Tag First Amendment

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

Pat Ryan Leave a comment

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.

“We are better than this; we must do better”

Pat Ryan 10 Comments

I knew it:  I knew right away that whether or not there was any evidence that the person who shot Congresswoman Gabrielle Giffords was motivated by the loudmouths on radio and TV, that some of those loudmouths would be blaming the others for inciting political violence.  And I was right…I also predicted the sun would rise in the east this morning.

405992-giffordsMore than two days after the fact and there is no evidence (of which I’m aware) that the man who shot Giffords and 19 [1/12, authorities have revised the figure to] 18 others was persuaded to lethal levels of violence by radio and TV stars; short of his declaration that “so-and-so said it was the right thing to do,” I don’t see that there ever will be.  So let’s leave that alone.

Starting with Sheriff Clarence Dupnik at Saturday’s news conference, there has been a lot of ink spilled calling for restraint, for throttling back the vitriol that fuels so much of the political discussion in our halls of government and our radio and television studios.  It is worth considering to what extent the personal viciousness—and the attendant self-satisfied smugness—of the professional politicians and the paid-to-be-controversial “opinion hosts” has created an environment where consideration of physical violence becomes less theoretical.

I’ve written about the tone of modern political discussion, which is clearly not intended to appeal to the intellect but to rouse the emotions and appeal to paranoia.  And I’m troubled by how successful those messengers and their messages are.

Sure, I’d like to see more restraint and less accusation in political speech, but I know that real world politics isn’t an academic debate.  And I agree with Jack Shafer’s insistence that there be no government-imposed restriction on political speech—the First Amendment makes clear that is not allowed.  (Check my We the People page for a collection of quotations on free expression.)

But I wish there was more self-control when it comes to speech intended to demonize political opponents: to say not just that someone’s position or opinion is wrong, but that those people are evil, or hostile to American ideals and virtues, because of what they believe.  Disagree with me?  Fine; argue my conclusion, dispute my facts, prove me wrong, ridicule my reasoning, do so with vigor; but to respond that my disagreement with your point of view is evidence of imbecility or treason is not a rebuttal.  It’s a sign of the weakness of your position; it’s a sign that you have nothing to say.

One of the more touching observances of a moment of silence for the victims of the shootings in Tucson came this morning from Giffords’ brother-in-law: NASA astronaut Scott Kelly, the current commander of the International Space Station.  (Full disclosure—I work at NASA Johnson Space Center and am acquainted with both Scott Kelly and his brother Mark Kelly, Giffords’ husband.)  The good stuff starts 1:27 into the clip–

We have a unique vantage point here aboard the International Space Station.  As I look out the window I see a very beautiful planet that seems very inviting and peaceful; unfortunately, it is not.  These days we are constantly reminded of the unspeakable acts of violence and damage we can inflict upon one another, not just with our actions but also with our irresponsible words.  We are better than this; we must do better.  The crew of ISS Expedition 26 and the flight control centers around the world would like to observe a moment of silence in honor of all the victims, which include my sister-in-law Gabrielle Giffords, a caring and dedicated public servant.  Please join me and the rest of the Expedition 26 crew in a moment of silence.

Things you do when your team has a bye week

Pat Ryan 1 Comment

First thing this morning I’m heartened to see the Leonard Pitts Jr. column from yesterday’s Miami Herald, and so what if he’s piling on Christine O’Donnell for not understanding the Constitution—the point can’t be made too often that our country is in trouble if we voters don’t really think about what we’re doing when we get to the voting booth.

That this woman is a major party candidate for national office, that she is among the brightest stars of a constellation of like-minded cranks — some of them already in office — tells you all you need to know about this moment in our political life…Somehow we have forgotten the lesson we spent most of the last decade learning at ruinous cost, that faith-based governance, foreign policy by gut instinct, choosing leaders on the basis of which one we’d most like to watch television with, simply does not work.

It’s not  a question of conservative versus liberal:

…this is no conservatism Ronald Reagan or Barry Goldwater would have recognized. At least their ideology adhered to an interior logic. This ideology adheres to a perverse illogic which posits that the less you know, the more authentic you are. So what triumphs here is not conservatism but rather, mediocrity. The Know Nothings and Flat Earthers are ascendant.

And then while I was looking for a cartoon I saw to fill out this post, I ran into something even better—humor at the expense of our leader, in the form of a show tune!

Enjoy the lazy Sunday…the World Series, Halloween, and STS-133 are coming up the rear view mirror.