Editorial
Death penalty ruling
encourages racism
The Supreme Court s 5-4 decision to uphold the con
stitutionality of Georgia’s death penalty Wednesday is a
grave setback for both non-discrimination advocates and
capital punishment opponents.
The court has upheld the death penalty since 1976. But
studies have shown a distinct relationship between the race
ol the victim and the sentence given to thi; killer.
One of these recent studies, the Baldus study, was the
basis for the defense in McCleskey vs. Kemp. Warren Mc
Cleskey claimed his 14th Amendment right to equal protec
tion of the law and his Eighth Amendment right against
cruel and unusual punishment had been violated with his
death sentence.
I he Baldus study claims that killers of white people are
sentenced to the death penalty more often than killers of
black people. In its decision, the court accepted the study’s
findings as true.
I he problems arose in determining if. in McCIeskey’s
case specifically, discrimination had occurred. In other
words, whether the jurors convicted him because he was
black. The defense was right in its stance that this is next to
impossible to prove.
It would mean breaking the sanctity of the jury room
and entering tin; minds of the jurors to see if they were
motivated by race, said Jack Boger, an attorney for the Na
tional Association for the Advancement of Colored People.
I bis decision creates a messy bowl of porridge for
capital punishment. By restricting the definition of
discrimination in this case, tin; court has placed societal in
fluences over the basic decision of constitutionalitv
In the majority opinion. Justice Lewis Powell assumes
capital punishment is constitutional. He said the case
challenged the validity of capital punishment in our
multiracial society” and ‘‘the principles that underlie our
entire criminal justice system.”
I his narrow view is flawed. Obviously capital punish
ment is tar from perfect when studies, accepted by the court,
continue to show such distinct discrimination.
Powell continued. “It is not the responsibility. . .of this
court to determine tin? appropriate punishment for par
ticular crimes.”
Granted, it is not the Supreme Court's role to pass
sentence. Hut it is its role to interpret the Constitution cast;
by case — without being influenced by outside factors.
Dun of Powell's main concerns was that if this case were
upheld, hundreds of other cases would come forward claim
ing an unfair trial. Hut this evades tin; issue. If discrimina
tion in capital punishment exists, then it should hi* exposed.
Justice William Brennan stressed that in past capital
punishment cases “the risk of imposition of an arbitrary
sentence, lather than the proven tact of one" was enough on
which to base a decision.
Some have called this ruling the “last broad-based con
stitutional challenge to the death penalty." Hut because the
decision was 5-4 . this is not the case. One more vote in favor
of the case would have changed the decision.
I he court is still open to capital punishment oases. Hut
if opponents of the death penalty take a defeatist attitude,
this will be the final ruling.
r
Mtelitbflch
‘<r
N6wS
service
Letters
Survival
i don’t think one can justify
making surrogate parenting il
legal just because problems
have arisen in a very tiny
p e r cen t a g e of s uch
arrangements.
I feel we should leave people
alone who want to engage in
practices to create families.
America would be in better
shape if we cracked down on
destructive, anti-family prac
tices liberals and feminists
generally are so fond of
defending.
Many liberals say we
shouldn’t condemn homosex
uality. Well. I have yet to see
anything positive result from
this practice. Actually, the
negative effects on society,
biology, etc., would easily
justify r e - c r i m i n a I i z i n g
homosexual actions
Another cause near and dear
to the hearts of most liberals is
legalized abortion Ironically,
some of the same people saying
a woman has the right to con
ceive then kill a baby in the
womb feel a woman shouldn’t
be allowed to conceive a baby
(through non-sexual. clinical
means) and carry it for another
Oregon Daily
Emerald
The Oregon Daily Emerald is published Monday
through Friday except during exam week and vacations
by the Oregon Daily Emerald Publishing Co . at the
University ol Oregon. Eugene, Oregon. 97403
The Emerald operates independently ol the University
with offices on the third floor of the Erb Memorial Union
and is a member of the Associated Press
The Emerald is private property The unlawful removal
or use of papers is prosecutable by law
General Staff
Advertising Director Susan Thelen
Production Manager Wayne Michael Lottmville
Classified Advertising Alyson Simmons
Assistant to the Publisher jean Ownbey
Advertising Sales Peter LaFleur Sales Manager
leresa Acosta Janelle Heitmann Catherine Lil|a Rick
Mart.- Joseph Menzel Joan Wildermuth
Advertising Apprentices Tori Boring Heather Mull Bar
bara Rodgers. Julie Paul
News and Editorial 686 5511
Display Advertising and Business 686-3712
Classified Advertising 686 4343
Letter Perfect Graphics 686 6611
Production SJ.4381
Circulation 686 5511
Editor
Managing Editor
Nows Editor
Spectrum Editor
Spectrum Assistant Editor
Editorial Page Editors
Sports Editor
Photo Editor
Spectrum Photo Editor
Graphics Editor
Night Editor
Associate Editors
Community
Politics
Higher Education Administration
University Affairs
Student Government
Student Activities
General Assignment
General Assignment
Michelle Brence
Lucinda Dillon
Michael Rivers
Stephen Maher
Stanley Nelson
Michael Drummond
Angie Muniz
Dennis Fernandes
Maria Corvallis
John Giustina
Lorraine Rath
Michelle Brence
Janet Paulson
B J Thomsen
Chris Norred
Laurie Schwartz
Carolyn Lamberson
Sarah Kitchen
Alicia Gano
Scott Maben
Reporters: Jackie Barry Mary Courtis Gary Henley
Photographers: Sherlyn Rjorkgren Shu Shing Chen Dei
rel Hewitt. Tim Jones. Bobbie Lo. Dan Wheeler
Production: Michele Ross / Ad Coordinator
Supervisors. Sandra Bevans Shu Shmg Chen Eliot
Knight Angela Muniz, Ingrid White
Technicians: Kelly Alexandre Ronwm Nicole Ashton
Virginia Baniaga, Samantha Barbitta, Sara Briscoe, Janet
Emery Judith Gatz Lisa Haggerty. Jung Lee. Donna
Leslie Robbie Lo. Curtis Lott Kelli Mason. Mike McGraw
Rob Miles, Diana Moy. Julie Paul, Michael Wilhelm
Serena Williams, X Kang Xie
couple. No matter how one feels
about surrogate parenting, this
must seem strange to anyone
but the liberal mind.
I find myself in agreement
with Richard Sharvy’s letter
(OI)K. April 1) and the state
ment “scratch a liberal, and
you II find a totalitarian
underneath.”
Many liberals hate regulation
when it applies to their causes,
but champion it when it applies
to activities they disagree with.
Ironically, most of the stands
liberals take are harmful to the
family and to American
survival.
Michael Cross
(Graduate
Political science, history
Empowerment
The University has one of the
most powerful student govern
ments in the country. The stu
dent incidental fee is one of the
tools through which students
empower themselves to direct
their ow n ed u c a tio n
experience.
The Oregon state legislature
authorized the student inciden
tal fee to provide for the
“cultural and physical develop
ment" of students. This was
meant to provide students with
funding for a wide range of ac
tivities that will aid students in
their development
Ibis is the most important
aspect of the incidental fee. To
require all students to agree
with every group receiving in
cidental fees would be absurd
and impossible.
lames Randall, Laura Romano
and Ron Munion have filed a
Letters Policy
The Emerald will attempt to
print all letters containing fair
comment on topics of interest to
the University community
letters to the editor must be
limited to 250 words, typed,
signed and the identification of
the w riter must be verified when
the letter is turned in The
Emerald reserves the right to edit
any letter for length or style Let
ters to the editor should be turn
ed into the Emerald office. Suite
JOO. EMU
petition with tin? ASUO Con
stitution Court in an attempt to
stop OSPIRC from receiving in
cidental fees. Their argument
states that they do not agree
with OSPIRC and therefore it is
unconstitutional that they
should have to fund OSPIRC.
If every student had the
power to fund or not to fund,
student groups would probably
not get enough funding to sur
vive, This is why the IFC was
created in the first place, to
make sure that a wide range of
student groups could receive
fair funding if they fit IFC
guidelines.
If these students win this
case, it will undermine the IFC
process and take away students’
rights.
Tim Gross
OSPIRG local board
chairman
Get the facts
Michael Kennedy, identified
as a member of Gay and Lesbian
Alliance's board of directors
(Kmerald. April 9). SHOULD
CKT HIS FACTS STRAIGHT!
He claims Dr. Paul Cameron
has a Ph.D. in theology.
WRONG! Paul Cameron, chair
man of the Family Research In
stitute, holds his PhD. in
psychology and he also has an
M A. in sociology.
Dr. Cameron has appeared on
various national news talk
shows discussing homosexuali
ty {biological, psychological
and sociological aspects). AIDS
and proposed legislation he and
members of his organization
have successfully fought
against. His organization is
made up of doctors, profes
sionals from the social science
field and others desiring the
truth to get out to the public.
I m surprised Kennedy could
have made such a mistake. After
all. Dr. Cameron has been label
ed the most dangerous threat to
tin1 gay rights movement by
many of his opponents He must
be doing something right.
Gina Norens
Kugene