Gay Rights

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Obama thumbs nose at Utah

Oh yeah?  Well, we don’t care what you think!

When the governor of Utah announced that he wouldn’t allow his state to recognize those marriages that were performed after a federal judge ruled them legal (but before they were placed on hold pending an appeal), those of us who are in favor of basic human rights sighed. Clay Bennett editorial cartoon How can people be so mean?  How does it hurt Utah in the slightest for some of its citizens to proclaim their love?  I never have understood the mean-spirited nature of those against gay marriage.

So it was a great pleasure to see today that United States Attorney General Eric Holder announced that all of those marriages would be recognized by the Federal government.  “I am confirming today that, for purposes of federal law, these marriages will be recognized as lawful and considered eligible for all relevant federal benefits on the same terms as other same-sex marriages,” Holder said. “These families should not be asked to endure uncertainty regarding their status as the litigation unfolds.”

Ha!  Take that!

It’s not a complete win, but it shows who is on the side of justice.

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Outing politicians

I don’t think it’s a coincidence that the loudest opponents of gay rights are often closeted themselves.

And while I think it should be a personal choice as to whether someone should come out of the closet or not (because, really, it’s nobody’s business), there are times when hypocrisy needs to be exposed. Y4HQJ  I don’t like preachers who warn us not to violate the Ten Commandments while fathering out-of-wedlock children while married to someone else (Looking at you, Jesse Jackson), and I don’t like politicians fighting to keep gays from having rights while being gay themselves.

Congressman Aaron Schock is the latest example.  He’s been outed by gay journalist Itay Hod  for being a hypocrite. Schock is a Republican who hides his identity from his constituents.  Hod argues that the media has an obligation to report this — not because being gay is wrong, but because the congressman is a hypocrite, lying to the voters, in the same way you would report a politician who fights against illegal immigrants while knowingly hiring them.

Schock will join a long line of outed people who fought against gay rights, and will probably lose his seat because of it.  After all, Republicans don’t like politicians who are gay.

If only he had merely cheated on his wife while claiming to be hiking the Appalachian trail.  Or had been caught with prostitutes while wearing diapers.  Or divorced his wife while she was in the hospital for cancer so he could marry the woman he had been having an affair with.   Those sorts of things don’t bother Republicans, as we know.  Mark Sanford, David Vitter, and Newt Gingrich are still respected members of the party.

But being gay?  Well, that’s unforgivable.

 

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The future of gay marriage lawsuits

The Utah Attorney General’s request for a stay pending an appeal has been denied by everyone, and now goes before the United States Supreme Court. A stay is granted when the appellant has the possibility of winning the appeal. It would stop the marriages happening in Utah now pending the results of the appeal.

Higher appeals courts do not have to take every case. If they did, they’d never get anything done. Usually they only take a case when at least some of the justices want to overturn what the lower courts did. Even then, if they can’t convince the other justices, the lower court decision will remain. If the Supreme Court refuses to grant the stay, that’s a pretty good sign that they are not interested in taking this case, which means that marriages will continue in Utah.

The Utah court based much of its decision on the Supreme Court’s decision to strike down California’s anti-gay marriage act. Prohibiting gay marriage “humiliates tens of thousands of children now being raised by same-sex couples,” the Supremes wrote, which gave the federal court ammunition it needed to strike down Utah’s laws.

Any law that discriminates must be strictly scrutinized and the state has to show that the discrimination is necessary to achieve an important end. Generic+Gay+Marriange+Legal Here, there is none. Opponents of gay marriage argue that marriage is for procreation (thus nullifying my 31-year childless marriage and prohibiting the sterile and elderly from ever getting married). They say gay marriage harms the children (when there is no evidence whatsoever to support it). They argue that it’s what the citizens of their state want (which didn’t work when they fought to save laws discriminating against minorities and women, either). And then they argue religious reasons (which have no place in our laws).

There is no legal justification to deny gay marriage, and courts are starting to recognize this.

The important thing about the Utah decision is that it may embolden other courts, both state and federal. If this can be done in Utah, the state with the largest percentage of people still against gay marriage, then why not Pennsylvania, where a majority favor it?

It’s also discouraged the fanatics who are fighting against it. Even some of the most conservative observers are now admitting that this is inevitable so it’s better to wage fights elsewhere.

What we really need is one of the conservative Supreme Court members to retire or, in the case of Thomas, be impeached. (But that’s a different topic for a different day.) If Obama could appoint one more justice, great changes could take place and many of the worst decisions made by the Supremes in the past twenty years could be reversed. (Well, except for Gore v. Bush.)

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Utah (Utah?!!!) joins the 21st century, somewhat unwillingly

It’s been a great year for states joining the 21st century. We’ve added Illinois, Rhode Island, New Jersey, Hawaii, and New Mexico.

And now Utah!

Talk about karma. The citizens of Utah (Mormons mostly) spent millions of dollars fighting gay marriage, and were the driving force behind California’s ban (which was later overturned by the courts).Generic+Gay+Marriange+Legal Utah is still the state with the largest percentage of people who are against gay marriage.

A federal judge has now ruled that Utah’s law banning gay marriage violates the 14th amendment which prohibits discrimination. This is a great decision, and hopefully it will not be overturned. This will set a precedent for other federal courts to find that such provisions are unconstitutional.

Judge Robert Shelby didn’t mince words, either:

The State’s current laws deny its gay and lesbian citizens their fundamental right to marry and, in so doing, demeans the dignity of these same-sex couples for no rational reason. Accordingly, the court finds that these laws are unconstitutional.

He also hit hard against the bigots who say marriage is for procreation, thus making my 31-year marriage invalid in their opinion:

The court does not find the State’s argument compelling because, however persuasive the ability to procreate might be in the context of a particular religious perspective, it is not a defining characteristic of conjugal relationships from a legal and constitutional point of view. The State’s position demeans the dignity not just of same-sex couples, but of the many opposite- sex couples who are unable to reproduce or who choose not to have children. Under the State’s reasoning, a post-menopausal woman or infertile man does not have a fundamental right to marry because she or he does not have the capacity to procreate.

Of course, conservatives who love it when courts take proactive roles in striking down campaign finance reform laws or deciding Presidential elections are all shouting about “judicial activism” (which, as defined by conservatives, means “deciding in ways we don’t like.”).

Screw them. As Judge Shelby points out, this is not just a simple lawsuit. This is about basic fundamental rights:

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.

Absolutely correct. Rights are not subject to opinion polls or votes.

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New Mexico joins the 21st Century

New Mexico is the latest state to stop discriminating against gay couples.  new_mexico_rainbow

There’s been a lot of progress this year as more and more states recognize the inequality of it all.  The sad news is that almost all of the states left are Republican states and many of them have Constitutional amendments the specifically prohibit gay marriage.  Those will take either another amendment to repeal it or a decision from federal courts stating that these amendments are unconstitutional.

And then there is my home state of Pennsylvania again, the only state in the northeast behind the times. It’s also the only state in the northeast with a Tea Party governor and a legislature dominated by Republicans (thanks to gerrymandering, since more people voted for Democrats). Despite the fact that a majority of Pennsylvania citizens support gay marriage, it’s not going to happen until we get rid of the politicians who do not represent us.

Gay marriage (or as we like to call it “marriage”) will happen over the United States eventually.  It’s inevitable.   Deal with it.

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Illinois joins the 21st Century

It’s so nice to have to post welcomes to states that finally allow all citizens to get married, and Illinois is the latest to join when the governor signed the bill today.marriage

The sad news is that almost all of the states left are Republican states and many of them have Constitutional amendments the specifically prohibit gay marriage.  Those will take either another amendment to repeal it, or a decision from federal courts stating that these amendments are unconstitutional.

And then there is my home state of Pennsylvania again, the only state in the northeast behind the times. It’s also the only state in the northeast with a Tea Party governor and a legislature dominated by Republicans (thanks to gerrymandering, since more people voted for Democrats). Despite the fact that a majority of Pennsylvania citizens support gay marriage, it’s not going to happen until we get rid of the politicians who do not represent us.

Gay marriage (or as we like to call it “marriage”) will happen over the United States eventually.  It’s inevitable.   Deal with it.

 

 

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Hawaii joins the 21st Century

Hawaii yesterday became the 15th state to allow gay marriage (including DC).  Or, to put it another way, 36 states continue to deny that gays are “people” entitled to the same rights as everyone else under the 14th amendment.

Illinois looks like it’s about to become the 16th, and apparently is just waiting for the governor to sign the bill.

It’s sad that we have to wait for states to vote to give these rights, but you also have to admit that this particular civil rights movement is changing fast and there’s no denying that it will ultimately be successful.

So here’s for a day of good news.

Editorial cartoon of the day

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New Jersey joins 21st Century

Governor Christie decided not to challenge the law, and now New Jersey joins the rest of the northeast in granting gays the same rights the rest of us have.

I hate to say “granting” rights or “giving” rights when really, all they are doing is acknowledging rights they should have had all along, but you get the point.

There’s only one state left in the northeast that remains firmly behind the times — my own state of Pennsylvania. You know, where the Declaration of Independence was signed and where the Constitution was ratified. The Birthplace of Liberty and all that.

It’s not going to happen while our Tea Party governor remains in office. The good news is that he is the least popular governor in the United States at the moment, and the top Democrat challengers are all supporters of gay marriage. If we can sweep in enough Democrats in 2014, we could see a big change happen quickly. (If the election were held today, with the GOP’s poll numbers at an all-time low, we’d have a good chance, but anything can happen in a year.)

So congratulations, Jersey! You’ve elected Booker to the Senate. Now just get rid of Christie and some real progress can be made.

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Anti-gay activists who are gay

A recent web page listed the Top 15 Anti-Gay Activists who Were Caught Being Gay. It makes for fascinating reading. (I’m waiting for Michelle Bachman’s husband to show up on a future list.)

What causes this? I think certain men who have been raised by their religion to believe that homosexuality is evil and yet have those feelings often try to fight it by becoming very anti-gay. It’s an attempt to convince themselves to stop so they won’t go to Hell or something.

It also explains why these guys always think being gay is a choice. They assume everyone has these same feelings, and gays act on them while the rest (like them) fight against these urges. “I have resisted succumbing to the temptation,” they think, “and so can everyone else! See? Obviously, being gay is a choice.”

Well, no. Being celibate doesn’t make you straight. Just ask any Catholic priest. There’s not one shred of evidence to support the idea that it is a choice.

The good news is that the world is changing, and becoming accepting. There are plenty of Christian churches that openly accept gays and teach that it is not a sin, and more are joining every day. Soon these people won’t have to hide in the closet and pretend they are straight. Soon they can be themselves.

Then we have to get to work on the Muslim churches.