Share the Road

Mushroom Run

After I finally put up a post about all the rain on Saturday, the sun was out Sunday.  So I really had no more excuses for not doing a run.  Besides, I figured there'd be lots of mushrooms. 

There were.   This one looked like a golf ball on the moss. 

They were all over the place but I was supposed to be running so I limited my stops to take pictures to within ten feet of the trail.

This one was just emerging.

This one is clearly a young amanita before it opens and looks like a pizza.






















I'm not sure what made these markings, but they rubbed off, so they weren't part of the mushroom itself. 

Here you can see these mushrooms all over the place.  Those white spots in the back left is a long line of mushrooms too.

And while most attention is on road construction during the summer, at least one of the bike trails got new surfacing as well.  This is along Northern Lights just east of Goose Lake. 

Yamaya Seafood - Downtown Hidden Treasure

After the Energy Fair Saturday, our wives met us at Yamaya Seafood Restaurant. 

It's hidden behind the Holy Family Cathedral between Fifth and Sixth Avenues downtown.  The front door faces west onto the parking lot and it's easy to overlook from 6th. (It's 825 W between H and I.)

We try to stop in here when we're looking to eat downtown and we remember it's here. Saturday, when my clothes were wet from biking in the rain, the hot tea was great.




I had the broiled eel dinner.  That's a taste I acquired in Hong Kong.  I'd challenge anyone to order it when they're at a place that prepares it well.  The idea might stretch your boundaries, but I suspect most will appreciate its rich flavors. 

While it's not exactly like being in Japan, it isn't like being in Anchorage either. 

The owner told us how she came to Alaska 30 years ago and it took a year to fix up this building so they could open the restaurant.   One of her granddaughters served us and a grandson was working there too.

Anchorage Renewable Energy Fair - What About Rain Power?

JL and I rode our bikes back along the Coastal Trail through the rain to the Anchorage Renewable Energy Fair on the Parkstrip.  JL knows everything there is to know about electricity and has been bending my ear about geothermal for a long time now. 

We pushed our bikes along.  He has just resuscitated his bike after 20 years and doesn't have a lock yet.  I had a lock, but I'd left my keys at home.  I also hadn't put the fender over the back wheel so my seat was pretty wet from wheel spray.  So I stopped here long enough to take this picture.  Is Weather Climate? It was a good question and I wasn't completely sure I knew the answer, so I checked today   NASA has a long page on this that begins with:

The difference between weather and climate is a measure of time. Weather is what conditions of the atmosphere are over a short period of time, and climate is how the atmosphere "behaves" over relatively long periods of time.

 Electric motorcycle anyone.  As much as I like the idea of a silent motorcycle, my guess is that the noise is one reason people buy them. 

 I really didn't want to push my bike around the whole time, so I asked if we might leave them at this booth.  The guy pointed across the way to where BCA was providing bike parking.

 These are the folks who were providing free coffee and muffins last week when I rode to the court room for an early hearing. 

 JL got to talk to some folks about wind turbines.  He's got a specific project in mind, but is concerned about reliability (it's an expensive to reach spot) and ability of the turbine to withstand high winds.

They had a turbine that had survived 200 mile/hour winds in Antarctica.

REAP is the organization that sponsored the fair, if I understand it right.  Since it was still raining, getting under the tents was a good incentive, but I my clothes were wet from the bike ride and I was getting colder. 

There were lots of different products and ideas floating around.  But it was clear to me that a lot of people have taken renewable energy and a clean planet seriously.  Here they had stains that were billed as environmentally safe.   I couldn't find their website to link to.

The obligatory T shirts were for sale.











The solar panels on display were decorated with raindrops.  

 This is a storage battery from Outback, a company from Washington State, which sells in Alaska mostly to people with off grid remote cabins.  It can connect to solar panels, micro-hydro, or wind turbines, and probably bicycles too. 

 I stopped to talk to folks here simply because I think, based on hearing KSKA's Bioneer show, that this organization has managed to focus on the perfect mix of science, passion, vision, and practicality as they pursue how we get to a more sustainable and livable future.  Their Anchorage conference is

7th Annual Bioneers in Alaska:
Creating Sustainable Communities
University of Alaska Anchorage, October 15-17, 2010

AKPIRG, the Alaska Public Research Interest Group, an affiliate of the Pirgs all over the US started by Ralph Nader,  also had a presence.  Director Matt Wallace was available to answer questions about AKPIRG's interests in renewable energy.

Rainy Summer

We had about double our normal July rain.  But it isn't about how much rain we get - double means a little over 3" for the month.  Parts of Iowa had 3-5 inches in 24 hours in June and in Jamangar in India's Gujarat state, almost 3 inches fell in 2 hours in July.  But in Anchorage that 3 inches was spread out over most of the month.  So, how many days of rain is as important to know as total inches.  

And August has been much the same.  But nevertheless, my nasturtiums are starting to bloom.  And we've had breaks in the clouds.

And, of course, rain means mushrooms.  Best as I can tell, these are a kind of coral fungus growing in our yard.  The biggest are under two inches.  My Audubon Field Guide to North American Mushrooms  (the link goes to a cool section of the book with mushroom silhouettes that make it easier to find the mushrooms) says:

Coral fungi resemble pieces of underwater coral, and are club-shaped to many-branched, white to yellow, ochre, orange, pink, red, or purple.  Most grow on the ground, some on logs and stumps, and all seem to be most plentiful in late summer and fall in coniferous woods.  Many coral fungi are eaten and, although a few are known to cause a laxative effect or gastric upset, no serious poisonings have been reported. 

So, when I got a call asking if I wanted to meet a friend on the Coastal Trail, I jumped at the chance.  But even the ducks were trying to get out of the rain.

I don't recall doing this trail by bike in the rain before.  It's a little less crowded and it felt good to ride.


Since he had started at Kincaid, and I started at home, we met up around Pt. Woronzof and then went back (for me) toward downtown.













The trail is what is sometimes called a multi-use trail. It goes right near the north-south runway at the airport and you're sharing the trail with 747's. 

JL saw a moose and two calves between Kincaid and Pt. Woronzof.  I saw Sandhill Cranes out of the mudflats.

The Family is Doomed

A footnote to yesterday's post on separating blog life and private life.  I started reading White Like Me in anticipation of Tim Wise's visit to Anchorage September 13, 14, 15. In the preface he quotes Polish poet Czelslaw Milosz,

"When a writer is born into a family, the family is doomed."

 He goes on,

I hope Milosz exaggerated, but in any event, I should now warn my family members, to whom I did not provide any of this material as I was writing it, before you go any further:  what follows will not always be easy to digest.  Some of it, in fact, will be painful, and not because I am trying to hurt you, but because I am trying to tell the truth, and the truth is sometimes unpleasant.  If it is any consolation, the parts that will make you uncomfortable were as difficult for me to write as they will be for you to read.  But they were necessary to this story, my story, and the larger story of what whiteness means.

Fortunately my ego is such that I don't think there's anything I could write that would be important enough to risk damaging relationships with my family members by writing something about any of them without their approval or at least consent.


A footnote to the another recent post which mentioned that Kenny G tickets in Anchorage started at $84 ($80 discounted).  In today's Anchorage Daily News they are down to $50.  I'd like to think this reflects well on the taste of Anchorage folks, but it's possible that this price was always the Ticketmaster price and I just found other, more expensive, ticket sites.    If so, that should be a warning to be careful when booking tickets on line. 

Separating Private and Blogging Worlds

I tend not to drag family and friends into the blog, but sometimes it would feel almost dishonest to not mention that I'm visiting say, my mom, but I try to do it in passing.  Sometimes there are milestones I really want to share with readers who know my family or friends, because it affects, to an extent, what I'm thinking and feeling.  However, sometimes the person involved will say something like, "Your private and blogging lives should stay separate."  So I won't mention that someone I know got approval of an important document and now moves on to a new stage in life.  And I'm delighted and pleased and proud. 

"A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION"

That seems to be a major reason why US District Court Chief Judge Vaughn Walker ruled today that Proposition 8, the initiative approved by voters in November 2008 to outlaw same-sex marriages in California, is unconstitutional.   I'm not an attorney and I haven't yet read all of the decision carefully, but that seems to be the underlying theme.

Most people only know about major court rulings from bumper sticker-like headlines and soundbites.  The people with the loudest opinions are often people who haven’t read the court decisions.  And it’s not always easy to do that.  But the internet today makes finding them a cinch.  Reading through them is a little harder.

So, I’m going to post some excerpts from the conclusions of law from today's ruling.  
[Other sites have posted the conclusion.]  Specifically where the judge goes through the Prop 8 proponents’ arguments for why the State of California had a compelling interest to ban same-sex marriage.  In each case he says something like “the evidence shows beyond debate” or “These purported interests fail as a matter of law”. 

There's little doubt this case will be appealed to the 9th Circuit Court of Appeals (which includes Alaska) and then to the US Supreme Court. 

[Note:  People daily hear terms they recognize, but have no real grasp of what they mean, like, an acre.  I've made links to two terms above - US District Court and 9th Circuit Court of Appeals.  If you can't write down a description of, or orally explain, how they relate to each other and to the State and Federal Constitutions, you probably should stop reading this and go look them up so you understand the whole context of this.]

First, here’s the table of contents of the ruling:

TABLE OF CONTENTS

BACKGROUND TO PROPOSITION 8.............…………………...1

PROCEDURAL HISTORY OF THIS ACTION..........……………. 3

PLAINTIFFS’ CASE AGAINST PROPOSITION 8........…………. 5

PROPONENTS’ DEFENSE OF PROPOSITION 8.........………...... 6

TRIAL PROCEEDINGS AND SUMMARY OF TESTIMONY...…10

CREDIBILITY DETERMINATIONS...............…………………….25

PLAINTIFFS’ WITNESSES...............……………………………....25

PROPONENTS’ WITNESSES...............…………………………....35

FINDINGS OF FACT....................…………………………………..54

THE PARTIES....................……………………………………….....54

WHETHER ANY EVIDENCE SUPPORTS CALIFORNIA’S
REFUSAL TO RECOGNIZE MARRIAGE BETWEEN TWO
PEOPLE BECAUSE OF THEIR SEX……………………………....60

WHETHER ANY EVIDENCE SHOWS CALIFORNIA HAS
AN INTEREST IN DIFFERENTIATING BETWEEN SAME-SEX
AND OPPOSITE-SEX UNIONS…………………………………....71

WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8
ENACTEDA PRIVATE MORAL VIEW WITHOUT ADVANCING
A LEGITIMATE GOVERNMENT INTEREST................………….85

CONCLUSIONS OF LAW...................………………………….... 109
    DUE PROCESS....................………………………………….....109
    EQUAL PROTECTION..................... ………………………..…117
CONCLUSION.......................… ………………………………...,. 135
REMEDIES........................... ……………………………………....136

The excerpts  (the . . . indicate that the text continues on) are from pages 123 - 131 of the ruling.  This comes after the finding of facts and at the end of the conclusions of law, just before the conclusions.

Again, this is the section where the judge analyzes each argument made by the proponents of Prop 8 for why the State of California has a compelling reason to outlaw same-sex marriage: 

PURPORTED INTEREST #1: RESERVING MARRIAGE AS A UNION BETWEEN A MAN AND A WOMAN AND EXCLUDING ANY OTHER RELATIONSHIP 

Proponents first argue that Proposition 8 is rational because it preserves: (1) “the traditional institution of marriage as the union of a man and a woman”; (2) “the traditional social and legal purposes, functions, and structure of marriage”; and (3) “the traditional meaning of marriage as it has always been defined in the English language.” Doc #605 at 12-13. These interests relate to maintaining the definition of marriage as the union of a man and a woman for its own sake.

Tradition alone, however, cannot form a rational basis for a law. Williams v Illinois, 399 US 235, 239 (1970). The “ancient lineage” of a classification does not make it rational. Heller, 509 US at 327. Rather, the state must have an interest apart from the fact of the tradition itself.

The evidence shows that . . .


PURPORTED INTEREST #2: PROCEEDING WITH CAUTION WHEN IMPLEMENTING SOCIAL CHANGES

Proponents next argue that Proposition 8 is related to state interests in: (1) “[a]cting incrementally and with caution when considering a radical transformation to the fundamental nature of a bedrock social institution”; (2) “[d]ecreasing the probability of weakening the institution of marriage”; (3) “[d]ecreasing the probability of adverse consequences that could result from weakening the institution of marriage”; and (4) “[d]ecreasing the probability of the potential adverse consequences of same-sex
marriage.” Doc #605 at 13-14.

Plaintiffs presented evidence at trial sufficient to rebut any claim that marriage for same-sex couples amounts to a sweeping social change. See FF 55. Instead, the evidence shows beyond debate that allowing same-sex couples to marry has at least a neutral, if not a positive, effect on the institution of marriage and that same-sex couples’ marriages would benefit the state. . .



PURPORTED INTEREST #3: PROMOTING OPPOSITE-SEX PARENTING OVER SAME-SEX PARENTING

Proponents’ largest group of purported state interests relates to opposite-sex parents. Proponents argue Proposition 8:  1) promotes “stability and responsibility in naturally procreative relationships”; (2) promotes “enduring and stable family structures
 for the responsible raising and care of children by their biological parents”; (3) increases “the probability that natural procreation will occur within stable, enduring, and supporting 
family structures”; (4) promotes “the natural and mutually beneficial bond between parents and their biological children”; (5) increases “the probability that each child will be raised by both of his or her biological parents”; (6) increases “the probability that each child will be raised by both a father and a mother”; and (7) increases “the probability that each child will have a legally recognized father and mother.” Doc #605 at 13-14.

The evidence supports two points which together show Proposition 8 does not advance any of the identified interests: (1) same-sex parents and opposite-sex parents are of equal quality, FF 69-73, and (2) Proposition 8 does not make it more likely that 
opposite-sex couples will marry and raise offspring biologically related to both parents, FF 43, 46, 51. . .


PURPORTED INTEREST #4: PROTECTING THE FREEDOM OF THOSE WHO OPPOSE MARRIAGE FOR SAME-SEX COUPLES

Proponents next argue that Proposition 8 protects the First Amendment freedom of those who disagree with allowing marriage for couples of the same sex. Proponents argue that Proposition 8: (1) preserves “the prerogative and responsibility of parents to provide for the ethical and moral development and education of their own children”; and (2) accommodates “the First Amendment rights of individuals and institutions that oppose same-sex marriage on religious or moral grounds.” Doc #605 at 14.

These purported interests fail as a matter of law. Proposition 8 does not affect any First Amendment right or responsibility of parents to educate their children. See In re
Marriage Cases, 183 P3d at 451-452. Californians are prevented from distinguishing between same-sex partners and opposite-sex spouses in public accommodations, as California antidiscrimination law requires identical treatment for same-sex unions and opposite-sex marriages. . .


PURPORTED INTEREST #5: TREATING SAME-SEX COUPLES DIFFERENTLY FROM OPPOSITE-SEX COUPLES

Proponents argue that Proposition 8 advances a state interest in treating same-sex couples differently from opposite-sex couples by: (1) “[u]sing different names for different things”; (2) “[m]aintaining the flexibility to separately address the needs of
different types of relationships”; (3) “[e]nsuring that California marriages are recognized in other jurisdictions”; and (4) “[c]onforming California’s definition of marriage to federal law.” Doc #605 at 14.

Here, proponents assume a premise that the evidence thoroughly rebutted: rather than being different, same-sex and opposite-sex unions are, for all purposes relevant to California law, exactly the same. FF 47-50. The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples.



PURPORTED INTEREST #6: THE CATCHALL INTEREST

Finally, proponents assert that Proposition 8 advances “[a]ny other conceivable legitimate interests identified by the parties, amici, or the court at any stage of the proceedings.” Doc #605 at 15. But proponents, amici and the court, despite ample
opportunity and a full trial, have failed to identify any rational basis Proposition 8 could conceivably advance. Proponents, represented by able and energetic counsel, developed a full trial record in support of Proposition 8. The resulting evidence shows
that Proposition 8 simply conflicts with the guarantees of the Fourteenth Amendment.

Many of the purported interests identified by proponents are nothing more than a fear or unarticulated dislike of same-sex couples. Those interests that are legitimate are unrelated to the classification drawn by Proposition 8. The evidence shows that, by
every available metric, opposite-sex couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal. FF 47-50. Proposition 8 violates the Equal Protection Clause because it does not treat them equally. . .

Finally, before going on to the conclusion, which you can read here at Henkimaa, the judge seems to make the point that you can't use personal opinions as the basis of legislation that discriminates against a class of people.

A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION

In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples.
FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. See Romer, 517 US at 633; Moreno, 413 US at 534; Palmore v Sidoti, 466 US 429, 433 (1984) (“[T]he Constitution cannot control [private biases] but neither can it tolerate them.”).

Here's how it's listed:


KRISTIN M PERRY, SANDRA B STIER,
  PAUL T KATAMI and JEFFREY J
ZARRILLO,

Plaintiffs,

CITY AND COUNTY OF SAN FRANCISCO,


Plaintiff-Intervenor,

v

ARNOLD SCHWARZENEGGER, in his
 official capacity as Governor of 
California; EDMUND G BROWN JR, in
 his official capacity as Attorney
General of California;
MARK B
 HORTON, in his official capacity
 as Director of the California 
Department of Public Health and
 State Registrar of Vital
 Statistics;
LINETTE SCOTT, in her 
official capacity as Deputy 
Director of Health Information &
 Strategic Planning for the 
California Department of Public 
Health;
PATRICK O’CONNELL, in his 
official capacity as Clerk-
Recorder of the County of
 Alameda; and
DEAN C LOGAN, in hi s
official capacity as Registrar-
Recorder/County Clerk for the 
County of Los Angeles,

Defendants,

DENNIS HOLLINGSWORTH, GAIL J 
KNIGHT, MARTIN F GUTIERREZ, HAK-
SHING WILLIAM TAM, MARK A 
JANSSON and PROTECTMARRIAGE.COM –
YES ON 8, A PROJECT OF CALIFORNIA
 RENEWAL, as official proponents 
of Proposition 8,

Defendant-Intervenors.

For My DC Readers, The Goldenberg Duo - A Musical Treat

The world works in mysterious ways* and the internet makes it seem more so. There's a concert in DC on August 8, 2010 - the 36th anniversary of Richard Nixon's resignation**:

William Goldenberg, Distinguished Professor of Piano at NIU, and his sister, Susan Goldenberg, violinist in the Kansas City Symphony, have performed as the Goldenberg Duo for 30 years at various universities and performing arts series. On August 8, the Duo will perform at the Smithsonian American Art Museum in Washington, D.C. as part of that institution's ongoing performing arts series.

This comes from The Arts@NIU (Northern Illinois University) website, which probably explains why William Goldenberg, who is a professor there, is highlighted and not his sister, who is not a professor there.  So I'll highlight her here. 

So, what's the mysterious way here?  Well, I never heard of that website until today when someone got to my blog from that NIU post on the concert. At the very end it says:

An excellent review of a 2009 concert by the Duo may be found here.

Clicking on the 'here' above will get you to an April 2009 post I did of one of their Anchorage concerts.  I would distinguish between an 'excellent review' and a 'positive review.'  Excellent review refers to the quality of the review in my mind and while it is pretty good - mainly because of a perfect Richard Musil quote I had just read - I don't think NIU would have linked if it hadn't been positive about the music.   There's also a video from my little Canon Powershot which will give you a sense of the music. 

Anyway, I'd urge my DC readers to consider attending this concert on Sunday.  The Duo have a real musical connection and it should be fantastic.  From the Museum's site:

Steinway Series (Aug 8, 3pm)
Susan Goldenberg, violinist with the Kansas City Symphony, and William Goldenberg, distinguished professor of piano at Northern Illinois University, present an eclectic program including works by Frank Bridge, Samuel Barber, Claude Debussy, and Ludwig van Beethoven.

And it's free!  And air conditioned. 


*I realized as I was typing it that the opening sentence starts with a cliche, and so I thought I should at least find its origin.  Googling only got me uses of it online by other people.  Two quotation sites gave me:

Search Results for “World Works in Mysterious Ways”

No documents match the query.

Methinks that 'mysterious ways' simply means 'ways we don't understand.'  Probability explains a lot of 'mysterious ways' - after all, even though the odds of winning the lottery might be ten million to one, at least one person will buy a winning ticket.  And the power of google increases the odds people will make obscure connections they never would have made in the past.   

**I'd also note that the reason I know the exact date Nixon resigned is that my son was born two days before.  So, if you know him,  wish him a happy birthday Friday. 

Oh yes, one more connection.  I spent two summers at NIU in DeKalb.  That's where my Peace Corps training was. 

Best Dog Blogs Awards

I got an email forwarded from a friend.  His friend's wife's blog (still with me?) was nominated for the  Best Dog Blog.  I guess I got it because I'm a blogger.  They were asking for people to go to the site and vote for the blog.

I have mixed feelings about 'best' anything.  On the one hand it gets attention to different fields - Olympics, Nobel Prizes, World Cup, Academy Awards, Spelling Bees, Miss Universe - but it also artificially creates this idea of 'best' which is pretty hard to judge in most cases, is temporary, and creates more 'losers' than winners.  It encourages some people to work much harder, some to work maniacally, and yet other to cheat and take shortcuts.  I don't think the dog bloggers are in the competitive class of Olympians and they do get  more people to their blogs and a pat on the back. 

Probably the main purpose of these things is to drum up publicity.  The website that is giving out the awards says on the bottom of the page:

Encourage your readers, friends, family to vote for your favorites! The blogs with the most votes will win! Voting will close on August 20, 2010.

Which translates into lots more hits on the site where people vote.  More hits means more ad revenue.  OK, I know I'm a cynic.  This is starting to sound like American Idol. 

I've briefly looked at the Best Pet and Best Dog nominees.  I surely don't have enough knowledge to vote seriously.  (Of course, you can legitimately ask, after all I said, how can I think that there is such a thing as a serious vote?)

I do think the blogs do offer pet owners some useful information on a wide variety of topics from pet health, training, dealing with issues like "taking your dog to college with you."  So, if you are interested, you can check them out and vote.  I won't tell you which one to vote for though.  The email I got said that you have to leave your email to prevent people from voting more than once, but be careful to uncheck the box that says to sign up for the newsletter if you don't want lots of email from them. 

Here's the link to voting page on Dogtime.com.