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Tuesday, July 1, 2003
Oregon Daily Emerald
COMMENTARY
Editor in Chief:
Brad Schmidt
Managing Editor
Ian Tobias Montry
EDITORIALS
Supreme Court
sodomy ruling
reaffirms rights
Those in the gay and lesbian community received perhaps
their biggest triumph in the IJ.S. Supreme Court last week
when justices proclaimed that the government should not in
terfere with sexual activities occurring behind closed doors.
This general assumption has long since been accepted
by society with certain exceptions, most of which have to
do with sexual crimes. In Texas, the state whose law was
contended in the 6-3 ruling, sodomy was a prosecutable
violation. With the landmark ruling, gays and lesbians can
now practice in any part of the country virtually any sexual
act they deem fit, which is exactly as it should be.
Sexual activities are clearly part of human nature and so
cietal standards should reflect that. To be able to proudly
proclaim one's sexual orientation in public, but not to be
able to practice what one preaches within the confines of
one's home, is absurd.
Yet Justice Antonin Scalia wrote a lashing dissenting
opinion, saying the decision "effectively decrees the end of
all morals legislation," and added the court has "largely
signed on to the so-called homosexual agenda." Further
more, Scalia noted, the decision all but opens the door to
homosexual marriages.
To the dissent, we respond: Sexual orientation, many would
say, is inherited, not learned. This country touts its anti-dis
crimination laurels, yet three members of the Supreme Court
were ready to pass moral legislation that discriminate againts
those with different traits and beliefs from them? How so?
As to whether the Supreme Court has indeed signed
onto a homosexual agenda, or whether the decision will
lead to gay marriage, we ask this: So what?
I lomosexuality is an accepted lifestyle, more and more
so each day. While a handful of society may adamantly op
pose that lifestyle, the Supreme Court showed last week
that it is ready to get with the program.
The Supreme Court got it right — homosexuals deserve
the same rights as heterosexual America, on the streets and
in the sheets.
SB 10 will help
needy students
The current Oregon legislative proposal that would grant
in-state tuition to illegal aliens under certain circumstances is
a great step toward providing equal education opportunities.
Senate Bill 10 would allow illegal aliens in Oregon to pay
in-state tuition if they have lived in the state for at least
three years during high school and plan on becoming citi
zens or legal residents.
The bill is a legitimate idea for two reasons: First, the law
would help Oregon in the long run by providing more ed
ucation options for people who otherwise would have a
difficult time affording tuition, thus creating a more edu
cated populace. Second, it is unreasonable to assume illegal
aliens would take advantage of the law, especially consid
ering they must fulfill very specific criterion to qualify.
The bill's main detractors say the bill would be too cost
ly, draining $780,000 from the state in lost tuition funds.
This criticism is hilarious considering the Legislature has
failed to demonstrate any care whatsoevei about how
much funding education receives or loses.
We urge Oregon lawmakers to pass this legislation and help
a growing pool of potential students become educated and
eventually contribute back to Oregon's snuggling economy.
EDITORIAL POLICY
This editorial represents the opinion of the Emerald
editorial board. Responses can be sent to
letters@dailyemerald.com. Letters to the editor and
guest commentaries are encouraged. Letters are limited
to 250 words and guest commentaries to 550 words.
Authors are limited to one submission per calendar
month. Submission must include phone number and
address for verification. The Emerald reserves the right
to edit for space, grammar and style.
A DEADLY MISTAKE
Jan Tobias Montry
Unsatisfied customer
During a routine traffic stop last month,
Portland police officer Scott McCollister
shot and killed 21-year-old Kendra James,
a black woman wanted for failure to ap
pear in court on drug possession charges.
James apparently provided a sufficiently
life-threatening situation as she attempted
to climb into the driver's seat and drive
away that McCollister felt it necessary to
use deadly force.
In other news, it's great to hear we've re
gressed to a time when the dastardly act of
trying to flee a traffic stop is worthy of po
lice execution, and unreasonable use of
deadly force is punishable with a simple
slap on the wrist. Portland Chief of Police
Mark Kroeker, along with Portland Mayor
Vera Katz, announced last week that Mc
Collister would be suspended for a
"lengthy" period of time. "Lengthy" is tra
ditionally a magnanimous 30 to 60 days,
according to what police officers have told
The Oregonian.
But I won't sit here and rant about how
disgusted and bitter 1 am about the state of
affairs in Copland without telling both
sides of tire story. I am, after all, a reason
able and open-minded guy, and perhaps
the shooting was justified. So here goes:
McCollister said that 80 percent of his
body was inside the car as he was trying to
pull James out of the back seat, and it was
at that point when she climbed into the
driver's seat and turned on the car. McCol
lister said the car then started rolling and
that he feared it would drag and kill him.
In the insanity of the moment, he decided
it was then prudent to shoot her.
What's missing here is one vital point:
How did shooting James possibly remedy
his situation? McCollister said he fired the
shot as he was falling out of the car; a state
ment which begs the question of how
killing her would have stopped the car from
moving or somehow made him land more
softly on the ground. Obviously he survived
falling out of the rolling car, so it's reason
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able to say he would have survived falling
out of the rolling car without shooting
lames. In retrospect, one could say lames
did pose a threat of accelerating the car for
ward at a high speed, but it is unclear
whether she could even reach the gas ped
al. McCollister told investigators that the
"car began to go," which could either mean
it was rolling or that she was accelerating.
As if the shooting wasn't outrageous
enough in itself, however, the whole deba
cle gets even more fishy when considering
events that transpired before and after the
shooting. According to the police report
on the shooting, the whole operation was
a huge, inept mistake because the other
two officers and McCollister had no game
plan on how to get James out of the car,
and the officers somehow failed to subdue
James inside the car with pepper spray and
atasergun.
After the shooting, the report revealed,
McCollister handcuffed the wounded
James and left her unattended and bleed
ing on the ground outside the car. She later
died of the single 9-mm shot to her hip.
I won't pretend I know what it's like to
be a cop. Officers are out there on the
streets everyday protecting law-abiding citi
zens from the evils of the world, and
whether or not I especially agree with their
tactics sometimes, I firmly believe in a
strong police force being necessary to
maintain a working democracy. An anar
chist I am not. However, a police force
should obviously have limits, and account
ability should be a top priority to ensure
the trust of the public. That being said, 1
also believe officers should be able to use
deadly force if absolutely necessary with
out fearing unreasonable punishment.
But in this case, McCollister should have
handled the situation differently. Given the
circumstances, McCollister had two op
tions: Fall out of the car — like he did —
without shooting the girl, or attempt to en
ter the car completely and subdue James,
which doesn't seem too farfetched consid
ering McCollister said he had 80 percent of
his body already inside. Regardless of how
he could have handled the incident, it was
wrong of him to fire his weapon when he
was off balance and falling out of the car.
The James incident goes to show that per
haps the police department needs to review
its training procedures or revamp its poli
cies on deadly force — anything to show
the public that its actually cares what hap
pened — and McCollister should at the very
least be fired and indefinitely barred from
police duty.
Contact the managing editor
at janmontry@dailyemeraid.com.
His opinions do not necessarily represent
those of the Emerald.
LETTER TO THE EDITOR
Personal responsibility
part of riot solution
This is in response to the June 26 edito
rial ("W.U. Task Force ideas don't do much
to solve recurring riot problem," ODE). I
think the editorial board mistakenly takes
the responsibility to riot or not to riot out
of the participant's hands. To say that any
training in legal repercussions goes right
out the window once a student starts to
drink is foolish and dangerous.
Drinking or being intoxicated in no way
should or does remove a person's respon
sibilities as a citizen of a community. A
firm commitment to do what is right be
fore one starts to drink is the most effective
method of controlling oneself.
To cunent students and incoming fresh
men: Don't be fooled by the old wife's tale
that you have no control when drunk. You
do. If you don't it is because you chose not
to. Although, if you have not made up
your mind how you will conduct yourself
while drinking, don't expert to be able to
decide while you are intoxicated.
I propose that a contract be drawn up
for personal responsibility sponsored by
the West University Task Force, the ASUO,
the University and any other group that
would like to sign on. This contract would
outline a commitment to decent behavior
and personal responsibility. Signing
should be voluntary and come with a pres
tige of being a responsible partier and
should not be worded as to prevent any
one of a particular age from signing.
I think a call to personal responsibility
is a significant part of the solution for
stopping riots, not just more patrols and
definitely not loosening of personal
responsibility.
Gabrielle Guidero
senior
geological sciences
ONLINE POLL
Each week, the Emerald publishes
the previous week’s poll results and
the coming week’s poll question.
Visit www.dailyemerald.com to vote.
Last week: What do you think of the
West University Task Force’s findings?
Results: 16 total votes
Mostly bad ideas — 43.8 percent
or 7 votes
Leave me alone! — 25.0 percent or 4
votes
Adequate ideas -12.5 percent or 2
votes
All bad ideas -12.5 percent or 2 votes
All good ideas—6.2 percent or 1 vote
Mostly good ideas - 0 percent or 0 votes
This week: Should Oregon’s non-legal
aliens graduating from high school be
given in-state tuition rates?
Choices: Yes, if they want education,
it should be adequately provided; Yes,
they’ve lived in Oregon long enough
regardless of citizenship; No, they
should still pay out-of-state tuition;
No, they should be deported; Leave
me alone!