Tag gay rights

OK, let’s make gay rights an issue in the presidential election—why not?!

Pat Ryan 2 Comments

I mean, it’s not like there’s already a bunch of issues in this year’s election on which the candidates (and presumptive candidates) have staked out well-reasoned and philosophically-consistent positions as they make a rational case to the people of America asking for the responsibility of managing one of the major branches of our national government, right?  So I’d like to see if anybody is ready to really show some leadership, and gay rights and gay marriage are perfect issues: all that’s required is the courage to publicly do the right thing.

The latest engagement was in North Carolina where the voters took to the polls Tuesday to say no to gay marriage, in great big, red letters.  In Slate William Saletan summarized the vote-no-’cause-God-says-so arguments, and other scare tactics, those people heard in the campaign: Gay marriage will destroy religious freedom, and weaken the economy, and be treason against God, and we’ll lose God’s protection from racial disasters, and it will lead to man-on-dog marriage.  (Seriously.)

(Interesting perspective, though, from the speaker of the North Carolina state house, who is convinced that any ban on gay marriage in his state will only be temporary.  “State House Speaker Thom Tillis, a Republican from a Charlotte suburb, said even if the amendment is passed, it will be reversed as today’s young adults age.  ‘It’s a generational issue,’ Mr. Tillis told a student group at North Carolina State University in March about the amendment he supports.  ‘If it passes, I think it will be repealed within 20 years.’”)

This comes just a week after a Mitt Romney campaign foreign policy spokesman resigned after anti-gay conservatives “made an issue” out of his support for gay marriage.  Yes, it was Richard Grenell’s “unhinged” support for gay marriage that upset these folks, surely; the religious extremists wouldn’t have used that to cover their opposition to Grenell because the man himself is gay…no no, surely not.  Romney didn’t cover himself in glory, caving to the intolerance from the religious rightand sacrificing Grenell on the altar of getting elected.

Joe Biden’s got something to say here—what a surprise!  But I’m inclined to agree with those who think that putting the loose-lipped vice president on “Meet the Press” and having him say he is comfortable with gay marriage as a civil right is part of a political plan by the Obama campaign, which wants to reassure gay and lesbian voters, and other voters who support gay rights, that the president really is on their side but doesn’t want to take the chance of reigniting this culture wars issue and inflaming anti-gay voters into supporting Romney.  Adding the secretary of education to the mix was a nice touch.  From the standpoint of election politics, I understand that reasoning.  (There are Democratic spin doctors who insist there’s no subterfuge involved, that the campaign wishes this issue had stayed down in the weeds.)

But I also agree with J. Bryan Lowder in Slate, and probably many others in other places, when they argue that there has to come a time when the political calculations take a back seat to doing the right thing.

However, at some point this kind of political prevarication is going to have to give way to principle. Though the cultural mood in this country regarding homosexuality has been morphing in the right direction for a number of years now, waiting for the zeitgeist or generational turn-over to solve everything isn’t going to help those citizens affected in the meantime by dangerously reactionary legislation.

(They’re talking about you, Mr. President, if you’re up to it.)

Lowder goes on to explain, and links to a FiveThirtyEight blog post in the New York Times that further explains, that the North Carolina constitutional amendment doesn’t just prohibit same sex marriage, it outlaws all civil unions and domestic partnerships in the state regardless of gender.  Now, God’s position on heterosexual civil unions is not entirely clear, but there is a new Gallup poll showing half of Americans today believe same-sex marriages should be recognized as valid by lawwith the same rights as heterosexual marriages.  That’s a dramatic change from 15 years ago when it was only 27% favoring and 68% opposing.

The tide is turning: last week Funky Winkerbean started a new series, and I have a feeling the good people of Westview, Ohio will end up on the side of the angels.

gay prom at westview

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

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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.

(snip)

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.

(snip)

…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.

(snip)

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.

(snip)

…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.

Pat Ryan Leave a comment

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:

“A vote of conscience”

Pat Ryan 2 Comments

Congratulations to the New York legislature for legalizing gay marriage in the state, for doing it with support from Democrats and Republicans, for stepping forward and changing the law to protect the civil rights of all New York citizens.  I read that the passage of the New York law is being credited to a couple of senators, one of whom voted against a similar proposal two years ago, both of whom cited the same reason for their vote this time: conscience.  “It was the right thing to do” is a powerful weapon.

I’m happy to see that people are coming around.  Yes, much more slowly than you might like, but big changes don’t happen overnight.  Now you’ve got the lawmakers in New York, the third-most populous state in the nation, accepting that gay marriage is a question of civil rights, one that can’t be pushed aside any more.

The objections still come predominantly from a religious point of view, and I get that.  These people want the civil law to enforce their religious beliefs on everyone, but that’s not the way it works in this exceptional country.  For the sake of the discussion, let’s accept the premise that the United States was founded on Christian principles; that still doesn’t make the United States a “Christian nation,” despite the fact that more Americans identify as Christians than as members of any other religion.   The Founding Fathers—not all devout Christians in the modern sense, not by any means—believed in everyone having the freedom to worship as they choose to, and in a government that does not show preference for any one religion over another (my translation of the establishment clause).  Legislators pass laws to protect the rights of all Americans, not just the ones who practice the majority religion.

You don’t believe in gay marriage?  OK, that’s your right.  Your church doesn’t believe in gay marriage?  Don’t perform any; no one’s forcing you.  What New York and other states have done is make it legal for two people of the same sex to take out a marriage license under civil law and enjoy the rights and responsibilities that come with being married.  They don’t need the approval of any religious group, they’re married in the eyes of the law.  From a legal point of view, I don’t see the substantive difference between a heterosexual couple who get married in a civil ceremony and a homosexual couple who get married in a civil ceremony—none of them have the approval of any church, nor do they need it.  More power to ’em all.

Dear John McCain,

Pat Ryan 1 Comment

Jon Stewart’s pre-shaming wasn’t enough, so—shame on you, John McCain; for shame.  When it came to affirming the civil rights of homosexual Americans by supporting repeal of “don’t ask don’t tell,” you did exactly what you said you would not do. 

Dammit, it’s not a question of who soldiers are “comfortable serving with” if enforcing that prejudice denies the civil rights of other Americans.  Please tell me you wouldn’t make the same argument for white racists who are “not comfortable” serving with blacks?

This, added to your craven pandering to the worst elements of the body politic in your 2008 and 2010 campaigns, and your well-earned reputation as a man of honor, a man of truth, has at last and forever dissolved into the ether.  Although I haven’t agreed with you on every issue I trusted in your judgment and your integrity; now I can’t.  You’ve become “just another politician.”  How depressing.