No Crystal Ball...but...
1 week ago
A gay man's view of the world from down Texas way
C I V I L M A R R I A G E I S A C I V I L R I G H T.A N D N O W I T ' S T H E L A W O F T H E L A N D.
Billy Wilder takes a sardonic look at Hollywood's past in the classic SUNSET BOULEVARD (1950). The film stars William Holden, Nancy Olsen, Erich Von Stroheim, and, in the greatest comeback in motion picture history, Gloria Swanson as silent screen star Norma Desmond. Based on an Oscar-winning original screenplay by Wilder and writing partner Charles Bracket, it tells the story of a down-and-out Hollywood screenwriter taken in by a faded silent star. Eventually, he finds himself trapped in her web of memories, money, sex, and disillusionment. It's a gritty look at the motion picture industry that's as true today as the when it was made. A business that takes talented people, builds them up, puts them on pedestals, then tosses them aside and forgets them once their talent and box office appeal have been used up. SUNSET BOULEVARD is fascinating, frustrating, funny, and fragile. It's not a pretty picture, but just try and look away.
A federal judge on Tuesday struck down Pennsylvania's ban on same-sex marriage, the latest in a series of court decisions across the country confirming gay couples' rights to wed. Finding Pennsylvania's 1996 Defense of Marriage Act unconstitutional, District Court Judge John Jones III wrote: "By virtue of this ruling, same-sex couples who seek to marry in Pennsylvania may do so, and already married same-sex couples will be recognized as such in the Commonwealth."
The ruling makes Pennsylvania the 19th U.S. state where gay marriage is allowed, a movement that has gained momentum since the Supreme Court ruled last June that legally married same-sex couples are eligible for federal benefits.
Most recent court rulings allowing gay marriage have included a stay pending appeal, but Jones' ruling does not. There is, however, a mandatory three-day waiting period for all weddings in Pennsylvania.
In the ruling, the judge noted that the issue of gay marriage "is a divisive one."
"Some of our citizens are made deeply uncomfortable by the notion of same-sex marriage," he wrote. "However, that same sex marriage causes discomfort in some does not make its prohibition constitutional. Nor can past tradition trump the bedrock constitutional guarantees of due process and equal protection."
He compared Pennsylvania's ban on same-sex marriage to the school segregation laws overturned by the U.S. Supreme Court's 1954 landmark Brown vs. Board of Education decision.
"We are a better people than what these laws represent, and it is time to discard them into the ash heap of history," he wrote.
Prior to the Oregon decision, 17 states and the District of Columbia recognized same-sex marriages. Thirty-three states had banned gay marriage either by passing a statute or enacting a constitutional amendment.The Oregonian has a number of videos of the first couples to marry today, with county clerks waiving - for a fee - the state's normal three-day waiting requirement.
In addition to Monday’s action in Oregon, federal judges have struck down same-sex marriage bans in six other states – Utah, Oklahoma, Texas, Virginia, Michigan, and, last week, in Idaho. Those decisions have all been stayed and are either under appeal or are about to be appealed.
A state judge in Arkansas also recently struck down that state’s limitations on same-sex marriage. The Arkansas Supreme Court has stayed that ruling pending an appeal.
Despite the fact that these couples [the plaintiffs] present so vividly the characteristics of a loving and supportive relationship, none of these ideals we attribute to marriage are spousal prerequisites under Oregon law. In fact, Oregon recognizes a marriage of love with the same equal eye that it recognizes a marriage of convenience. It affords the same set of rights and privileges to Tristan and Isolde that it affords to a Hollywood celebrity waking up in Las Vegas with a blurry memory and a ringed finger. It does not, however, afford these very same rights to gay and lesbian couples who wish to marry within the confines of our geographic borders.And the learned judge, who happens to be gay, said this in his poignant conclusion:
I am aware that a large number of Oregonians, perhaps even a majority, have religious or moral objections to expanding the definition of civil marriage (and thereby expanding the benefits and rights that accompany marriage) to gay and lesbian families. It was these same objections that led to the passage of Measure 36 in 2004. Generations of Americans, my own included, were raised in a world in which homosexuality was believed to be a moral perversion, a mental disorder, or a mortal sin. I remember that one of the more popular playground games of my childhood was called "smear the queer" and it was played with great zeal and without a moment's thought to today's political correctness. On a darker level, that same worldview led to an environment of cruelty, violence, and self-loathing. It was but 1986 when the United States Supreme Court justified, on the basis of a "millennia of moral teaching," the imprisonment of gay men and lesbian women who engaged in consensual sexual acts. Bowers 478 U.S. at 197 (Burger, C.J., concurring), overruled by Lawrence 539 U.S. at 578. Even today I am reminded of the legacy that we have bequeathed today' s generation when my son looks dismissively at the sweater I bought him for Christmas and, with a roll of his eyes, says "Dad . . . that is so gay."
It is not surprising then that many of us raised with such a world view would wish to protect our beliefs and our families by turning to the ballot box to enshrine in law those traditions we have come to value. But just as the Constitution protects the expression of these moral viewpoints, it equally protects the minority from being diminished by them.
It is at times difficult to see past the shrillness of the debate. Accusations of religious bigotry and banners reading "God Hates Fags" make for a messy democracy and, at times, test the First Amendment resolve of both sides. At the core of the Equal Protection Clause, however, there exists a foundational belief that certain rights should be shielded from the barking crowds; that certain rights are subject to ownership by all and not the stake hold of popular trend or shifting majorities.
My decision will not be the final word on this subject, but on this issue of marriage I am struck more by our similarities than our differences. I believe that if we can look for a moment past gender and sexuality, we can see in these plaintiffs nothing more or less than our own families. Families who we would expect our Constitution to protect, if not exalt, in equal measure. With discernment we see not shadows lurking in closets or the stereotypes of what was once believed; rather, we see families committed to the common purpose of love, devotion, and service to the greater community.
Where will this all lead? I know that many suggest we are going down a slippery slope that will have no moral boundaries. To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other . . . and rise.
[U.S. District Judge Candy] Dale struck down Idaho's same-sex marriage ban in response to a lawsuit from four Idaho couples. Dale said Idaho's law unconstitutionally denies gay and lesbian couples their fundamental right to marry and wrongly stigmatizes their families. She said the state must start issuing marriage licenses to same-sex couples Friday morning.In her ruling, Judge Dale wrote:
This case asks a basic and enduring question about the essence of American government: Whether the will of the majority, based as it often is on sincere beliefs and democratic consensus, may trump the rights of a minority. . . .
[T]he dispositive principle in this case is that "fundamental rights may not be submitted to vote; they depend on the outcome of no elections." The Supreme Court has endorsed this principle again and again. As Justice Robert Jackson so eloquently put it [in 1949]:
The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus to escape the political retribution that might be visited upon them if larger numbers were affected. Courts can take no better measure to assure that laws will be just than to require that laws be equal in operation.This principle resonates today, as 10 federal courts across the country have in recent months reached similar conclusions on the very issues present in this case. Considering many of the same arguments and much of the same law, each of these courts concluded that state laws prohibiting or refusing to recognize same-sex marriage fail to rationally advance legitimate state interests. This judicial consensus was forged from each court’s independent analysis of Supreme Court cases extending from Loving through Romer, Lawrence, and Windsor. The logic of these precedents virtually compels the conclusion that same-sex and opposite-sex couples deserve equal dignity when they seek the benefits and responsibilities of civil marriage. Because Idaho’s Marriage Laws do not withstand any applicable form of constitutional scrutiny, the Court finds they violate the Fourteenth Amendment to the United States Constitution.
Yes it's all so amazing, that what we never dreamed in our wildest we would see in this world . . . no one may understand what its like to be hated and still be invisible. Hated because you are just who you are, and invisible because you need to stay that way at least for your own safety, out of fear, to gain respect, even pretend to get love, but also for the pathetic reason that you can pretend that way that you are not hated, and move through day after day trying to eke out a life that seems to have no meaning in this world. That you will never be "as human" as real people, able to love and live happily as real people, to have jobs and bank accounts and normal lives like real people. Never be, especially in the eyes of God, as good as "real people" - in fact, you are hated and absolutely bound to hell, and would surely ruin all the world and those around you, bring them to hell with you, if you don't remain invisible. . . .
Today being a gay man means I'm a man like any other, and that a man who is Gay (and black even) can celebrate that he's an outstanding athlete, and kiss his boyfriend to show his excitement, and the world sees him as he's not invisible. And they celebrate his good fortune, even his kiss on national, even international TV. Today I can be a gay man and celebrate that I am a good cook and artist, love beauty, create beauty, love music, dance, poetry, philosophy, and those gifts are celebrated in me because of the fact that I'm GAY. and so I write these words to you my friend because no one but us who have been invisible get it. That all may become EX-Invisibles, and that children in the future who are like us never feel the need to be unseen, unheard, unloved - for them and for us is why tears run down my face as I write this, why tears ran down Michael Sam's face, and mine then as I watched him.
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The kiss seen round the world. |
Regardless of the level of review required, Arkansas’s marriage laws discriminate against same-sex couples in violation of the Equal Protection Clause because they do not advance any conceivable legitimate state interest necessary to support even a rational basis review. . . .The county clerk in Eureka Springs, a gay-friendly resort town up in the Ozarks, issued 15 marriage licenses yesterday. The state attorney general plans to appeal the ruling, so it's not yet known when or whether other Arkansas counties will follow suit on Monday. KARK in Little Rock reports:
Furthermore, the fact that Amendment 83 was popular with voters does not protect it from constitutional scrutiny as to federal rights. The very purpose of a bill of rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. W.Ya. State Bd. of Educ. v. Barnette,319 U.S. 624,638 (1943). The Constitution guarantees that all citizens have certain fundamental rights. These rights vest in every person over whom the Constitution has authority and, because they are so important, an individual’s fundamental rights may not be submitted to vote; they depend on the outcome of no elections. Id. at 638. . . .
It has been over 40 years since Mildred Loving was given the right to marry the person of her choice. The hatred and fears have long since vanished and she and her husband lived full lives together; so it will be for the same-sex couples. It is time to let that beacon of freedom shine brighter on all our brothers and sisters. We will be stronger for it.
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Bishop Gene Robinson and Mark Andrew, 2003 |