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COMMENTARY: Pulling back the curtain on legal double standards

MINNESOTA SPOKESMAN-RECORDER — It’s time we stop lying to ourselves. The lying has gone on much too long and every time the lie is repeated, we are all the worse for it.

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By Oscar H. Blayton

It’s time we stop lying to ourselves. The lying has gone on much too long and every time the lie is repeated, we are all the worse for it. The lie is that in America, everyone is equal under the law.

It’s time to pull back the curtain on this lie, but in order to do so, first, we must have an understanding of what “law” actually is.

In its most basic form, “law” is a process of authoritative control whereby certain members of a particular community establish and maintain a specific public order.

This definition may seem like a mouthful, but history can help us unpack it. Nazi Germany had anti-Jewish laws, the racist regime of South Africa had apartheid laws and the southern states in this country had Jim Crow laws.

The Nazis, the Afrikaners, and the Southern segregationists all had authoritative control over their respective national and state communities. With that control, they each ordered their societies in the manner they desired.

In each of these instances, it is not difficult to identify those community members who sought to maintain a specific public order, nor is it difficult to identify the “specific order” they sought to maintain.

For Blacks in South Africa and the segregated southern United States, subjugation was the public order. And in the case of Jews living under Nazi control, it was extermination. For these people, those were the laws.

A law need not be just or fair or benign to be the law. Law, like a gun or any other tool, can be used for good or for evil.

To disguise the fact that laws can be cruel, unjust and designed to harm certain members of our community, the myth of “blind justice” was created. It fostered the notion of a fair legal system in America, but observations in most American courtrooms will instruct us that what passes for justice in this country is not color-blind.

American laws are written with high-sounding words, full of dignity and sensibility — but words are not deeds. And, as in courtrooms, the long arm of the law, embodied in the form of law enforcement officers, reaches out into the streets and neighborhoods where we witness the double standards that are applied in enforcing our laws written in lofty language.

Even though the 13th Amendment to the U.S. Constitution ended slavery more than 150 years ago, people of color are still forced to wear the proverbial shackles of the double standards in our country’s legal system. Bigots and racists use our system of laws and law enforcement to police Black and Brown bodies, making it clear to people of color that we are neither welcome nor expected to exist in White spaces.

Ohio maintains a specific public order that allows Whites to walk the streets with automatic rifles unmolested by the police but justifies gunning down a Black man who is purchasing a BB rifle in an open carry state. It also finds no fault in a police officer executing a 12-year-old Black boy for playing with a toy gun in a park. This is the law in Ohio.

Many other cities and states maintain a specific public order that targets people of color for fines and the confiscation of property in order to fund local and state governments.

Ferguson, Mo. was proven to use the disproportionate levying of fines on people of color to fund their municipal activities. That was the law in Ferguson.

South Carolina’s civil forfeiture law allows police to confiscate money and property from people merely suspected of having committed a crime. This is often done without a trial, and in some instances, without even an arrest.

Black men are subjected to this law at a rate vastly disproportionate to their numbers in the general population. A statewide journalism project in South Carolina titled “TAKEN” reports that while comprising only 13 percent of that state’s population, Black men represent 65 percent of all citizens targeted for civil forfeiture. This is still the law in South Carolina.

The slave codes, the Fugitive Slave Act, and the Jim Crow laws of years past and the gutting of the Voting Rights Act just a few short years ago are all part of a process of authoritative control by certain community members to establish and maintain a specific public order that keeps people of color in shackles. There are many more laws that do this, but the list is too long to discuss in this short commentary.

We must pull back the curtain to determine the true public order purpose of each law governing our lives and to identify those community members who seek to establish and maintain them. Once we do this, then we can ask ourselves, if this is the America we want for ourselves. And if not, what are we going to do about it?

Oscar H. Blayton is a former Marine Corps combat pilot and human rights activist who practices law in Virginia.

This article originally appeared in the Minnesota Spokesman-Recorder

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Activism

OPINION: Your Voice and Vote Impact the Quality of Your Health Care

One of the most dangerous developments we’re seeing now? Deep federal cuts are being proposed to Medicaid, the life-saving health insurance program that covers nearly 80 million lower-income individuals nationwide. That is approximately 15 million Californians and about 1 million of the state’s nearly 3 million Black Californians who are at risk of losing their healthcare. 

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Rhonda M. Smith.
Rhonda M. Smith.

By Rhonda M. Smith, Special to California Black Media Partners

Shortly after last year’s election, I hopped into a Lyft and struck up a conversation with the driver. As we talked, the topic inevitably turned to politics. He confidently told me that he didn’t vote — not because he supported Donald Trump, but because he didn’t like Kamala Harris’ résumé. When I asked what exactly he didn’t like, he couldn’t specifically articulate his dislike or point to anything specific. In his words, he “just didn’t like her résumé.”

That moment really hit hard for me. As a Black woman, I’ve lived through enough election cycles to recognize how often uncertainty, misinformation, or political apathy keep people from voting, especially Black voters whose voices are historically left out of the conversation and whose health, economic security, and opportunities are directly impacted by the individual elected to office, and the legislative branches and political parties that push forth their agenda.

That conversation with the Lyft driver reflects a troubling surge in fear-driven politics across our country. We’ve seen White House executive orders gut federal programs meant to help our most vulnerable populations and policies that systematically exclude or harm Black and underserved communities.

One of the most dangerous developments we’re seeing now? Deep federal cuts are being proposed to Medicaid, the life-saving health insurance program that covers nearly 80 million lower-income individuals nationwide. That is approximately 15 million Californians and about 1 million of the state’s nearly 3 million Black Californians who are at risk of losing their healthcare.

Medicaid, called Medi-Cal in California, doesn’t just cover care. It protects individuals and families from medical debt, keeps rural hospitals open, creates jobs, and helps our communities thrive. Simply put; Medicaid is a lifeline for 1 in 5 Black Americans. For many, it’s the only thing standing between them and a medical emergency they can’t afford, especially with the skyrocketing costs of health care. The proposed cuts mean up to 7.2 million Black Americans could lose their healthcare coverage, making it harder for them to receive timely, life-saving care. Cuts to Medicaid would also result in fewer prenatal visits, delayed cancer screenings, unfilled prescriptions, and closures of community clinics. When healthcare is inaccessible or unaffordable, it doesn’t just harm individuals, it weakens entire communities and widens inequities.

The reality is Black Americans already face disproportionately higher rates of poorer health outcomes. Our life expectancy is nearly five years shorter in comparison to White Americans. Black pregnant people are 3.6 times more likely to die during pregnancy or postpartum than their white counterparts.

These policies don’t happen in a vacuum. They are determined by who holds power and who shows up to vote. Showing up amplifies our voices. Taking action and exercising our right to vote is how we express our power.

I urge you to start today. Call your representatives, on both sides of the aisle, and demand they protect Medicaid (Medi-Cal), the Affordable Care Act (Covered CA), and access to food assistance programs, maternal health resources, mental health services, and protect our basic freedoms and human rights. Stay informed, talk to your neighbors and register to vote.

About the Author

Rhonda M. Smith is the Executive Director of the California Black Health Network, a statewide nonprofit dedicated to advancing health equity for all Black Californians.

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Activism

OPINION: Supreme Court Case Highlights Clash Between Parental Rights and Progressive Indoctrination

At the center of this controversy are some parents from Montgomery County in Maryland, who assert a fundamental principle: the right to shield their children from exposure to sexual content that is inappropriate for their age, while also steering their moral and ethical upbringing in alignment with their faith. The local school board decided to introduce a curriculum that includes LGBTQ+ themes — often embracing controversial discussions of human sexuality and gender identity.

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Craig J. DeLuz. Courtesy of Craig J. DeLuz.
Craig J. DeLuz. Courtesy of Craig J. DeLuz.

By Craig J. DeLuz, Special to California Black Media Partners

In America’s schools, the tension between parental rights and learning curricula has created a contentious battlefield.

In this debate, it is essential to recognize that parents are, first and foremost, their children’s primary educators. When they send their children to school — public or private — they do not surrender their rights or responsibilities. Yet, the education establishment has been increasingly encroaching on this vital paradigm.

A case recently argued before the Supreme Court regarding Maryland parents’ rights to opt out of lessons that infringe upon their religious beliefs epitomizes this growing conflict. This case, Mahmoud v. Taylor, is not simply about retreating from progressive educational mandates. It is fundamentally a defense of First Amendment rights, a defense of parents’ rights to be parents.

At the center of this controversy are some parents from Montgomery County in Maryland, who assert a fundamental principle: the right to shield their children from exposure to sexual content that is inappropriate for their age, while also steering their moral and ethical upbringing in alignment with their faith. The local school board decided to introduce a curriculum that includes LGBTQ+ themes, often embracing controversial discussions of human sexuality and gender identity. The parents argue that the subject matter is age-inappropriate, and the school board does not give parents the option to withdraw their children when those lessons are taught.

This case raises profound questions about the role of public education in a democratic society. In their fervent quest for inclusivity, some educators seem to have overlooked an essential truth: that the promotion of inclusivity should never infringe upon parental rights and the deeply held convictions that guide families of different faith backgrounds.

This matter goes well beyond mere exposure. It veers into indoctrination when children are repeatedly confronted with concepts that clash with their family values. 

“I don’t think anybody can read that and say: well, this is just telling children that there are occasions when men marry other men,” noted Justice Samuel Alito. “It has a clear moral message, and it may be a good message. It’s just a message that a lot of religious people disagree with.”

Justice Amy Coney Barrett raised a crucial point, noting that it is one thing to merely expose students to diverse ideas; it is quite another to present certain viewpoints as indisputable truths. By framing an ideology with the certainty of “this is the right view of the world,” educators risk indoctrination rather than enlightenment. This distinction is not merely academic; it speaks to the very essence of cultivating a truly informed citizenry.

Even Justice Elena Kagan expressed concern regarding the exposure of young children to certain materials in Montgomery County.

“I, too, was struck by these young kids’ picture books and, on matters concerning sexuality, I suspect there are a lot of non-religious parents who weren’t all that thrilled about this,” she said.

Justice John Roberts aptly questioned the practicality of expecting young children to compartmentalize their beliefs in the classroom.

“It is unreasonable to expect five-year-olds, still forming their worldviews, to reconcile lessons that conflict fundamentally with the teachings they receive at home,” he said.

As was noted in my previous commentary, “The Hidden Truth In The Battle Over Books In American Schools”, what lies at the heart of these debates is a moral disconnect between the values held by the majority of Americans and those promoted by the educational establishment. While the majority rightly argue that material containing controversial content of a sexual nature should have no place in our children’s classrooms, the education establishment continues to tout the necessity of exposing children to such content under the guise of inclusivity. This disregards the legitimate values held by the wider community.

Highlighted in this case that is before the Supreme Court is a crucial truth: parents must resolutely maintain their right to direct their children’s education, according to their values. This struggle is not simply a skirmish; it reflects a broader movement aimed at reshaping education by privileging a state-sanctioned narrative while marginalizing dissenting voices.

It is imperative that we assert, without hesitation, that parents are — and must remain — the primary educators of their children.

When parents enroll a child in a school, it should in no way be interpreted as a relinquishment of parental authority or the moral guidance essential to their upbringing. We must stand firm in defending parental rights against the encroaching ideologies of the education establishment.

About the Author

Craig J. DeLuz has almost 30 years of experience in public policy and advocacy. He has served as a member of The Robla School District Board of Trustees for over 20 years. He also currently hosts a daily news and commentary show called “The RUNDOWN.” You can follow him on X at @CraigDeLuz.

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Activism

Newsom, Pelosi Welcome Election of First American Pope; Call for Unity and Compassion

“In his first address, he reminded us that God loves each and every person,” said Newsom. “We trust that he will shepherd us through the best of the Church’s teachings: to respect human dignity, care for the poor, and wish for the common good of us all.” Newsom also expressed hope that the pontiff’s leadership would serve as a unifying force in a time of global instability.

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Pope Leo XIV. Screenshot.
Pope Leo XIV. Screenshot.

By Bo Tefu, California Black Media

Gov. Gavin Newsom and First Partner Jennifer Siebel Newsom on May 8 issued a statement congratulating Pope Leo XIV on his historic election as the first American to lead the Catholic Church.

The announcement has drawn widespread reaction from U.S. leaders, including former House Speaker Nancy Pelosi, who called the moment spiritually significant and aligned with the values of service and social justice.

In their statement, the Newsoms expressed hope that the newly elected pope would guide the Church with a focus on compassion, dignity, and care for the most vulnerable. Newsom said he and the First Partner joined others around the world in celebrating the milestone and were encouraged by the pope’s first message.

“In his first address, he reminded us that God loves each and every person,” said Newsom. “We trust that he will shepherd us through the best of the Church’s teachings: to respect human dignity, care for the poor, and wish for the common good of us all.”

Newsom also expressed hope that the pontiff’s leadership would serve as a unifying force in a time of global instability.

“May he remind us that our better angels are not far away — they’re always within us, waiting to be heard,” he said.

Pelosi, a devout Catholic, also welcomed the pope’s election and noted his symbolic connection to earlier church leaders who championed workers’ rights and social equality.

“It is heartening that His Holiness continued the blessing that Pope Francis gave on Easter Sunday: ‘God loves everyone. Evil will not prevail,’” said Pelosi.

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