for extended periods without falling asleep, selective narcolepsy. This has made a career in office jobs not an option. boo hoo.
anyway, when I woke up sunday morning, this is what my sweater vest looked like. ...
By the time i began my getting ready for bed ritual, this is what it looked like. ...
Go me!
This is the Julia vest from the Nashua Study book. I, however, am using the Debbie Bliss Cashmerino Aran instead of Nashua Julia. It is much softer and I am head over heels over the new colors that came out this fall. I have never worked with the yarn before and i must say it is like butter. My stitches are looking so beautiful and I'm attributing that mostly to the yarn itself than to my claws.
also for the record, my knitting claws are killing me. unfortunately, I may not be able to pick this gem up again until next weekend. sometimes school just ruins my life. At any rate, I'm hoping to have my vest done by the end of next weekend. or at least close enough to being finished that i can round up in my conversations.
xo
Posted by
manic hispanic
at
12:44:00 AM
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Labels: knittin
Wednesday, January 03, 2007
knitacular fingerless gloves
This is the fingerless gloves pattern by Blue Sky Alpacas. They were knit in the alpaca royal. They are super soft and uber warm. I am the world's slowest knitter and these went up in a flash. Also, the pattern itself is very forgiving. I made a couple errors. While I know about where they are it even takes me a minute or two to find them when i am trying.
Come into Hilltop Yarn to see them for yourself. I'm sure I'll be wearing them every chance I get since I love them so.
see you soon!!
xxoo
Posted by
manic hispanic
at
9:10:00 AM
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Labels: knittin
Sunday, December 03, 2006
my 1st "A" paper
This is one of two paper that I received back on the same day. This one is a persuasive paper about what the legal status of same-sex marriage SHOULD be. The other paper was about shopping malls as gendered spaces of consumption. That one was 10 pages, so I will spare you that. though, i must say it is a good one. Usually I am out the gate with a good stride and lose some momentum by the end. In this paper I really think I finish as well as I start. Anyway: without further ado:
Same-Sex Marriage:
This Generations Miscegenation?
Marriage has been litigated in the courts as long as America has been independently ruled. Through the tides of legal action the idea of marriage has evolved, leaving behind the notions of its inception to become what it is known to be today. Prior to 1967, it was considered against God’s law for “white” persons to commingle with people of other racial identities. By means of time and litigation this sentiment has changed. At present there is a new union under attack—-same-sex marriage. The current arguments coming out in opposition to gay marriage are quite similar to the past outcry against miscegenation. However, there are some differences cropping up in the courts interpretation. Thus far it is these nuanced differences that are leading to entirely different legal outcomes.
Up until 1967 Virginia, as well as other states, had on the books anti-miscegenation laws that regulated who could marry whom. The central focus of this variety of law was to completely ban the union of a “white person” with a “non-white” person. It is important to note here that the other races were not prohibited from marrying each other, but rather as “non-whites” they were forbidden from commingling with “whites.” It was the opinion of Judge Leon Bazile that such mixings directly contradicted God’s intent. If the races were meant to cohabitate, they would not have been relegated to separate places on the globe. The fact that people have moved about the continents in no way supposes that God intended the races to amalgamate [Loving v Virginia 388 U.S. 1 (1967)].
As illustrated by Virginia interracial marriage had been historically disallowed. However, in 1948, the court system witnessed a slight shift in opinion. The case of Perez v. Sharp 32 Cal. 2d 711 (1948) was decided on the state level. In its ruling, marriage was termed as the “fundamental right of free men.” Ultimately, this case had no bearing on the legal proceedings of the nation. However, this case made California the first state to recognize anti-miscegenation as a violation of the Equal Protection Clause of the Fourteenth Amendment. This established precedence and was not too far ahead of the ground breaking decision in the case Loving v Virginia 388 U.S. 1 (1967). The ruling of this case reiterated that marriage is a fundamental right. It also, asserted that even though Virginia’s anti-miscegenation laws treated “whites” and “non-whites” equally, the action was still classified as race-based discrimination. This classification elevated the status of anti-miscegenation laws to strict scrutiny by the Supreme Court. This shifted the burden to the state of Virginia to prove that it had a compelling purpose for its anti-miscegenation laws and that the means were narrowly tailored to achieve said purpose. The state was unable to prove so under the strict scrutiny test of the court. The decision of the court could have theoretically been in favor of miscegenation if not for the recognition of race-based discrimination, an entirely technical matter.
Currently, proponents of same-sex marriage are trying to parallel the arguments made in Loving v Virginia. Their argument is that regardless of the fact that both sexes are equally burdened, the prohibition of same-sex marriage is sex-based discrimination. The successful execution of this argument would immensely help the gay and lesbian cause. This particular accomplishment would elevate its status of same-sex legislation, such as Washington State’s DOMA, to a semi-suspect classification. In this event, the burden would fall upon the state to show an important state purpose in prohibiting gay marriage and that the stated prohibition is closely related to achieving this important state purpose. In the event that that happened, it can be assumed that proponents of same-sex marriage would be more effective in achieving their goal of having their long-term bonds and commitments legally recognized.
However, the courts have been able to glean a differentiation between the arguments of Loving and those of same-sex marriage. The difference lies in the age-old “accident of birth” argument. In Andersen v. King County it was held that discrimination was not based on sex since it applied equally to both sexes. This is in opposition to the decision in Loving that, regardless of whether “whites” and “non-whites” are treated the same, anti-miscegenation laws are based on race. Though reversed by the Ninth Circuit court of appeals, the state used the decision of High Tech Gays v. Defense Industrial Security Clearance Office 909 F. 2d 375 (1990) to substantiate that homosexuality is behavioral and therefore not an immutable trait. Therefore, the Loving rationale did not apply. As well, homosexuals were not considered powerless under the law, which is a required title to be a member of the semi-suspect classification. Additionally, the court in this case held that same-sex marriage is not a fundamental right included in the right to marry of all free men. The combination of these elements excluded gays and lesbians as part of a semi-suspect class deserving heightened scrutiny. Consequently, rational basis review was applied. Under this classification Washington State only needed to show a legitimate purpose with the means being rationally related to the stated purpose. The application of rational basis review made it easy for the state to restrict same-sex marriage since empirical evidence was not required to sustain rationality. In Andersen v. King County Justice Madsen stated:
"State Defense of Marriage Act (DOMA) was rationally related to state's interests in procreation and children's well-being, and thus DOMA's prohibition against same-sex marriage did not violate state constitution's privileges and immunities clause; procreation was legitimate government interest justifying limitation of marriage to opposite sex couples, as was encouragement of childrearing in traditional nuclear families where children tended to thrive… even if animus in part motivates legislative decisionmaking, unconstitutionality does not follow if the law is otherwise rationally related to legitimate state interests.”
This negation of the importance of animus is interesting especially when compared to the case of Romer v Evans No. 94-1039 (1996). In the case of Romer, Colorado was unable to prove that there was any rational correlation to a legitimate state purpose when it passed an amendment that restricted homosexuals’ access to legal protection. Therefore, animus alone was not substantial enough ground to single out an entire group of people. In Andersen, the state had a legitimate purpose. Subsequently, animus alone was not substantial enough ground to prevent exclusion of certain group members from a revered state institution. In both cases, animus is used to restrict the rights of gays and lesbians. On one hand it is used as a deciding factor, on the other it is merely incidental.
While marriage has evolved and has a new face in comparison to its historical appearance, there are still ideals that are tightly held by society and endorsed by the courts. 1967 brought anti-miscegenation under the strict scrutiny of the court and definitively resolved that marriage is a fundamental right of all. Gay marriage, the new union under attack, has struggled to secure the heightened scrutiny necessary to reap the benefits of this fundamental right. The current arguments are strikingly similar to the past uproar against mixed-race marriage. However, it is the difference of applied scrutiny by the courts that has kept advancement in the area of same-sex marriage at bay.
Posted by
manic hispanic
at
11:34:00 AM
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Labels: holiday celebrate
Friday, November 17, 2006
The Evolution of my ID photos
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I've been thinking about the quality of my ID photos, especially since I had to spend a good hour of my day at the DMV. I will blame this for an error I made in my clapotis.
At 16 I had a great photo. I was courtney love'd out and full of life. I had a big smile, because it was my big day. a right of passage.
At 21, I replaced my ID. I was no longer a blonde and I figured if the AZ facist doormen were going to let me imbibe, I should resemble my ID. Also, my face had began to rub off--a notorious problem for AZ IDs of the time. At this time I was the epitome of VGI, librarian chic. I still had a big smile, because I had reached yet another milestone. However, the AZ DMV are big ass faces. they made me look purple. It looked as though I had been holding my breath all day. They ruined what was otherwise a good picture.
I move to Seattle in 2002 and need to establish residency, so I needed a state ID STAT! I was still librarian chic and cute as the dickens. However there was an unexplainable shadow in the picture and it looks like I have a mustache. I was glad to get rid of that one.
2004 I got a car and needed an actual operator's license. I did not realize that the stone-aged DOL facilities did not take plastic. I had to run to the ATM across the street more times than I care to think about. In my photo I looked sweaty and windblown. not to mention the cyborg-esque reflection off my glasses. needless to say, I was happy when i lost this ID.
the new license I got was fine, except that i was dressed inappropriately. I was clad in a boat-neck shirt. So yah. in the ID photo i look naked.
The other night, while attempting to fill my wine addiction, I realized that the naked ID was not in my wallet. I came home and looked through purses, pants and jackets. I could not find it. The next day I went to the DOL. In the new photo I resemble a q-tip with crooked glasses. ANNOYING!!
anyway, long story short, guess what I found today? NAKED ID!!! in my head, i screamed every explicative in every language i have ever learned.
stupid driver license.
Posted by
manic hispanic
at
11:20:00 AM
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Wednesday, November 15, 2006
Breast cancer benefit
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This is a show to help support a local woman recovering from breast cancer. She works for Fare Start and gives to the community everyday. This is a night when the community has the opportunity to give back to her.
Performers include Herman Jolly of Sunset Valley and the boys we all know and lust Royvelt and Brent Amaker and the Rodeo. I guarantee a good time. Hope to see you all there. For more information go to www.lorettafundraiser.com
Posted by
manic hispanic
at
7:38:00 AM
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Wednesday, November 08, 2006
yay! voting
in the last 24 hours we have seen democracy in action.
the moral party has fallen on bad graces. it's funny i thought it was the democrats that were scandalous heathens. hmmm... apparently both parties fall victim to the scandals inherent to politics. who knew?
triumphs include:
control of the house
at least a 50/50 split of senate
ding dong the wicked rumsfeld is dead, well his career anyway.
and our nations 1st female house speaker--EVER!!! (incidentally this makes Pelosi 3rd in line to the presidency. all we need to do is impeach bush for taking us to war under false pretense, let Harry Whittington have a vengence round to the face of cheney, and ta da--1st female president to US!!)
now do we see why voting is so important?
for more information go to http://www.thegreenpapers.com/
xo-
your crazy latina correspondent
Posted by
manic hispanic
at
10:47:00 PM
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Tuesday, November 07, 2006
Vote or Die!!
Maybe a little extreme, but it is time once again to exercise one of our most important civil duties--to come together as an electorate and vote. Please notice I did not say this was a right or a privilege. Yes, I indeed meant duty. If every person that could vote actually did, we would have a very different looking nation.
For those of you who say: "why vote? It makes no difference?" That is because most of the other people who do not vote share your political views. During the 2004 election, it was projected that 50% of all eligible voters were registered to do so. Of that 50% registered, only about 50% of those folks voted (information I obtained through Washington Citizen's Action). So, tell me why again voting results are so skewed?
Get out and do your job as a citizen. If you don't like your options--write in a candidate. VOTE FOR ME!! Don't just sit around with your hand(s) down your pants! TAKE AN ACTIVE ROLE IN THE DECISION MAKING IN YOUR COUNTRY!! Until you do, we can look forward to many more undesirables running the crucial interactions of our daily lives.
I don't think you want that, do you?
Posted by
manic hispanic
at
11:41:00 AM
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