It’s a good news/bad news Friday

The good news comes from the Supreme Court of the United States, which has decided that it will hear arguments on whether or not same-sex couples have a right to marry. This New York Times story summarizes the cases from Ohio, Tennessee, Michigan and Kentucky that are at the heart of an appeal of a decision from the United States Court of Appeals for the Sixth Circuit which the High Nine have now agreed to consider.

The court said it will hear two and a half hours of argument, probably in the last week of April. The first 90 minutes will be devoted to the question of whether the Constitution requires states “to license a marriage between two people of the same sex.”

The last hour will concern a question that will be moot if the answer to the The first one is yes: whether states must “recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state.”

This is very exciting: within just a few months we’ll have a ruling from the country’s highest court on whether same-sex marriage is to be permitted in all 50 states, not just the 36 states and the District of Columbia where it is legal now.

Now, the bad news: the Southern Education Foundation believes that “For the first time in at least 50 years, a majority of U.S. public school students come from low-income families.”  The Washington Post has a good summary of the report.

Half of all public school students in America are poor?  Half?!  (More than half in 21 states; Mississippi at 71% has the highest percentage.)  I find myself surprised by this confirmation of how far the abandonment of our public schools has gone by those who can afford other options.  (Full disclosure: although most of my education was in public schools, I attended and graduated from a private high school.)  A free public education for all was a great example of America’s commitment to a society where everyone has an opportunity to succeed.  We all paid our share for public schools, even those who sent their kids to private school or whose kids had finished school or who never had any kids at all, because it meant a better-educated society and that was a benefit for all of us.

But more and more, people became unhappy with their public school systems.  When the quality of the education declined people got upset that their kids were being cheated out of their futures; in some cases it was court-ordered desegregation that made people unhappy with their public schools.  Many of those who could afford to moved to suburban school districts and took their tax money with them, leaving the city schools with less and less money to spend on teachers and books and buildings.  Which meant even poorer quality education, which prompted more parents to flee, and the cycle continued.

Today people are trying to get voucher laws passed that will in effect allow their school tax money to pay for their kid’s education in private schools, taking even more money out of the system that is the only resort for the poor, the students whose families can’t afford private schools or charter schools or anything other than the old school down the street.

I understand that parents want the best for their children; I get it that despite recent improvements our economy isn’t as strong as it once was and a lot of people don’t have the jobs and income they want and deserve.  Still, I’m saddened at how many people seem to feel that abandoning the greater good for American society—the education of everyone else’s children—is the best way for them to take care of their own.

SCOTUS dumps DOMA: fair, simple, American

Brown v. Board of Education; United States v. Windsor: do they belong together?  Yes they do: today’s U.S. Supreme Court ruling in the Windsor case is just that historic.  In a very specific and non-technical way Justice Anthony Kennedy’s opinion makes clear what the 5-4 court ruling says the Constitution requires: the “[Defense of Marriage Act] is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  You can read the professional reports on the decisions announced today here and here, and elsewhere, but here’s my take:

All people deserve equal treatment under the law.  If the federal government grants certain legal privileges to dual-sex couples who are legally married under the laws of their state, the same privileges must be available to single-sex couples who are legally married under the laws of their state.  Equal treatment; fairness.  The court did not rule on the constitutionality of gay marriage today; it ruled on an issue of equality before the law.  In refusing to rule on the Hollingsworth case regarding California’s Proposition 8, which outlawed gay marriage in the state, it sidestepped ruling one way or another on the constitutionality of gay marriage…perhaps another day.  But that decision does have the effect of re-legalizing gay marriage in California, making it state #13.

In practical terms the Windsor ruling means same-sex couples should be treated the same way as opposite-sex couples when it comes to federal tax law and Social Security and insurance and immigration, all that federal stuff.  In fact there are more than a thousand benefits coming into play here, and McClatchy does a good job summarizing that here.  And for fun, TV Guide summarizes the celebrity reaction to the rulings here.

This is not about what one religion or another teaches about homosexuality; this is about how the civil law treats American citizens regardless of their religious belief, or their gender or their race or national origin.  A religion is free to believe and teach what it wants about the morality of homosexual behavior or same-sex marriage, and its teachings and laws are important to the members in good standing of that particular faith.  But those teachings are not binding on Americans who are not members of that denomination.  The civil law, which orders how we all deal with one another in the secular society outside the confines of our many private clubs, is blind to such moral questions.  States have the right to decide who can “marry” and who can’t, and the federal government has to treat all “married” couples in the same way, regardless of the gender of the spouses.  Simple, really.  Fair.  American.  Congratulations, U.S.A., on another successful day at the office.

Stand by for American history

The United States Supreme Court hears arguments this week in two cases involving same-sex marriage that could make civil rights history.  For those who can get beyond a knee-jerk reaction to the very idea of same-sex marriage, who are interested in the nuts and bolts of how the court operates, how this court operates, who want to be able to read the reports of the oral arguments or listen to the arguments themselves (yes, listen—the same day!) critically and develop their own insight into what’s happening and what the results may be, check out Emily Bazelon’s post in Slate today.

Tuesday and Wednesday, the Supreme Court will dive into back-to-back arguments about gay marriage. These cases that are probably the biggest of the term, and certainly the sexiest. First up is an hour of Hollingsworth v. Perry, the suit challenging the constitutionality of California’s voter-approved gay marriage ban. Next comes an hour and 50 minutes on United States v. Windsor, which takes on the definition of marriage in the federal Defense of Marriage Act. That definition—the union of a man and a woman—denies gay couples more than 1,000 federal benefits that come with marriage, relating to everything from inheritance taxes to health insurance for veterans, even when their marriages are legally recognized in the states they live in.

The arguments will feature top lawyers including Ted Olson (former Bush solicitor general, pro-gay marriage), Paul Clement (former Bush solicitor general, anti-gay marriage), Donald Verrilli Jr. (Obama solicitor general, pro-gay marriage, though the Obama administration is still enforcing DOMA), and Vicki Jackson (Harvard law professor who will argue that the Obama administration doesn’t belong in court). What should we watch for to gauge how these cases will come out? Here’s my checklist.

Meanwhile, in case you missed it, here are the stories about the amicus briefs from the White House and Bill Clinton,  now both in favor despite earlier efforts to the contrary, and from major businesses that have always tried assiduously to avoid taking sides on anything as controversial as same-sex marriage, but now argue that the ban hurts business.  Even prominent Republicans, including Clint Eastwood, are making a case in favor of same-sex marriage.  The times, they are a-changin’…we should find out in June, when the decisions are expected to be announced, just how much.

Gay marriage news, the Anglo-American edition

It was only in passing that I mentioned last month’s election results that put another four states on the side of the angels in the fight to legalize gay marriage. There’s been an important development since then: the U.S. Supreme Court’s decision to hear arguments in two cases on the issue, opening the possibility of a legal precedent that will apply to every state in the union.

Supporters of giving same-sex couples the right to marry are enthused, since this decision comes in relatively close proximity to (1) President Obama announcing his support for gay marriage, (2) another appeals court overturning the Defense of Marriage Act (Windsor v. United States), and (3) people in more states voting in favor of same-sex unions. Emily Bazelon writes in Slate with some great background on the two cases themselves, and offers a warning: don’t assume that because four justices agreed to hear the cases that there are five of them who will rule in favor of gay marriage. Conventional wisdom has it that the court follows the people, but I’m trying not to get overly optimistic: it could be that the justices who said yes to taking up the matter are predisposed to uphold the Defense of Marriage Act or to defer to states on the whole thing…and 39 of them have outlawed gay marriage either by statute or in their constitutions.

I wish we could get some of those states, or Congress, to think about this issue in the way Britain’s government proposes: legalize same-sex marriage in civil law, and make the clear stipulation that religions which object cannot be forced to perform gay weddings.

Face it: most of the objection to same-sex marriage in our country claims a basis in religious teaching. I sympathize with people who are afraid that legalizing a practice condemned by their religion would somehow infringe on their own religious freedom, although I don’t think that would happen in this case. But the core issue as I see it is not one of religious freedom, it’s a question of equal protection under the law. To try to put it simply, it’s not fair that only some citizens can enjoy the benefits of being married under law; if it’s OK for some it must be OK for all, assuming it doesn’t hurt society at large. And let’s don’t get sidetracked on age limits—we already prohibit minors from entering contracts—or possible plural marriages or bigamies, which might be seen to have built-in disincentives and punishments. (Remember the old joke—what’s the penalty for bigamy?  Two wives.)

Think of any given religion as a private club: no one of us is required to join that club but we each have the freedom to do so, and those who do join should be prepared to follow the club’s rules. If one club’s rules prohibit same-sex marriage, that is the club’s prerogative; but the rules of any one club or other are not binding on those of us who didn’t join the club.

The civil law is what’s binding on everyone in the civil arena, and it must be applied equally and fairly to all. The British plan makes it clear that each club/religion retains the right to apply its own rules to its members while inside its clubhouse, but that there is a civil law applicable on the broader scale to the rest of society regardless of the rules inside Club A or Club B.

So, there’s a lot to keep an eye out for on this issue, what with the courts and the lawmakers getting involved. There’s one more front, too, but in this case there’s a possibility that America’s emerging embrace of same-sex marriage, and perhaps of homosexuality in general, could have unintended and disastrous consequences. I refer, of course, to Choire Sicha’s discovery of just how gay marriage could lay waste to the quaint vacation industry:

Yes, America will have to rise up against the menace of bearded gay schoolteacher couples who like to weekend and all those inn-going lesbians with lawyers. With the end of small businesses in America, we’ll just go state-by-state and repeal these gay marriages and everything will be fine. That’s exactly how this will shake out.