The United States Supreme Court - on Wednesday, June 26th, 2013 - took one step closer...to the realization...that eventually...anywhere in the country...a person who is gay...will have the "right" to get married.
In a 5 to 4 decision, the Justices ruled that Hollingsworth v. Perry, which considered the constitutionality of California's same-sex marriage ban - known as Proposition 8 - has no standing in court. The high court also made a decision in the case - United States v. Windsor - striking down a provision of the 1996 Defense Of Marriage Act (DOMA) that denied federal benefits such as Social Security as well as the right to same-sex couples, who are legally married, to file joint tax returns.
Justice Anthony Kennedy - wrote for the majority - and stated that "DOMA is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment. The history of DOMA's enactment - and its own text - demonstrate that interference with the equal dignity of same-sex marriages - a dignity conferred by the States in the exercise of their sovereign power - was more than an incidental effect of the federal statute. It was its essence." Justice Kennedy wrote that "this decision is a declaration of equal rights" for gay Americans.
What the Supreme Court has basically stated is that gay discrimination - like all discrimination - is wrong. Plain and simple...it's wrong. Gay couples cannot be demeaned. It's disgraceful to lower their dignity and their honor as Americans because they are gay.
David Boies is one of the attorneys who represents plaintiffs Paul Katami and Jeff Zarillo in the
Proposition 8 Case. Boies declared last Wednesday that "Today, the United States Supreme Court - in two important decisions - brings us that much closer to true equality. It's a great day for America." Although the Proposition 8 Case has not yet been decided on the merits, Boies went on to say that "Everything the Supreme Court said in the Defense Of Marriage opinion...demonstrates that when that case finally does come to the Supreme Court on the merits...marriage equality will be the law throughout this land." When adding California back on the list, there are 12 states - including Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, Vermont and Washington - plus the District of Columbia - that allow gay marriages.
Minority Leader in the U.S. House of Representatives, Nancy Pelosi says that America's growing acceptance for same-sex marriage over the past few years is "very encouraging." Congresswoman Pelosi told David Gregory on NBC's Meet The Press that gay marriage could be a nationwide right in five years.
Marriage equality is a civil rights issue. I applaud the Supreme Court for its decisions. Equality is what is right for ALL Americans. It amazes me to no end why there are people in this country who believe certain individuals should not be treated equally under the law. After all...that's what our founding fathers in the late 1700s envisioned and declared for the United States. They would be proud of the Supreme Court of today.
Hopefully, the people who are opposed to the court's monumental and landmark ruling...will realize that the United States will be much better when everyone agrees that the U.S. Constitution provides ALL Americans...with equal rights...for everything. Every American deserves equal rights. If you don't agree with my statement - and won't embrace it - can't you at least accept it?
It boggles my mind - every day of my life - why there are bigots in the world. Why are people prejudiced against others because of the color of their skin...what or who they pray to...where their ancestors came from...who they sleep with or love...or for any other reason? I have the following questions to those of you who - by definition of the words - are prejudiced and bigoted. Why? Why do you feel the way you do? Does it really affect your life that a person's skin color is different than yours? Does it really affect your life that you religiously believe in one thing and somebody else believes in something else? Does it really affect your life that your family descendants are from one country and your neighbor down the street has relatives who were born in another nation? And does it really affect your life that two men or two women get married?
Someone recently criticized me for using the word "haters." How can those of you who claim to love others...hate others...who want to love? The U.S. Supreme Court has decided that ALL Americans have the right to love whomever they want to love...and they have the right to demonstrate that love in the same fashion as everyone else. ALL Americans have the right to display wedding bands on their fingers...and to invite their families and friends to a formal service - whether religious or non-religious - and a reception to celebrate the love that two people have for each other...and to utter the words - "I do" in a ceremony of marriage. They have the right to get married.
I am a straight man who has worked throughout my professional career with gay men and lesbian women. I have gay friends. And they are as deserving - as those of us who are straight - to get married and to have their marriage acknowledged by the U.S. government and by Americans all across the country. For those of you who still disagree...and who still oppose equal rights for gays...ask yourself this question. How would you feel...and what would you do...if your Constitutional rights were violated? The ruling by the U.S. Supreme Court deals with rights...and the Justices' decision IS right for ALL Americans...not just gays. It reaffirms what our forefathers stated more
than 200 years ago...and what President Thomas Jefferson - (before becoming Commander-In-Chief) - wrote in the Declaration Of Independence in 1776. "All men (and women) are created equal...that they are endowed by their Creator with certain unalienable Rights...that among these are Life, Liberty and the Pursuit of Happiness."
That's the way it was supposed to be. That's the way it should be. And that's the way...it will be. I can only hope...that someday I can truly say...and that's the way it is.
And that's The Controversy for today.
I'm Gary B. Duglin.
"We'll talk again."
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Nice post.
ReplyDeleteTwo things:
First, the Founding Father's original intention in the Declaration of Independence was to mean, "white, land-owning, males" as "all men are created equal". The subtext is "all white landowning men are created equal." Don't think I'm right? Then look back at the prerequisites for voting at that time, and reconsider. They were not referring to women, blacks, and certainly not homosexuals.
Furthermore, the notion of BEING "homosexual" or "gay" is a very 20th century and Western notion of identity. There is no way conceptually the Founding Father's ever considered homosexuality as a personal liberty in need of protection. It simply didn't exist within their thoughts at that time. Homosexual activity (sex), has been around forever. Identifying oneself as "gay" or even "homosexual" is an entirely 20th century, western concept.
This all being said, I agree with the Supreme Court ruling. Any time our society advances freedom and rights for the underprivileged is a good thing. However, I also think that looking to a document that was written over 300 years ago for moral guidance in the 21st century, is a little like reading an Encyclopedia from 80 years about to look for information on space exploration. The one thing cannot relate to the other, if only for the simple reason that there has been such a huge change in culture and values since their inception.
The Constitution is merely a guiding document. That is all. It is not sacrosanct the way many politicians and regular individuals want to believe it is. It is entirely dishonest and disregarding of history to say "this is what the Founding Fathers intended". To do so is to place a modern idea of culture and values on 18th century individuals. In short, it's not realistic or representative of what they likely believed. This is why strict Constitutionalists are a bothersome bunch.
Second, and to an even greater extent, this notion should also apply to religion. Taking Bronze Age notions of reality and ethics, and applying them to modern, global societies is at best irresponsible, and at worse dangerous. All Judeo Christian teachings were written at a time when everyone believed the Earth was flat, and the North and South American continents didn't exist.
How can those who use religion to banish homosexuals to hell even be taken seriously by our politicians? The answer - because religion holds too much sway in our society.
I could go on forever with this topic, but the bottom line is that until we get away from the influence of dogmatic religious teachings and strict interpretations of centuries old ideas, our progress as a society and culture will be continually delayed.
Understandably...there was no reference to homosexuality being called "gay" back in the era of Thomas Jefferson, John Adams, James Madison and the other founding fathers of our nation when reading the text of the United States Declaration of Independence or Constitution. However, you...nor anyone else...can't really be certain as to what Mr. Jefferson meant when he wrote that "all men are created equal." The American...who would later become our 3rd President...fought against the removal of a no-slavery clause in the Declaration of Independence. But homosexuality... like heterosexuality...has probably been around since the beginning of time. Therefore, Thomas Jefferson could have - in his own mind - referred to equality in many forms. I think it is definitely justified to use our nation's most cherished two documents as tools in defending that gays should be equal...just as all men...and all women...should be equal to each other. There are many issues from the 20th and 21st centuries that perhaps were not thought of in the 18th century, but have been defended with applicability by using the U.S. Constitution or the Declaration of Independence. If what you are saying were to be true - which I don't believe it is - then are you implying...or for that matter saying straight out...that you feel we should toss out the Declaration of Independence and the Constitution... and start all over from scratch...with new pieces of parchment? I surely don't think that should ever be done. GBD
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