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MARCH 2013 First Friday VOLUME 18 News & Views ISSUE 3 THE MONTHLY NEWSLETTER THE FREEDOM TO DIE BY GUN VIOLENCE OF THE By Jonathan Wilson FIRST FRIDAY The nation’s founders and constitutional authors were masterful in the art of crafting compro- BREAKFAST CLUB, INC. mise and drafting constitutional principles. They were, however, prisoners of their time and lim- ited by the facts existing and known to them. Case in point, the Constitution they fashioned made the president Commander in Chief of the “Army and Navy of the United States.” No men- INSIDE tion of the Air Force. There were no airplanes. The only things that flew back then were birds, hot-air balloons, and -- with a nod to Benjamin Franklin -- kites. Even so-called strict construc- Sean Strub by Bruce tionists have had no apparent difficulty constitutionally recognizing the expanded US military to 2 Carr include the Air Force. That they get with no problem. The facts changed; military capabilities changed; the military needs of the nation changed; and no one with a brain worth two cents in Django Unchained Mov- change has suggested that a constitutional amendment is necessary to make the Constitution en- ie Review by Gary Kauf- 3 compass those changes. Rational, contextual interpretation of the Constitution works quite satis- man factorily there. Enter the so-called debate over the right to bear arms under the Second Amendment to the US Constitution. It’s short and warrants quotation: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be in- Briefs & Shorts 3 fringed.” (Emphasis added) It was written in a time when guns were single-shot muskets. Mass murders by a lone gunman, like airplanes, did not exist. By its very terms the Amendment refers to a well regulated militia being necessary to the “security of a free State” -- not the security of a The FFBC Story by Jona- 4 free people. It was to protect the State (from someone or something -- I’m coming to that), not to than Wilson protect the people from the government. Whatever else you might say about the founders, they were not slouches when it came to drafting. They knew the difference between the United States and a “State,” and the difference between “State” and From the Pastor’s Pen: “people.” God, An Encounter with The Constitution, 5 Here some historical context might be helpful. When Evangicals by Rev. Jona- the Amendment was drafted, independence had already than Page like the Bible, should been won, the individual states were in place and func- My M.O. by Steve Person 6 tioning, and the founders were trying to find something be read rationally to improve upon the Articles of Confederation. Now get this: there was slavery at that time, principally in south- and in context. ern states. Occasionally slaves would run away and, because of their living conditions and their sheer num- bers, there was an abiding fear of a slave uprising. Individual states had “well regulated militias” CALENDAR in place for the purpose of hunting down runaways and protecting against a potential slave rebel- lion. That way individual slave owners didn’t have to trouble themselves with such pursuits. In ÇThe next FFBC meeting is short, those well regulated militias were necessary to protect the status quo. In short, the Second 7:00 A.M., Friday, March Amendment is a remnant of our shameful history of slavery. Happy Black History month. 1, 2013, at Hoyt Sherman Place, 15th & Woodland, Gun advocates would have us believe that the debate is about the right to go hunting or the Des Moines, IA. right to self-defense from intruders. Everyone, themselves included, knows better. It’s not ÇR.S.V.P. by February 27th to about either of those rights and no one has proposed anything that would compromise either of JonathanWilson@ them. Gun advocates would have us believe it’s about hunting and repelling intruders not be- davisbrownlaw.com or cause it is, but because it expands their base of support and masks what their take on the Second 288-2500 by phone. Amendment is really all about. (Continued on page 2) released on appeal from a Black Hawk County five-year jail sen- Freedom to Die... (cont.) tence for an HIV “crime,” who spoke briefly about his case. Advocates for unrestricted access to assault weapons want Rhoades is one of the three interviewees in Strub’s film. the amendment to read: “Being necessary to maintain the free- Listeners in the room paid close attention as Strub went on to dom of the people from oppressive government, the right to discuss the current legal dangers of disclosing HIV status: “Take keep and bear arms shall not be infringed.” That is, of course, the test and risk arrest” is, unfortunately, a powerful slogan. We not what the Amendment says. Not even close. need to contact legislators and urge their action to de-criminalize HIV, to repeal laws created in the fearful and ignorant last dec- The diehards are, in truth, anarchists. Fueled and funded by ades of the last century, and thus make honesty a considerable fear-mongering purveyors of guns and ammo, they are con- option. Strub also talked about HIV transmission, pointing to vinced that there’s a real threat of government oppression, and studies which show that viral load is the key marker here: a per- an armed citizenry is what will prevent it. The logical exten- son whose viral load is undetectable cannot transmit the virus, he sion of that reasoning would support unfettered citizen access said. to weaponry equivalent to that used by the government. It is, = = = = = = = = = = after all, folly to take a mere knife to a gun fight, or a mere Sean Strub, a pioneer expert in semi-automatic assault rifle to a fight against tanks, killer mass-marketed fundraising for drones, chemicals, and tactical bombers. No wonder they ar- LGBT equality, began his political gue so unapologetically for preserving unfettered access to career as a page in the Iowa legisla- those assault weapons. They see their position as a compro- ture. He was a long-time member mise!! of ACT UP in New York. In 1981 It would be a baby step in the right direction if we could Strub persuaded playwright Tennes- require background checks in 100% of lawful sales; bad guys see Williams to sign the first fund- (some of whom I’ve heard interviewed in the continuing de- raising letter for the Human Rights bate) may still be able to get guns, but it will be more difficult Campaign Fund, and in 1989 he and more expensive. If we could eliminate assault weapons asked pop artist Keith Haring to and large ammo clips, I’d be willing for the government to is- create a logo and poster to launch sue a single-shot musket to every adult citizen. HRC’s National Coming Out Day. The Constitution, like the Bible, should be read rationally In 1990, he ran for the U.S. House and in context. If only gun advocates would read the Second of Representatives -- the first open- Amendment and their Bibles with the degree of enlightenment ly HIV+ candidate for federal office they apply to the Air Force and the Constitution. As said by in the U.S., and in 1991 he was one James Russell Lowell, “Time makes ancient good uncouth; of the AIDS activists who erected a giant condom over then-US they would upward still and onward who would keep abreast of Senator Jesse Helms's house in suburban Washington. In 1992 truth.” Strub produced the off-Broadway play The Night Larry Kramer Kissed Me, written by and starring David Drake. In 2009 he was president of Cable Positive, the cable and telecommunications Sean Strub industry's AIDS response; in 2010 he helped launch the Positive Justice Project at the Center for HIV Law & Policy; and in 2012 By Bruce Carr he founded The SERO Project. Strub is also a co-owner of the historic Hotel Fauchere Our guest speaker on Friday, February 1, was Iowa native (www.hotelfauchere.com), a luxury boutique hotel in Milford, Sean Strub, writer and activist who founded POZ and several Pennsylvania, where he lives. The hotel was founded in 1852 and other magazines; a long-term HIV survivor, Strub is an out- restored in 2006. Strub’s books include Rating America's Cor- spoken advocate for the self-empowerment movement for peo- porate Conscience (Addison-Wesley, 1985), a guide to corporate ple with HIV/AIDS. social responsibility, and Cracking the Corporate Closet Strub showed us the short documentary film HIV Is Not A (HarperBusiness, 1995). Crime that he created in 2011 (available on YouTube at www.youtube.com/watch?v=iB-6blJjbjc), as a prelude to outlining his campaign inaugurated last year against the long standing criminalization of HIV: The SERO Project www.theseroproject.org. He noted that a majority of states He who cannot love must learn to flatter. Goethe in the U.S. have enacted HIV-specific statutes (which make persons indictable upon even the suspicion of sero- positivity), as well as laws through which criminal penal- ties for other charges can be increased if sero-positivity is judged present. Also present at the meeting was Nick Rhoades, currently Three may keep a secret, if two of them are dead. Benjamin Franklin A fool hath no dialogue within himself; the first 2 thought carrieth him without the reply of a second. George Savile Django Unchained joy to encounter.

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