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South Carolina to Move Confederate Flag to South Dakota? SDGOP Cries “States’ Rights!”

Southern leaders are finally showing the courage to reject the traitor flag of the Confederacy, but South Dakota’s pols responding to the Supreme Court’s affirmation of the marriage equality sound like they want to fly the Stars and Bars in Pierre.

It has always been my position that the citizens of our state should define marriage, and not the federal government…. Five members of the U.S. Supreme Court have now determined neither the States nor our citizens have the right or the ability to define marriage [SD Attorney General Marty Jackley, press release, 2015.06.26].

Today’s ruling is a blow to state’s rights…. I believe states have a constitutional role in setting their own policy on marriage. Marriage is between a man and a woman, and traditional families play an important role in the fabric of our society [US Senator M. Michael Rounds, quoted in Amber Hiles, “Flags Fly, Couple Celebrate in Mitchell Following Same-Sex Marriage Announcement,” Mitchell Daily Republic, 2015.06.26]

The government shouldn’t be dictating how the states operate in the first place. They shouldn’t have gotten involved in the marriage issue [SD Rep. Dan Kaiser, quoted in Katherine Grandstrand, “Local Politicians Divided on Same-Sex Marriage Decision,” Aberdeen American News, 2015.06.27].

Governor Dennis Daugaard, unlike Texas Governor Abbott and Louisiana Governor Jindal, appears to recognize that “Supreme” means supreme and immediately enacted the Court’s ruling.

But Marty, Mike, Dan—you really want to fly the states’ rights flag? Your states’ rights complaints are so 1861.

63 Comments

  1. Mrs. Nelson 2015-06-27 10:31

    Yes, yes, let’s let the states vote on this and let the constituents speak – I feel like if same-sex marriage would have been voted upon in SD and WON, it would still end up just like the minimum wage debacle happening right now because someone’s feelers got hurt that it actually passed. I mean, what do us voters actually know about what we want?!

  2. jerry 2015-06-27 10:36

    The crooked regime in Pierre bitches and moans the fact about states rights in our failed state, while keeping their hand out to the federal government for the money it takes to keep the doors open. They do a pretty good job of fooling folks though as they get appointed cycle after cycle. Putin smiles with approval.

  3. SDBlue 2015-06-27 10:39

    It is a sweet victory knowing our state’s law defining marriage as one man – one woman is now irrelevant. It’s been a good week. It gives me hope that maybe we can drag South Dakota (with some kicking and screaming) into the 21st century. Personally, I could not be more proud to see this happen in my lifetime. Someone should remind these guys that we are the UNITED States of America. The marriage equality ruling only further united us all, while the right-wing screams “state’s rights” and continues to try and divide us.

  4. Paul Seamans 2015-06-27 10:44

    The current South Dakota budget of $4+ billion receives over half the funding from the federal government. People spouting “states rights” better do some serious thinking about how independent we can afford to be. In addition, where were some of these same people when our state legislature voted to turn over our state’s permitting authority for uranium mining to the federal government? We want to tell the feds to go to hell but then again we don’t want to.

  5. Lynn 2015-06-27 10:50

    I look at the comments by some of our Republican elected officials here in South Dakota and wonder if it is even worth the effort to try to meet with them privately in a non-threatening, down to earth and sincere attempt to help educate them regarding LGBT concerns they have. There is so much misinformation and hype generated to distract from REAL issues, divide and generate support. Some don’t want to be educated on these issues with their opinions and beliefs. We might get a meeting to satisfy a curiosity but in the end it won’t matter until they are replaced in an election.

    State’s rights didn’t work too well with issues such as slavery

  6. Rorschach 2015-06-27 10:52

    Marriage is not about states rights. It’s about the fundamental rights of people. Fortunately it’s a dwindling and now irrelevant minority that still want to hear this kind of bullsh*t.

  7. Douglas Wiken 2015-06-27 10:59

    My guess is this is much ado about not a whole lot. Politicians who could actually care less about marriage definition or gay rights or dignity have milked “marriage” as a symbol for years. Any guess what will be the next irrelevancy that catches media and partisan hack attention?

  8. Douglas Wiken 2015-06-27 11:01

    Oh, and another irrelevancy. People in New York wondered why we don’t have southern accents because we are from SOUTH Dakota….or maybe they look at SD policies and politicians before they check a map.

  9. bearcreekbat 2015-06-27 11:04

    These pols seem to think that “states rights” mean the right of powerful individuals within a state to deny other less powerful people in the state rights that are guaranteed to all by our Constitution. Lucky for all of us that it just doesn’t work that way. Instead, our Constitution, as construed by the SCOTUS, defines certain rights that no one in any state, whether attorney general, governor, legislator or congress-person, has the power to take away.

    I agree with Rorschach. The term “states rights” means “the rights and powers held by individual US states rather than by the federal government.” Neither the states nor the federal government have rights or powers that trump the protections our Constitution affords to the people of the USA and the limitation the Constitution imposes on the states and federal government.

  10. 96Tears 2015-06-27 11:27

    The exact same positions were the reactions of Dixie state governors when the court ruled against their obstructions to mixed race marriages. I thought this states rights bullshit got settled in 1865.

  11. bret clanton 2015-06-27 11:59

    Nicely done Cory…Gay rights, racism and states rights all lumped together in one nice tidy package… This country cannot move forward with the ever increasing division being promoted. How about a few posts promoting togetherness. I am sure there must be common ground for all somewhere?

  12. larry kurtz 2015-06-27 12:09

    The GOPers who would hold the CSA flag sacred are the same idiots who tell American Indians they lost and to get over it.

  13. bret clanton 2015-06-27 12:18

    Cory or Larry could you show me where Marty, Mike or Dan has made a statement or taken a position about the stars and bars like the above photos imply ?

  14. Lynn 2015-06-27 12:30

    Bret,

    It would be great to focus on common ground yet every time our legislature is in session a certain group of legislators seem to have an annual fixation to go after the rights of certain segment in our state’s population. That targeted segment just want to be left alone and be free pursue the same opportunities as everyone else. Meanwhile solutions for the REAL issues facing our state are conveniently distracted from.

  15. Roger Cornelius 2015-06-27 12:31

    96 Tears
    That is an excellent point about Dixiecrats and interracial marriage. I have been thinking the same thing.

    When Roe vs Wade, the Civil Rights Act, the Supreme Court Ruling on Interracial Marriage all became laws upheld by the court their was the same reactions by those that wanted to hold onto their history.

    As I read hateful comments across social media the past couple of days, they were the same words spoken in 1861-1865 clear up to 1964 and the marriage equality ruling of yesterday.

    From the pastor in Texas that is going to set himself on fire because of this ruling (can someone send him gasoline and matches?), those proclaim it will be the end of society because we don’t read and live by the Bible (Who does, really?), to the argument about states rights we have a segment of society on the wrong side of history, that is their loss.
    If I hear one more time “that marriage is defined by a man and a woman” or the “Bible says………..”, I just might have to set myself on fire.

  16. caheidelberger Post author | 2015-06-27 12:35

    Gay rights, racism, and states’ rights do fit together on one package, Bret. The big issues we are dealing with this week in America all relate. My contention here is that crying “States’ rights!” in response to a decision of the Supreme Court protecting the basic civil rights of all citizens is equivalent to flying the flag of the Confederacy that has been adopted in opposition to equal rights.

    Jackley, Rounds, and Kaiser are preaching divisiveness. Their philosophy of states’ rights led us into the Civil War, the worst division this country has ever suffered. I’m promoting togetherness by urging Jackley, Rounds, and Kaiser to recognize the error and danger of their professed philosophy and accept equal marriage rights for all Americans.

  17. caheidelberger Post author | 2015-06-27 12:36

    Mrs. Nelson makes a keen point: the SDGOP only wants voters to decide on the issues it thinks it can win. When voters decided the minimum wage should be $8.50, the SDGOP forgot its commitment to letting democracy rule. We’ll fix that with the referendum of SB 177.

  18. bret clanton 2015-06-27 12:48

    But have any of them actually taken a position on the stars and bars as your photo implies?

  19. Mike Kokenge 2015-06-27 13:01

    The neo cons are really throwing a hissy fit this week. It started off with the fair housing vote not going there way. Then the ACA. Then gay marriage. Then of all people, scalia jumps ship on the three strikes and you’re out. Listened to a podcast of the belfrage faux news, and believe me, his half a dozen listeners are really up in arms over the newly found Supreme Court. All lip syncing exactly what’s being said here. Where were all these flame throwers back in 2000 when there court elected an illegal president? Smirking would be my guess. Three more cases get decided on Monday. Important ones all. Gerrymandering, lethal injection, and pollution standards. These will all probably go the way the pre conceived politicking would have it. The five appointed by republican presidents in the conservative corner, and the four democratic appointees in the liberal corner. On Tuesday all will be aok again for the 11 people who can actually make it thru a Greg belfrage fox inspired program.

  20. Chris S. 2015-06-27 13:07

    The photo, like a political cartoon, makes a point visually, which he explained in detail in his post. Anyone bothering to read Cory’s post can plainly see the connection he was making between people howling for “state’s rights” now, and those who did so in 1861. Concern trolling about it is kind of lame.

  21. rollin potter 2015-06-27 13:25

    MR.Jackley wants the people to decide on issues that the republicans want beat down but I would like to say I have been writing, calling,e-mailing, and sending registered mail to these worthless jack asses in pierre on both sides of the isle to give the public the right to a DEATH with Dignity Rule (not a mandatory law) but a Rule for each individual to decide for themselves!!!!
    I have received two replies and they won’t touch it with a ten foot pole and will not answer any of my correspondence after the first reply!!!!! NO GUTS!!!!!!!!!

  22. bret clanton 2015-06-27 13:28

    Chris s…what is lame is running a blog like pp runs his….

  23. bret clanton 2015-06-27 14:10

    You might be right lar….lets blow this blog-pub, lie to the women and tell them we are going fishin and I will meet you in Deerfield next week….

  24. larry kurtz 2015-06-27 14:16

    bret, probably won’t be in the Hills before the 21nd of July then headed for Brookings for the kurtz family reunion and on to Indiana where it’s 90 degrees and 90% humidity: yeehaw.

  25. Dave 2015-06-27 15:31

    I just held my nose long enough to visit the War Toilet, and all I can find are press releases, and naturally commenters’ reations, to Friday’s historic decision. Has Powers written an opinion? Does he possess the gray matter to even formulate a coherent reaction? Has Troy been appointed to do all the heavy lifting on this issue? South Dakota’s #1 political web site? Really?? C’mon Pat. At least show you have the balls to join the discussion.

  26. Deb Geelsdottir 2015-06-27 15:33

    BCB, your description of constitutional rights is very good. Thank you. Those opposed to equal rights for all want to vote on ×other people’s× constitutional rights, but not their own. There simply No Voting on Constitutional Rights – for Anyone!

    So many good comments here by you DFPers. Roger, leave the imolation to psychologically disturbed bigots. We want you around here.

  27. Deb Geelsdottir 2015-06-27 15:38

    I have to say Cory, I find the confederate flags in the image not fitting. When I saw it my first thought was, “Wow! They came out in favor of that flag?!” Perhaps a rainbow flag with an X through it, or even a stars and bars X through it would have made your point without being misleading.

    It’s true that after reading your post I understood the image, but my initial impression was that the article was about a very different topic because the flags stand out much more than the rainbow border.

  28. John 2015-06-27 16:11

    Perhaps if jackley, rounds, or kaiser are unable to support the Constitution of the United States then they should renounce their citizenship and leave the country. That would be the honorable thing if they are unable to support the US Constitution. Barring by class of people whom may enjoy the long-recognized fundamental right of marriage is an egregious violation of equal protection for all.

  29. Chris S. 2015-06-27 16:37

    Oh, but John, it’s so rude to point out that right-wingers who want “state’s rights” to trump federal law when they don’t get their way are essentially secessionists, just like they were in 1861.

    The important thing is for us to be excruciatingly polite and not call them out on it. Calling a spade a spade is so undignified and incendiary.

    [/snark]

  30. Mr. Sol 2015-06-27 17:41

    The last time I looked the 10th Amendment was still part of the US Constitution.

  31. caheidelberger Post author | 2015-06-27 18:36

    Susan, MSNBC should have Meade County Commissioner Alan Aker on. He doesn’t mention states’s rights, but he captures right-wing rage pretty well:

    I was just notified by the county’s insurer that in light of the final federal court (Sorry to say, they’ve lost their “Supreme” title as far as I’m concerned. Of course, they’re no longer a court either, but I’m at a loss on what to call them.) decision on gay marriage, the county may be liable for its own costs if our register of deeds does not allow filing of same-sex marriages. Our register of deeds is an independent official and she will decide whether to obey our robed “legislators”. I expect she will. A word to any readers who are celebrating this news: I wouldn’t spike the ball just yet. You haven’t gained marriage “equality”, I predict you have ended marriage as a civil institution. One by one, states will remove it from statutes. It will be an exclusively religious institution. For awhile, some of our churches will refuse to perform same-sex marriages, and get away with it. Since liberals never stop, they’ll use courts to strip these churches of their tax-exempt statuses. These churches will be blessed and will thrive anyway. On the bright side, the federal income tax marriage penalty will disappear as it becomes impossible to determine who is married, since it will vary according to which churches we belong to. On the downside, among the non-religious, spouses will devolve to easily-discarded roommate-sex partners. Children will suffer abuse and abandonment in the ever-changing domestic arrangements. May the Holy Spirit do a new work among us and help us heal these new victims, and help us in a reconstruction of this wreckage [Alan Aker, Facebook post, 2015.06.26].

    The Court not Supreme? Non-religious folks like me devolving? Child abuse sure to come? Wow.

  32. caheidelberger Post author | 2015-06-27 18:41

    Bret, my photo implies that their beliefs fit with those of people who would wave that flag.

  33. caheidelberger Post author | 2015-06-27 18:44

    10th Amendment, Mr. Sol? Neither the majority ruling nor the dissents appear to mention the 10th Amendment, so please, do elaborate….

  34. mike from iowa 2015-06-27 18:52

    All those things Aker says will happen already happened when that Kenyan usurper was installed in the Whitest House in the World. Hopefully we can move on to more important stuff like having wingnuts shut down the gubmint some more in another hissy fit.

  35. Mr. Sol 2015-06-27 19:31

    The Tenth Amendment might not have been explicitly mentioned but its concept is very present when talking about State’s rights. I cite the following:

    In a certain sense, the Tenth Amendment—the last of the 10 amendments that make up the Bill of Rights—is but a truism that adds nothing to the original Constitution. Since the federal government only possesses those powers which are delegated to it (Article I, Section 1), this amendment merely restates that all powers not delegated are in fact reserved to the States or to the sovereign people

  36. Bill Dithmer 2015-06-27 19:35

    I move that SD succeeds from the union. All in favor say I. Good, now thats out of the road lets fix Texas.

    The Blindman

  37. SDBlue 2015-06-27 20:23

    That statement by Aker makes me see red. I would love to rant, but I think I will just post this (from a friend):

    “The conservative philosophy: ” I resent it when people I consider inferior to me get to enjoy the same rights and privileges as I do.”

  38. jerry 2015-06-27 21:03

    Thanks for posting Akers achy breaky heart. One thing about him, he is good entertainment. I am always full of questions about this kind of hate filled unnecessary rhetoric that he puts out about gays. Time and time again, those that tend to squeak the loudest against gays have secrets, he makes me wonder.

  39. Roger Cornelius 2015-06-27 21:13

    All the things that Akers post and expects to happen were said about interracial marriage and the Civil Rights Act, I’m still waiting for the sky to fall some 60 years later.

    I’ve never been a fan of the Rapid City Journal, but when they dropped Akers the columnist a few years back, I rejoiced.

    Akers has done one thing right and that is to have brought all those anti-marriage equality opinions into one big pile of shit.

  40. Donald Pay 2015-06-27 21:59

    The experience in Wisconsin is that the wingnuts have their hissy fit for about a month. They say a lot of hurtful and dumb things, and they will later have to explain to their grandchildren how wrong they were. They quickly figure out, though, that the sky doesn’t fall, Satan doesn’t rise to rule the world, and God doesn’t strike the sinners down. No straight couple files for divorce because the gay couple down the street got hitched. Churches that support gay marriage perform those ceremonies. Churches that don’t support gay marriage don’t.

    Families with straight married parents don’t gain or lose anything. Families with gay married parents become far more stable with children economically, emotionally and socially far better off. Overall, same sex marriage is a pro-family policy.

    As for Aker’s idea that marriage will end as a civil institution, that would be the most anti-family policy ever enacted, far worse than even the Soviets or the Nazis attempted. Even I don’t think Aker is that evil and stupid. He’s just a bully who lost a target, and he’s fuming, like Scud Farkus in the Christmas Story. If he thinks about it rationally, he’ll figure out his idea will do far more damage to what he considers to be good Christian families, which I assume he thinks includes his own, although I’m not so sure how he gets off calling himself a Christian.

    I would be worried about the terrorist right. They’ve lost a lot in the last few days, and some of them may become as unhinged as Dylann Roof.

  41. jerry 2015-06-27 22:08

    So what happens next? Gays get to marry legally, Obamacare is still the law of the land, the confederate traitor flag is coming down, the Pope slaps down the climate change deniers and all in one week! What will be the sermon in the amen corner tomorrow? What will the crazies do now that they think they see the wolf’s ears? Great entertainment when they get their widdle heads together to try to stop this new marriage law and Obamacare, cause you know they will keep it up to bring in the moolah from the base. That just keeps it from going to Romney when he tosses his hat in the ring. Let him self fund.

  42. jerry 2015-06-27 22:21

    The icing on the cake is the Fair Housing ruling as that has great implications on people of color for non discrimination. A big deal as well. So add another in a very successful week for people who actually give a damn about all citizens of this country.

  43. John 2015-06-27 22:54

    Marriage, a US Constitutional fundamental right, will not end. Right wing-nuts’ heads (like Aker’s) will explode first.

    And yes, by all means, “churches” should lose tax exempt status. There is no reason on earth to grant tax exempt status to Wiccans, cow worshippers, and true believers of other myths, legends, and folklores.

  44. Barry G. Wick 2015-06-28 00:36

    If you don’t remember, there was a store in Enning, in a far-flung part of Meade County that flew the stars and bars some years back. There was a pop machine that travelers could access on the outside of the building. Some travelers in a van stopped there to buy a soda when shots rang out from the interior by a person or persons who believed they were under attack by the government…paranoia overload. People were seriously injured and some folks went to Sioux Falls on the state’s vacation plan. Fly the stars and bars in South Dakota is nothing new. Fear of the government has long been a part of the social scene especially among isolated folk who have nothing better to do than to feel so self-important they arm themselves to the hilt. Their triggers are set on such a light pull that they might even suspect a prairie dog might contain a video camera and listening device. You never know where government agents are only really going to laugh at the antics of these guilt-ridden giants of paranoia whose daily pinochle game is the most illegal thing that goes on in their bunkers.

  45. Jana 2015-06-28 01:00

    Wow. Quick trip by Aker’s FB post and I would say he is losing.

    Maybe when the family values bikers get to Sturgis he will feel better.

    He better hope that his statements don’t go national and lead to a boycott of South Dakota’s leading tourism industry. For that matter, so should the rest of our Congressional delegation. Nothing like alienating a majority of Americans to change their plans.

  46. caheidelberger Post author | 2015-06-28 08:58

    Bill Dithmer, I suspect a typo in your post producing truth: South Dakota succeeds largely by its membership in the Union. Were South Dakota to secede, it would falter greatly.

  47. Bob Newland 2015-06-28 11:38

    I wish someone could explain why any level of government has a legitimate interest in defining “marriage.”

  48. grudznick 2015-06-28 12:00

    If my good friend Lar lived in South Dakota and was Governor he would fly a pink Jolly Roger and some sort of hippy weed flag and we’d all salute.

  49. Roger Cornelius 2015-06-28 14:38

    Fortunately the Supreme Court ruling is about marriage equality and not what it should be called.

    The discussion over civil unions, same-sex marriage, and love links is over, marriage is marriage, there needn’t be any middle ground when it comes to equality.

  50. jerry 2015-06-28 15:22

    Maybe voters in those counties in the south will come to their senses and vote the bums out. If they choose to keep them, then that is there issue to deal with. They should post it publicly their intent and then it should be up to the constituent on where they want to get married. The county looses the income and some other county gets it.

  51. mikeyc, that's me! 2015-06-28 16:36

    Limbaugh, Hannity, Aker, Rounds, Noem, Thune,etc…been a fun week listening to
    the meltdowns.
    Just wish we could find a black lesbian to
    run for President.

  52. Douglas Wiken 2015-06-28 17:49

    Roger, Marriage would still be marriage. Churches and religions would have their cake. Those wanting nothing to do with churches and religions would have an equal option. There is no inequality in terming all licenses for civil unions “Love-Link licenses” or whatever except “marriage licenses”. There is also no inequality in leaving the term “marriage” for religious sacraments or rites.

    Absolutist demands for controlling the word “marriage” as a symbol will be a never-ending political game of flag football. Separating the civil and religious would be a better option for all and more likely to remain constitutional.

  53. Lynn 2015-06-28 18:23

    Any of you in downtown Sioux Falls last night? Around 9:15pm there was a beat up old pickup going up and down South Phillips Street flying two huge Confederate Battle flags in back with the flag poles in the stake pockets of the pickup box. There were two “Bubbas” in the regular cab. I could not see if two rifles were mounted in the rear cab window gun rack. I should of taken a video or photo of it but was pre-occupied but with the shootings that happened and everything else in the news I see the Rednecks are flying the flag.

    I know that cities have sister cities across the world but isn’t South Dakota a sister state of Alabama or Mississippi? Dagburnit!

  54. Lynn 2015-06-28 18:41

    By golly if I got a better look that ole pickup might of been our good buddy(belch) (burp) Bubba Edward from that town with water in Day County.

  55. Lynn 2015-06-28 18:43

    not Day but Codington County. oops!

  56. Deb Geelsdottir 2015-06-28 20:20

    When school segregation was ordered in 1954 (?) a county in Maryland closed all public schools. Apparently that kind of bigoted thinking is still alive and well in certain areas. Sad.

  57. caheidelberger Post author | 2015-06-29 06:19

    Hey, Lynn! Mike Rounds wasn’t bombing around in that truck, was he?

  58. Lynn 2015-06-29 06:51

    Cory,

    I believe Rounds would of driven his Mercedes. One of those Bubbas could of been Edward Cline in that ther pick em up truck wit those rebel flags in der back though can’t confirm.

    One would think that act would be so embarrassing similar to having “moron” tattooed across one’s forehead but some it takes all kinds.

  59. bearcreekbat 2015-06-29 18:29

    Why in the world would anyone other than his family members even read Aker’s Facebook comments, let alone worry about what he writes?

  60. leslie 2015-07-02 07:34

    i haven’t read this thread but apparently a recent facebook entry by the late Patrick Duffey discusses the confederate flag and the harney peak name-change proposal.

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