America moves one step closer to gay marriage rights, and the silence from opponents speaks volumes

Today a panel of a federal appeals court in California ruled that state’s Proposition 8, an amendment to the state constitution approved by voters in 2008 to outlaw gay marriage, is an unconstitutional violation of the right to equal protection under the law.  The appeals panel agreed with the federal district court decision which found marriage to be a fundamental right protected by the U.S. Constitution, and that there has to be a good reason to limit the exercise of that right to only certain people—in this case, one-man-and-one-woman couples.

Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted.

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All that Proposition 8 accomplished was to take away from same-sex couples the right to be granted marriage licenses and thus legally to use the designation of “marriage,” which symbolizes state legitimization and societal recognition of their committed relationships.  Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California…

The ruling was limited in scope and does not address whether “same-sex couples may ever be denied the right to marry.”  The court found that since “California had already extended to committed same-sex couples both the incidents of marriage and the official designation of ‘marriage,’ and Proposition 8’s only effect was to take away that important and legally significant designation, while leaving in place all of its incidents,” the court was able to rule on Proposition 8’s constitutionality without need to address the larger issue.  But that is the grounds where the ultimate appeal will be argued.  Supporters of this discriminatory and downright uncharitable proposition have the choice of appealing the case to either the full U.S. Court of Appeals for the Ninth Circuit or the United States Supreme Court; since that’s where we know the case is going to have to go eventually, I say let’s get on with it.

I’ll continue to argue that there is no good reason for gay people to be treated differently than straight people under the law when it comes to the exercise of the fundamental right to marry, or in fact the exercise of any fundamental civil right.  Various religions may restrict their rites and sacraments among their members according to their beliefs, but civil law protects the rights of all Americans and there’s no room for exceptions that serve only to salve the theological objections of one religion or another.  That’s what the Establishment Clause of the First Amendment is all about: no restrictions on an individual’s religious practice, but no religion’s law takes precedence in civil life.

Many of the voices opposed to gay marriage claim to believe they are protecting “family values” or “conservative values.”  Fine; I take them at their word.  What I’m arguing in favor of are American values: equality; liberty; fairness; tolerance; justice.  The argument was made most persuasively by the plaintiffs’ attorneys in this case, Republican Ted Olson and Democrat David Boies.  In August 2010, when the federal district court overturned Proposition 8, Olson made the case so clearly in a discussion with Chris Wallace on Fox News Sunday.  Click here to look at the clip and read the transcript.

We do not put the Bill of Rights to a vote….We ask judges to make sure that when we vote for something we’re not depriving minorities of their constitutional rights.

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…we have a 14th Amendment that guarantees equal rights to all citizens. It’s not judicial activism when judges do what the Constitution requires them to do, and they follow the precedent of previous decisions of the Supreme Court.

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If 7 million Californians were to decide that we should have separate but equal schools, or that we would send some of our citizens to separate drinking fountains, or have them be in the back of the bus, that would be unconstitutional.

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…we believe that a conservative value is stable relationships and a stable community and loving individuals coming together and forming a basis that is a building block of our society, which includes marriage…We also believe that it’s an important conservative value to sustain the rights of liberty of our citizens and to eliminate discrimination on invidious bases, whether it’s race, or sex or sexual orientation. It should be a liberal and a conservative value. It is a fundamental American value.

As I’ve argued before, the tide has turned.  Homosexuals serve openly in the armed forces; more states have legalized marriage between two people of the same sex, and are giving up efforts to stop gay people from adopting children; and now, when One Million Moms (hardly…it’s the American Family Association) calls on J.C. Penney to drop Ellen DeGeneres as its spokeswoman because she is openly gay, even Bill O’Reilly thinks it’s a McCarthy-esque “witch hunt”!  Surely, the times they are a-changing.

That’s one small step for the Pentagon, one giant leap for the U.S.A.

Today is the first day without the “don’t ask don’t tell” policy, which since its  implementation in 1993 forced more than 13,000 gay Americans out of the armed forces and multiple tens of thousands more to hide their homosexuality to keep from being discharged.  In a direct, businesslike, very Pentagon kind of way, after certifying to Congress and the president that the change will not impact military readiness or unit cohesion, and after training more than two million troops about what is now expected from them, the rule simply ceased to be.  No longer do the regs support the immediate discharge of any American soldier, sailor or Marine solely over the gender of the people for whom they have sexual and/or romantic feelings.

Congratulations, America: today we took one step closer to living up to our professed ideals of justice, equality and fairness in a tolerant, secular society.

Previously on this subject:

Reflecting on September 11: a call to our better angels

In the entry hallway at our house we have a framed picture of the night skyline of Lower Manhattan as seen from New Jersey, the twinkling twin towers of the World Trade Center the focal point.  The caption under the photo reads, “We’ll never forget.”  Not forget what happened that day?  That’s the easy part.

That morning I was at my desk at work with the television tuned to CNN, trying to concentrate on the newspaper, when I became barely conscious of talk about a plane hitting one of the towers.  They got my attention when I saw the video of smoke coming from the north tower and heard the anchor talking to someone who said he saw a passenger jet hit the building.  That’s ridiculous, I thought: those planes would never accidentally hit a downtown building, and you could see on TV that the sky was a clear, brilliant blue…must have been a small private plane or something.  My office mate walked in and I brought him up to date on what they were saying, then we sat and watched…and saw a passenger plane come into the frame and slam into the other building!  My first thought: this is not an accident.  (Firm grasp of the obvious, eh?)

I didn’t move from the TV.  Another plane hit the Pentagon.  I watched the towers collapse, fascinated at how they seemed to accordion down on themselves, and not believing the size of the dust cloud they sent up.  Then we were all sent home from our government office in Houston because no one knew what might be the next target.  I sat in front of my television at home the rest of the day trying to get it all straight in my head—what do we know, as opposed to what we think we know—as I had done sitting at a microphone in a radio studio in Houston more than 15 years earlier, on the day space shuttle Challenger blew up.

In the next few weeks we learned that the hijackers who died along with almost 3,000 innocent victims on September 11 were connected to a global terrorist network called Al Qaeda, founded by Saudi-born Osama bin Laden, and which was implicated in prior attacks on American targets around the world.  Apparently, Al Qaeda was attacking those it saw as enemies of its fundamentalist interpretation of Islam.  Before the end of the year, President Bush sent American troops to Afghanistan to get bin Laden and other Al Qaeda leaders and their protectors within the Taliban.  We’ve been at war ever since.

Not just an impossible to quantify war on “terrorism,” which is really more a tactic than an enemy, but an actual boots-on-the-ground bullets-in-the-air war, and there’s still no end in sight.  One big reason, I believe, is that “we” aren’t at war.  Our armed forces are at war, and so are their loved ones, but when have the rest of us felt like we were at war?  There haven’t been any shortages of goods, damn few protests, and no tax increases to pay for a war.  Absent any kind of personal connection it’s not surprising that many Americans find it hard to remember that “we” have been fighting war constantly since late 2001—and for much of that time, two wars.  We have come to think of it, when we think of it at all, as a perfectly normal situation; for many of our soldiers, sailors and Marines, being in a shooting war is all they know professionally, and what their spouses and kids assume to be a normal life.

We went to war in Afghanistan to get the people who attacked us on September 11.  We finally killed Osama bin Laden in Pakistan this year, but there’s no sign of an end to our presence in Afghanistan.  We went to war in Iraq to…go ahead, you fill in the blank, but we know it wasn’t to get Al Qaeda, since they weren’t there, or to stop Saddam Hussein from using his weapons of mass destruction, which also weren’t there.  Ironically, the war we chose to fight in Iraq only strengthened our enemy there, if it didn’t actually create an enemy where he didn’t previously exist.  Last month, some eight and a half years after that war began, was the first month that there were no American casualties in Iraq.

The attacks of September 11 were a shot to the solar plexus of the American people.  In the immediate aftermath we did what Americans do after a surprise attack, whether from a mortal enemy or from Mother Nature: everyday men and women responded heroically in the face of the crisis, then we all took care of those who needed to be taken care of.  We opened our hearts and our purses without complaint or even a second thought, and helped each other through until the shock wore off, then turned our attention to those who attacked us.

Unfortunately, we didn’t see the second surprise attack, the one launched by cynical politicians and government functionaries who took advantage of our fear and anxiety.  The news media, shamefully fearful of even being accused of being less than loyal patriots, stood by and let officials get away with murder, in the figurative if not the literal sense.  We let our fear overpower “the better angels of our nature” and spent parts of the next ten years squandering our time, our treasure and our good karma.

We crawled all over each other with demonstrations of the trappings of patriotism as if that was all that was required to be a patriot, as if claiming allegiance to America’s ideals was just as good as living up to those ideals when it really matters.

We let natural wariness in unusual circumstances turn into fear of The Other.  We treated Americans who are Muslim, and those who came here from the Middle East and southern Asia, as though they were in the cockpits of those planes in spirit that day.  People whose only sin was that they practice a particular religion—including those in the peaceful mainstream of that religion, not in the violent, radical extreme—or trace their heritage to a particular part of the world weren’t given the benefit of any doubt but that they were enemies of America.  How much time have we wasted on things like trying to ban shariah law, or trying to stop Muslims from building mosques where some loudmouth decided it’s not appropriate?

How is it that we really spent breath fighting with each other over whether it’s all right to torture prisoners, or just OK to secretly send them to friendly countries where they do the torturing for us?  Were we napping when the government enacted Patriot Acts at the expense of our own civil liberties?  Why did we devote our time and energy to a blue ribbon investigation into ways we could better protect ourselves in the future, and then not implement the recommendations?

How did we sit still for the manipulators who used this attack on our country to whip up sympathy for a war against a country (and its people) that had nothing to do with that attack, with the result that a larger number of Americans have died in that needless war—Americans who bravely, selflessly volunteered to protect the rest of us—than died in the original attack?  And that’s to say nothing of the cost in dollars, and the resulting impact that has had on our national economy and well being.

Back then, I thought that a few months after the attacks, when the shock subsided, we’d regain our perspective, but it seems that I was thinking about a different America, one which perhaps only ever existed in dreams: one where we followed the rules we set for ourselves, even when we were frightened; where people who hijack our airplanes and use them to kill thousands of our fellow Americans have the right to a fair and public trial; where, when crazy people who claim to adhere to the tenets of one of the world’s great religions but are in fact an extremist group led by a delusional maniac with a messiah complex attack our cities and our government institutions, we don’t ignore facts and logic to leap to the conclusion that every person in the world who practices that religion is part of a plot to get us.

Today we have the chance to do better, and I believe we can.  We can work to put aside our fear and get over the juvenile impulse to attack anyone different from ourselves.  Let’s choose to deal with people based on who they really are and what they really do, rather than relying on our fevered imaginations to do our thinking for us.  Let’s start, for example, by recognizing the difference between Al Qaeda and Al Jazeera, or the difference between a community center and a terrorist training camp.

Not forgetting the events of September 11, 2001—that’s the easy part.  If we don’t do the hard part, and act like the people we pride ourselves on being, then the terrorists have already won.

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A pleasant Fourth of July diversion

What else but a civics test—the perfect thing to start some fireworks of your own!  Here’s the note a friend forwarded me:

Are you more knowledgeable than the average citizen? The average score for 2,508 Americans taking the test was 49%; college educators scored 55%. Can you do better? Questions were drawn from past ISI surveys, as well as other nationally recognized exams.

This can be quite humbling.   http://www.americancivicliteracy.org/resources/quiz.aspx

Happy holiday…

Even Fred Flintstone was down with having a gay old time

Quick follow-up on the New York gay marriage vote, while waiting for a rational explanation from those in the “states’ rights” crowd who support an amendment to the U.S. Constitution that would prevent states from exerting their rights on this issue:

–hooray for the mayor of New York’s unequivocal support for gay marriage: it’s the right thing to do, opposing it is the same as opposing women’s rights or civil rights or the abolition of slavery, the law won’t require religions to perform or sanction a same sex marriage…and although people are free to belong to any religious group American society as a whole places its faith in the Constitution, not some set of religious laws.

–the Obama Administration isn’t defending the Defense of Marriage Act, and when House Republicans threaten to fight an 81-year-old woman over it even the lawyers bail out.

–the gay marriage issue helped a president win re-election in 2004; now some political pros think the Democrats can use gay marriage to hammer Republicans in 2012 because it could pull traditional Republicans away from the right-wing Christian evangelicals taking over the GOP.

–and looking into the future far beyond 2012, how many of us have even thought about how all this kerfuffle over gay rights will be viewed by our descendants?