A divided supreme court (5-4) finally took the reasonable path to expanding on a couple previous decisions and making same-sex marriage legal in the whole country. In the 1960s, the Loving v. Virginia case the high court established the right to interracial marriage. Virginia's Racial Integrity Act of 1924 had tried to preserve racial purity, as many states, primarily in the deep south, forbade interracial marriages. There have been instances of horrible treatment of homosexuals in the US, but slowly a movement began to form and push on many fronts within America society. Look, LGBT people have been in every society throughout our human history; often they were oppressed into silence and denial of who they were. Societies have benefited, because such individuals contributed to arts, sciences, culture, politics, and every other domain you can think of. It was criminal to punish them for their nature and deny them their constitutional rights.
Almost to the day, 40 years ago, a police raid on a gay bar--the Stonewall Inn in the Village section of New York City--touched off days of violent clashes and riots, events that galvanized the gay community and it became clear to all progressives that this kind of treatment of the LGBT community had to change. In the 1960s and early 1970s, it was a time of rapid change when important questions about the nature of American society were seen as a big challenge. Too much too soon--beginning with women arriving in the marketplace, civil rights for blacks, sexual revolution, political instability--usually triggers a counter-reaction. And, it did. It was the conservatives who pushed back and eventually dominated the highest levels of our political system for at least 25 years, from 1980 to the dawn of the 21st century.
A Long Arduous Road
But, even if progress can be slow, painful, and challenging, it usually marches on.
In 2003, the court struck down anti-sodomy laws in Texas v. Lawrence. Justice Kennedy--a Republican-nominated judge, but with a centrist (swing vote) flair--wrong both that majority opinions, then and last Friday. In 2012, the same court struck down the DOMA, which had passed by Congress and signed into law by president Clinton in 1996, not so long ago as far as important laws go.So, what happened? Well, one thing is that once Hawaii and Massachusetts passed laws allowing same-sex marriage, then it became apparent--in the eyes of the conservatives, which include Democrats and traditionalists--that giving rights to those who are entitled to but denied because of religious superstition, nothing bad happens! These two states and a couple dozen more than followed created more happiness and, surprise surprise, God didn't destroy them like Sodom and Gomorrah. Who knew, right?...
But, let's not forget what happened in 2008 and 2012, that is, the election of a Democratic president. We would not have had two liberal judges, Kagan and Sotomayor on the court today if it hadn't been for president Obama! You see presidents nominate judges to the supreme court and these judges aren't all the same in that they have a particular judicial philosophy. The conservatives--Scalia, Alito, Thomas, Roberts--voted against giving people the right to marry a spouse of their choice. The liberals--Kagan, Sotomayor, Breyer--and the centrist Kennedy decided that it is a constitutional right in the US for adults to marry any person of their choice, and that every state not only has to recognize marriages from other states but every state must allow same-sex marriage!
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| A present for the conservatives |
For example, they say unelected judges shouldn't be undone the work of legislatures, referring to the state legislatures that had passed constitutional amendments prohibiting same-sex marriage. But, a liberal democracy that has enshrined rights in the federal constitution is not a pure democracy, whereas the majority can take rights from the minority. That was the old south, keeping slaves because, guess what, the majority thought it was fine and dandy! Rights are meaningful when they're given to the minority.
Or, that activist judges [yes, them liberals.... because when conservative judges do the same activism (remember Bush v. Gore?) it's ..legal!] destroy what society wants in defining marriage! What kind of ridiculous argument is this? We've always redefined the institution of marriage. The cases listed above did just that. Oh, you mean the Biblical definition? [You didn't think religion had nothing to do with this argument, did you?] Well, the Bible sanctioned marriage between a man and several women, plus many more concubines (sex servants). Oh, and underage girls given as brides to usually much older men. We call such practice today rape and it's illegal.
In Obergefell v. Hodges [check this out, how Jim Obergefell became the face of the in front of the supreme court] the majority of the court agreed that the US constitution is a living document, applied to contemporary circumstances within the greater framework of its liberal democratic principles. The strict constructionists, like Scalia, believe it's a dead document, thus accusing activist judges of inventing stuff not explicitly stated in the constitution. This is, of course, a stinking bullcrap pile of an argument...
Article 2, Section 2, clause 1 of the US constitution: "The President shall be Commander in Chief of the Army and Navy of the United States...". Hmm, so then who should be in charge of the US Air Force then?
Let's salute this important moment in our history for civil rights and liberties. In the words of president Obama,
“This ruling is a victory for America. This decision affirms what millions of Americans already believe in their hearts. When all Americans are truly treated as equal, we are more free.”
However, we still have a presidential race developing. This decision will further expose the bigotry and backwardness of the Republicans. Already their candidates (and not only) are talking about how to reverse this ruling. Unfortunately for them, the country has moved while their party has regressed further into the dark ages. Let's not stop pointing this out, because quality of life issues aren't only based on economics but on law and culture are well.
The Supreme Court's Opinion as Written by Justice Anthony Kennedy
"Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations."
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| The swinger on the high court, justice Anthony Kennedy. His vote proved crucial in the 5-4 decision |
The marriage laws at issue here thus harm and humiliate the children of same-sex couples."
"In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law.
The Constitution grants them that right."
