Equal protection: it’s what we do here at the ol’ USA

The first time I wrote about gay marriage rights here was more than four and half years ago  (“Equal justice for all: the gay rights tide has turned,” Oct. 15, 2010) and the kernel of the argument was already formed:

We can proclaim not to understand why people are homosexual, or embrace a religious belief that homosexual activity is a sin, but none of that matters in a tolerant, secular, civil society.  The experts can’t say why a person is sexually attracted to one gender or the other.  And it violates the rights of due process and free speech guaranteed to each American in the Constitution to treat someone differently because of their sexual orientation just as it would to treat them differently because of their gender or their ancestry.


You don’t have to “understand” gay people any more than you have to “understand” people of a different race or a different religion.  You only have to understand that these people are Americans like you, who believe in American rights like you do, who want to enjoy American freedoms like you do…

This week, history: a 5-4 decision from the Supreme Court of the United States in Obergefell v Hopkins takes its place alongside the great civil rights and civil liberties decisions of American jurisprudence.  The U.S. Constitution guarantees the right of all Americans to civil marriage, and all its advantages and protections, be they heterosexual, homosexual, bisexual, or asexual.  As far as the civil law is concerned this isn’t about sex: it’s about equal treatment under the law.

Homosexual conduct is no longer a civil crime in this country, and thus is no reason to withhold the full rights and exercise of citizenship from homosexuals.  Homosexual conduct is objectionable within many organized religions, to be sure, and virtually all of the opposition to extending the right to marry to gays and lesbians has come on religious grounds.  For the most part I don’t question the sincerity of that religious belief (although it would be prudent to account for the cynical exploiters, primarily from the political realm).

But that’s beside the crucial point, which is that, in this country, civil law is not answerable to religious law.  The First Amendment guarantees that we each and all get the freedom to practice our religions, but also guarantees that none of those religions wields authority directly over civil society.  The Constitution protects us from any majority that would try to force one or another religious doctrine onto everyone—because the Constitution takes religious liberty for all just that seriously—and guarantees that all men and women deserve equal treatment under law.  Despite the nearly hysterical dissenting opinions of some of his colleagues, Justice Anthony Kennedy’s decision didn’t create a new right; it reminded us about a right that’s been there all along…and my friend Mr. Jefferson recognized the rationale by which Kennedy connected the dots (and Peter Foster of the Daily Telegraph reminded via the Twitterverse) long ago:

Obergefell does not mean that First Amendment protections of religious liberties are at risk, despite what you’ve heard.  Some of that reaction is well-intentioned misinformation; most is hot air from right-wing politicians and conservative religious extremists who need a boogieman to scare their supporters into donating money.  (I’m looking at you, Governor Abbott—thanks, Evan Smith for the Tweet-tip.)  In either case, they are wrong.  Religious organizations are exempt from this ruling, as they are exempt from many other laws, like, say, tax laws.  As Lisa Falkenberg put it in this morning’s Houston Chronicle, this ruling has no applicability to individuals in their private lives or to private religious institutions: “It does not keep anyone from judging, or hating, or even just politely refusing to acknowledge gay people.  No court ruling has ever told a pastor whose wedding he or she can bless.  That hasn’t changed.”

It is possible to believe in the religious sacrament of marriage and still accept this court’s decision on civil marriage rights for homosexuals.  Michigan Representative Justin Amash, a Tea Party/Libertarian/Republican, made the point quite nicely this week on Facebook:

Throughout history, different cultures have defined marriage according to their own customs and practices. Christians, Jews, Muslims, Buddhists, Hindus, agnostics, and atheists do not share identical views on marriage. In fact, significant differences regarding marriage exist even within Christianity.

What makes marriage traditional is not its adherence to a universal definition but rather that it is defined by personal faith, not by government. For thousands of years, marriage flourished without a universal definition and without government intervention. Then came licensing of marriage. In recent decades, we’ve seen state legislatures and ballot initiatives define marriage, putting government improperly at the helm of this sacred institution.

Those who care about liberty should not be satisfied with the current situation. Government intervention in marriage presents new threats to religious freedom and provides no advantages, for gay or straight couples, over unlicensed (i.e., traditional) marriage. But we shouldn’t blame the Supreme Court for where things stand.

To the extent that Americans across the political spectrum view government marriage as authoritative and unlicensed marriage as quaint, our laws must treat marriage—and the corresponding legal benefits that attach—as they would any other government institution. So, while today’s Supreme Court opinion rests upon the false premise that government licensure is necessary to validate the intimate relationships of consenting adults, I applaud the important principle enshrined in this opinion: that government may not violate the equal rights of individuals in any area in which it asserts authority. (emphasis added)

The civil right of marriage is open to all Americans.  We must be diligent about making sure that the implementation of this decision protects the First Amendment rights of those with a religious objection to same-sex marriage, keeping in mind that it doesn’t give them the right to ignore the law.  And while we’re at it we should work on getting rid of the laws which still permit discrimination against gay Americans in the areas of housing and hiring and other aspects of day to day life, and any other laws that violate anyone’s right to equal treatment.  Because we’re Americans, and that’s what we do.

In the wake of the Newtown school shooting

Passing along links to what I think are worthwhile reads on the school shooting in Newtown, Connecticut, and the aftermath…

For starters, here’s a dispassionate chronology from the Hartford Courant of just what happened in that school that morning. Just the facts ma’am, as best as they are known at the time.

Adam Lanza blasted his way into the Sandy Hook Elementary School. He fired a half-dozen thunderous rounds from a semiautomatic rifle to open a hole big enough to step through in one of the school’s glass doors.

Once inside, he had to make a choice.

Principal Dawn Hochsprung’s office was straight ahead. To the right, 25 or so children were rehearsing a play in the school cafeteria. To his left were the first-grade classrooms.

Lanza turned left.

The initial reaction of most people is disbelief that such a thing could happen…yet it’s been happening more and more frequently in recent years. In Slate Emily Bazelon wonders, if this doesn’t make us change our attitude about guns, what would?

In the United States, we’re divided, and we have no universal basic knowledge of weapons. We make it incredibly easy to buy the kind of weapons that shoot and shoot again instantly, but we don’t search people at the doors of schools or malls or movie theaters, and we don’t post armed guards in these places. We have the guns without the safety checks. We call that freedom.

Of course there are plenty of people renewing calls for more gun control, for outlawing assault weapons, for some kind of change in the law to make us feel safer. But it’s not just “gun control” people; some pretty staunch gun rights advocates are urging another look at the subject with an open mind.

Joe Manchin III, the pro-gun-rights West Virginia senator who drew attention in 2010 after running a commercial that showed him firing a rifle at an environmental bill, said that “everything should be on the table” as gun control is debated in the coming weeks and months.

David Frum makes a great point about the nuts and bolts part of any change in gun laws: he believes the push must come from outside government, along the lines of what Mothers Against Drunk Driving did to change the culture, to avoid politically polarizing the debate and dooming any chance for agreement.

That campaign should be led from outside the political system, by people who have suffered loss and grief from gun violence. Only that way can the campaign avoid being held hostage by the usual conflict of parties — Democrats who fear that gun control will lose them rural congressional districts; Republicans who exaggerate for partisan gain exactly what gun control would mean.

Gun control should no more mean the abolition of guns than Mothers Against Drunk Driving abolished the car.


Responsible gun owners have a right to their guns. The challenge for the grass-roots gun-safety movement of the future is to focus on the danger posed by irresponsible owners. The goal should be less to ban particular classes of weapons — such a goal puts the law in a race against technology, a race the law will likely lose — and more to change the rules defining who may keep a gun.

Impossible, you say—there’s no way we could change the culture on guns. Well, we’ve done things like this before

To modern sensibilities, the injustice [of lynching] once again seems obvious, as do the solutions: Prosecute lynchers, fight for racial justice, strengthen the rule of law, and mobilize public opinion to condemn rather than excuse outbursts of brutality. And yet it took more than 100 years for lynching to begin to disappear as a feature of American life, and even longer for Americans to fully acknowledge the depth of its horror. In the meantime, thousands of influential people, including many esteemed congressmen and senators, argued that lynching was simply a fact of life, a random act of violence about which nothing could be done. It was not until 2005 that the U.S. Senate, spearheaded by Mary Landrieu, apologized for failing to pass federal anti-lynching legislation, and for leaving hundreds of innocent people to be sacrificed to official inaction.

But just changing gun laws isn’t the answer; we should look at changing not only laws but our attitudes toward mental illness, and be better at seeing the warning signs that disturbed people give before they commit such an extreme act of attention-grabbing.

One reason shooters tip their hands is that they are trying to solve a problem. Though they are often intelligent, high-performing boys, their peers tend to see them as unattractive losers, weak and unmanly. In a school culture that values sports prowess over academic accomplishment, they face rejection. The shooters are rarely loners, but tend instead to be failed joiners, and their daily social experience is full of friction. Since they are almost always mentally or emotionally ill, those rejections — so common in adolescence — take on greater importance and become a fixation. Rebuffed after trying to join friendship groups, they look for ways to gain attention, to reverse their damaged identities.

The shooting is the last act in a long drama: a search for acceptance and recognition. The earlier acts fail miserably. But once a shooter starts to talk about killing people, ostracism can turn to inclusion. Suddenly, he is getting the attention he has been craving.

Help for mentally ill. A change to the culture of guns. David Gergen makes the case that we must take action to honor these dead and do it now or next time the blood will be on our hands.

Some years ago, no one thought that we could change our tobacco culture. We did. No one thought that we could reduce drunk driving by teenagers. We did — thanks in large part to Mothers Against Drunk Driving.

Years from now, no one will note what we say after this latest massacre. But they will hold us morally accountable for what we do. To honor all of those who have been slain in recent years — starting with the first-graders in Connecticut — we should highly resolve to change our culture of guns.

Meanwhile, to some measure of surprise, the National Rifle Association is laying low. Out of respect? Don’t know; they’re not talking.

On Dec. 13, the National Rifle Association’s Twitter account announced a giveaway promotion, thanked its followers for getting its Facebook page up to 1.7 million “likes,” and related a story from Wyoming in which a gunman apparently retreated from a nail salon after realizing one of its customers was “packing heat.” It tweeted the Wyoming case using the hashtag #ArmedCitizen.

On Dec. 14, the day an armed citizen killed 26 unarmed women and children at a Connecticut elementary school, the NRA’s Twitter account went silent. It has not tweeted since. Meanwhile, its Facebook page has disappeared, along with those 1.7 million “likes.” Navigating to www.facebook.com/nationalrifleassociation now redirects to the Facebook homepage.


UPDATE Dec. 18: The NRA ends its silence with this statement.

It’s OK to be away from the blog for a few days

You’re busy at work, and then there’s a holiday…and besides, after all the recent hubbub you just want some time not to think about things too much for a while.  The next thing you know you haven’t posted to your blog in more than ten days and you think you really should write something just to keep engaged—and then, you find the email you sent yourself ten days ago with a link to something you thought was funny, and everything just makes sense:


Thanks, Tom the Dancing Bug and Go.Comics.com