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Supreme Court and Same-Sex Marriage
This past Wednesday, The Supreme Court of the United States weighed in on same sex marriage issuing two decisions, one dealing with a portion of the Defense of Marriage Act (DOMA), the other with California’s Proposition 8. As is frequently the case, especially given the divisions within the Court, advocates on both sides of the debate are expressing some disappointment.
In the case of DOMA, the Court decided that the federal government must grant to married homosexual couples the same benefits its accords to married heterosexual couples. This is a victory for same sex couples and a defeat to those who oppose same sex marriage. However, while effectively gutting DOMA, the court did not strike down the entire law. Its decision does not force states to recognize same sex marriages performed in other states.
In the case of Prop 8, the court determined that the plaintiffs had no standing to bring the suit to the Supreme Court, leaving intact the lower court decision that Proposition 8 is unconstitutional. This is at least a temporary victory for gay rights in California, and a defeat for opponents of same sex marriage. At the same time, it does not guarantee a right to same sex marriage in all 50 states. Instead, it leaves in place the right of individual states to ban same sex marriage.
No one should be surprised at the response of the religious extremists—today’s prophets of doom—who anticipate a continuing wrath of God. Reiterating comments I made for Effie Magazine, “These two decisions are neither harbingers of a godless nation, nor reflections of a religious demise already in progress.”
The fact that people on both sides are displeased, should not suggest that the court was wise or balanced in rendering its judgments. Something more serious is in play. The Supreme Court displayed a disquieting lack of courage in its decisions. Not unlike Congress, the Court is incapable of leading. Worse, still, the Court seemed unwilling to live up to its most basic duty of guaranteeing equality and justice for all.
Whatever one’s positions on states’ rights, the U.S. Constitution stands as the foundation of equality, with the Supreme Court its guarantor. Individual states frequently enact laws that are determined to be unconstitutional; laws driven by principles based on differing faith or denominational values. However genuine these values, the United States is not a theocracy. The Constitution guarantees both freedom of and freedom from religion.
In previous generations a commonly held belief was that blacks were either not human, as in the case of slaves, or at least not 100% human. Pains were taken to root these ideas in religious values and, ultimately, distorted interpretations of the Bible.
Today there are those who make the same claims about homosexuals. Every time some religious fanatic claims that homosexuality is unnatural or contrary to God’s plan, they are disguising the same kind of prejudices that denied all races equality under the law. Again today, individual states codify those prejudices in discriminatory laws. The fact that they root their claims in religious morality, merely discredits both faith and the law.
I am reminded that it was not until 1967 that a truer and more honorable Supreme Court invalidated all laws outlawing inter-racial marriage. Such laws are unconstitutional. I hope we do not have to wait until 2067 for a more courageous and faithful Supreme Court to invalidate laws opposing same sex marriage.
Our independence was declared on this simple, yet profound, principle: “We hold these truths to be self-evident, that all men are created equal…”
In the case of DOMA, the Court decided that the federal government must grant to married homosexual couples the same benefits its accords to married heterosexual couples. This is a victory for same sex couples and a defeat to those who oppose same sex marriage. However, while effectively gutting DOMA, the court did not strike down the entire law. Its decision does not force states to recognize same sex marriages performed in other states.
In the case of Prop 8, the court determined that the plaintiffs had no standing to bring the suit to the Supreme Court, leaving intact the lower court decision that Proposition 8 is unconstitutional. This is at least a temporary victory for gay rights in California, and a defeat for opponents of same sex marriage. At the same time, it does not guarantee a right to same sex marriage in all 50 states. Instead, it leaves in place the right of individual states to ban same sex marriage.
No one should be surprised at the response of the religious extremists—today’s prophets of doom—who anticipate a continuing wrath of God. Reiterating comments I made for Effie Magazine, “These two decisions are neither harbingers of a godless nation, nor reflections of a religious demise already in progress.”
The fact that people on both sides are displeased, should not suggest that the court was wise or balanced in rendering its judgments. Something more serious is in play. The Supreme Court displayed a disquieting lack of courage in its decisions. Not unlike Congress, the Court is incapable of leading. Worse, still, the Court seemed unwilling to live up to its most basic duty of guaranteeing equality and justice for all.
Whatever one’s positions on states’ rights, the U.S. Constitution stands as the foundation of equality, with the Supreme Court its guarantor. Individual states frequently enact laws that are determined to be unconstitutional; laws driven by principles based on differing faith or denominational values. However genuine these values, the United States is not a theocracy. The Constitution guarantees both freedom of and freedom from religion.
In previous generations a commonly held belief was that blacks were either not human, as in the case of slaves, or at least not 100% human. Pains were taken to root these ideas in religious values and, ultimately, distorted interpretations of the Bible.
Today there are those who make the same claims about homosexuals. Every time some religious fanatic claims that homosexuality is unnatural or contrary to God’s plan, they are disguising the same kind of prejudices that denied all races equality under the law. Again today, individual states codify those prejudices in discriminatory laws. The fact that they root their claims in religious morality, merely discredits both faith and the law.
I am reminded that it was not until 1967 that a truer and more honorable Supreme Court invalidated all laws outlawing inter-racial marriage. Such laws are unconstitutional. I hope we do not have to wait until 2067 for a more courageous and faithful Supreme Court to invalidate laws opposing same sex marriage.
Our independence was declared on this simple, yet profound, principle: “We hold these truths to be self-evident, that all men are created equal…”