Wednesday, July 16, 2008

Constitutional Right to Marry

The following text is an excerpt from the Oxford Guide to American Law edited by Kermit Hall, 2002 p 542

"Constitutional protection for the right to marry dates from the civil rights movement of the 1960s. Loving v Virginia (1974) called marriage a "fundamental right," the rational of the case is unclear because the statute also involved an explicit race based rule. Zablocki v Redhail (1978) defined the constitutional status of the right to marry more clearly. The Supreme Court reiterated that marriage is a fundamental right, which means that rules denying access to marriage must be substantially related to important state interests." (bold added)

The question is this: What important state interests exists that allow marriage for one group (heterosexual) on the one hand, and deny marriage for another group (homosexual) on the other? 

Has the State of California proved any such "important state interests?" I think not.

The challenge is reaching the masses with a simple message.
And that message is this: "Marriage is a fundamental right."

enough said. 

Censored by Apple Computer

I have just been censored by Apple Computer.

I started a new folio of artwork in 2005 that was bluntly interrupted when I was bodily injured by a Brinks truck. Now, in 2008 I am just now able to complete and bring this work to market. There are 25 works in all. They are single, double, and triple nude male figures in various poses and compositions. While I understand this work is not meant for everyone, it is not intended for everyone.

I sent my print order to Apple Print services to get a sample book printed. The layout had text on the cover and a few lines of text on the first text page and some on the very back, all using their template. The rest of the book was the pictures of these completed works.

On July 14, 2008 I received an email from Apple Photo services telling me that my order had been cancelled. The reason they gave was this: "The text on one or more pages was cut off."
I sent a reply query stating that my book had no text other than as described above and was not sure what they meant, since the book was all pictures, not text.

So today, July 15, I get back this reply email from an Apple guy named "Patrick and I'll be assisting you" which says in part "upon carefully examining your order, the printer identified what we deem to be inappropriate content. As a result, your order has not been processed and you have not been charged. I am very sorry for any inconvenience and I apologize for the printer not providing the correct information."

I just responded to Apple Representative "Patrick and I'll be assisting you" as follows:

"So I am being censored by Apple computer for printing a sample art book because the printer deems the content inappropriate. I would like you to explain to me specifically how the content is "inappropriate" and for whom it is inappropriate and who decided. Short of that, I expect my order to be filled as placed."

I haven't received a cancellation of the second order, but was told to expect one by Apple Representative "Patrick and I'll be assisting you".

As an artist who has used Apple products for years and years, and even used Apple products in the creation of these works, I find Apple's censorship "inappropriate."

Apple sells and allows songs with explicit lyrics on iTunes, which are publicly available to millions everyday and they don't censor that audible content. I want a single sample book that would, for now, just be seen by me, and Apple sees fit to censor my visual content, my art? Does this mean that Apple thinks it is OK to 'hear' but not 'see' what they deem inappropriate content?

Does this also mean that Apple will not sell me an iPhone because I will put this Apple censored content on their phone? Or that I will not be allowed to buy a new Apple Computer to make this inappropriate content? Let's hope that they haven't yet developed the technology to live search your computer and iphone. Give them time though, they will.

stay tuned...