"Loss of religious freedom" is the New Party Line

By Steve Kindle, CEO Clergy United

Although the Christian Right continues to find objections to same-sex marriage, the public at large continues to see through them. With a nearly 60% approval across the polls, Americans are embracing the reality that gay love is no different in substance from straight love. Here's how Justice Kennedy put it in his majority opinion.

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. 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. It is so ordered.

Now that their battle to stop marriage equality from becoming the law of the land (as it is in seventeen other nations) is concluded here in the USA, an old tactic is reemerging. The Christian Right is casting itself as an abused minority whose religious freedoms are being attacked and abridged. Here are some representative quotes from Republican presidential candidates.  

Mike Huckabee: "The Supreme Court can no more repeal the laws of nature and nature's God on marriage than it can the law of gravity. Under our Constitution, the court cannot write a law, even though some cowardly politicians will wave the white flag and accept it without realizing that they are failing their sworn duty to reject abuses from the court. If accepted by Congress and this President, this decision will be a serious blow to religious liberty, which is the heart of the First Amendment."

Rick Santorum: "It is an increasing view that if you are not with this new orthodoxy, the secularism that is now coming from the government, that these are the values that the government values. If you don't live up to those values, well then you can be persecuted and maybe even prosecuted for doing so."

Bobby Jindal: "This decision will pave the way for an all out assault against the religious freedom rights of Christians who disagree with this decision. This ruling must not be used as pretext by Washington to erode our right to religious liberty."

The essential argument is that one's religious beliefs should be protected by the government. That any infringement on my ability to act in a manner my beliefs demand is religious persecution. Therefore, my deeply held belief that gay marriage is against the will of God protects me from having anything to do with its practice.

Of course, this seems like a perfectly legitimate concern. People should be able to practice their religion as they see it. Yet, when specific situations are given, the flaws in this reasoning become apparent.

Whenever minorities are granted rights long withheld from them, the majority loses some of theirs.  Because of the Civil Rights Act of 1964, hotels, restaurants and other businesses that serve the public are no longer able to discriminate on the basis of race, sex, or religion, regardless of what the owners believe that "race mixing" is a sin.  Gone are the “Whites Only” counters, “restricted clubs” (no Jews allowed), and red-lined neighborhoods.  Most of us feel that whatever losses ensued are America's gain.

The Supreme Court's legalization of same-sex marriage means life in America will go on pretty much as usual, with the exception that LGBTs will no longer be denied equal rights with the rest of us. So, yes, those wedding cake bakers who serve the public whose religious belief would keep them from marrying someone of the same sex, does not protect them from not serving a gay couple.

The blogs on the Religious Right are warning America that churches will lose their tax-exempt status if they refuse to marry LGBTs. This is preposterous. This is generally held by constitutional scholars to be a red herring. The First Amendment of the US Constitution secures this as Justice Kennedy observed in his Majority opinion.

Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons.

So, be prepared to counter these often hysterical reactions to the so-called loss of religious liberty. People of any faith or no faith will always be able to believe whatever they choose. They just won't be able to use their faith to limit the rights of any American because of them.

The Work for Full LGBT Equality Is Far from Over

The history of the United States can be summarized quite accurately as the slow but sure realization of the vision of its founding document, the Declaration of Independence, that "all men are created equal."  The history of the Christian Church in America can be summarized as the gradual and grudging accommodation of that realized vision.

The same Constitution that said “all men are created equal” also said, “Slaves shall represent 3/5 of a human being.”  It also denied women the right to vote, gave states the freedom to establish a religion, and upheld “separate but equal” Jim Crow laws, making interracial marriages illegal and restricting immigration to maintain white supremacy. 

The founders had something in mind when they wrote the Constitution, but it’s not the Republic in which we now live. In fact, their prejudices went so deep that they didn’t even feel the need to write “all white, landed, protestant, heterosexual, free men are created equal.” Forget about their slaves, forget about people with other creeds who would later emigrate, forget about women, forget about those without land, forget about gay people—the only ones who had the right to vote, and thus the right to participate in the building of this new republic, were people exactly like them.

In the intervening years, slavery has been abolished, women have been fully emancipated and nonwhites have been given the full dignity of the law.  With today's announcement from the Supreme Court of the United States that same-sex marriage is now legal in all 50 states, the unalienable right to life, liberty and the pursuit of happiness for all Americans is finally the realized dream of that distant day in 1776. 

At least in theory.  Racial prejudice remains today, as does the inequality of women in the workplace. Today's SCOTUS ruling elevated LGBTs, yet they still have to face workplace discrimination in the majority of states where they can be fired for being gay.  Personal prejudices continue, as do religious sanctions barring them from membership in many churches.  Gay bashing endangering the lives of LGBTs is still a reality. So, as much as I celebrate today's Court victory, I realize there is much work left to do. There will be, at least among the allies of the gay community, a feeling that we have reached the pinnacle of equality. Gays know better. Let's rejoice in the momentous decision, yes.  But let us not retire to the comfort of the sidelines, because the work for full equality is far from over. 

When Is the "The Will of the People" not the Will of the People? The Utah Experience

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Starting the first of the New Year, I will be resuming this blog with Monday through Friday comments. Selling our home, a move to a new city, and family health issues kept me away for much too long. I look forward to resuming these pages and hearing from you. In the meantime, I will comment on a few important issues.

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When Is the "The Will of the People" not the Will of the People? The Utah Experience

Here we go again!

It is said that the last refuge of scoundrels is patriotism.  Today, it is hiding behind the thin veil of sanctimony disguised as "the will of the people."  Whenever the majority votes to deny certain minorities the rights the majority enjoys, it's always "the will of the people." This solemnly uttered bit of piety is found in abundance whenever a state amendment against gay marriage is overturned by a court. It hit its highest decibel when the U.S. Supreme Court overturned California's Prop 8. Some people need to be informed that America is not a simple democracy; it is a Constitutional Republic.  That means that no matter what the majority wants, it cannot be granted if it oppresses the minority. That is, in large measure, what our constitution is for.

So, yesterday, when a federal judge struck down Utah's same-sex marriage ban, outraged local officials trotted out the canard that "the will of the people" had once again been overturned. It should be noted that when the 14th Amendment was passed, it became THE HIGHEST WILL OF THE PEOPLE, that the majority may not act to deny rights to the minority that they, themselves, enjoy. As state after state make same-sex marriage legal, largely on the basis of the 14th Amendment's Equal Protection Clause, it is inevitable that the Justices of SCOTUS will eventually make marriage equality the law of the land, if the rest of the states don't beat them to it.

The federal judge overturning the Utah state ban made it effective immediately, so same-sex couples began lining up for marriage licenses and the mayor of Salt Lake City (no less) performed the first legal ceremony in the state. This will not be without opposition from the powers that be. Both Utah's governor and attorney general are pursuing whatever legal options they have, but their prospects are bleak.

Whenever an unjust law is overturned by a judge, we hear the accusation, "activist judges!" Yes, indeed. These judges are actively defending the highest will of the people as understood in the 14th Amendment.

The Neanderthals Are Still Among Us

Rev. Steve Kindle

Exec. Dir. of Clergy United

www.clergyunited.org

With my apologies to Neanderthals!

One of the reasons I wrote my book is that the chief reason obtaining gay rights has been slow is because it has taken time for the American (and world) public to recognize that they are as normal as any other form of humanity. So I took pains to show just how normal nonheterosexuals are. Due to the many LGBTs who have come out over the years, with the attendant discovery that they are our brothers, sisters, aunts and uncles, sons and daughters, and yes, our mothers and fathers, we have learned just how normal they are. In fact, their absolute commonality with everyone is seen in the fact that they are among us, have been among us and we didn't even know it! We owe a huge debt of gratitude to out LGBTs for making this huge leap in our consciousness possible, and welcome.

But there continues to be a small but noisy segment of our population that refuses to accept the facts. Every professional organization that has studied homosexuality for decades has given LGBTs a clean bill of health, psychologically, religiously, sociologically, medically and even as parents. There is no place to go anymore to support gay unacceptability; all the harbors are filled with positive voices. In such a dilemma, what do the negative voices do? They resort to the last refuge of scoundrels: name calling and outright lying. If you don't have the facts to back you up, sling mud. In a tweet following the SCOTUS decisions, Bryan Fischer of the American Family Association wrote, “The DOMA ruling has now made the normalization of polygamy, pedophilia, incest and bestiality inevitable. Matter of time." It should also be noted that the "slippery slope" argument, is resorted to when all other arguments fail.

Interestingly, "polygamy, pedophilia, incest and bestiality" are largely heterosexual deviances. The notion that gays were pedophiles was put to bed decades ago, but it's a handy argument for the uninformed to keep gays from teaching school and out of leadership roles in the Boy Scouts. But it's a lie. Gays are as upset with pedophelia as everyone else with a clear morality.

On CNN, Tony Perkins, president of the Family Research Council, told Wolf Blitzer,“You’re going to see a loss of parental rights, as children are taught in school morals that are contradictory to their parents’, religious liberty loss from business owners: bakers, florists, and others who will be forced to comply with a different view of marriage as well as even churches in some places, religious organizations losing their tax exemptions because they fail to comply with the force of the state in terms of redefining marriage.” Now that's a nightmare situation, for sure.  But is it true?  Permit me to quote from my book (as I'm against reinventing the wheel).

[These charges are] generally held by constitutional scholars to be a red herring.  When New York legalized same-sex marriage, for example, they included broad protections for religious and charitable organizations that were actually found unnecessary, as the protections are inherent in the U.S. Constitution.   

On the other hand, whenever minorities are granted rights long withheld from them, this means that the majority loses some of theirs.  Hotels, restaurants and other businesses that serve the public are no longer able to discriminate on the basis of race, sex, or religion, regardless of how the owners feel.  Gone are the “Whites Only” counters, “restricted clubs” (no Jews allowed), and red-lined neighborhoods.  Most of us feel that whatever losses ensued is America's gain.  Should the Supreme Court uphold same-sex marriage, life in America will go on pretty much as usual, with the exception that LGBTs will no longer be denied equal rights with the rest of us. 

Just as schools had to begin to recognize the equality of the races, yes, equality of same-sex relationships with heterosexual relationships, including in the raising of children will be taught.  Because it's true.  The American Medical Association, the American Psychological Association, The American Psychiatric Association, and the Academy of Pediatrics all are on record as approving homosexuality as perfectly normal and as capable of entering any human relationship as any heterosexual.  This includes child rearing. 

It seems that we will have to put up with this uninformed nonsense for a while. In the meantime, more and more gays and lesbians will come out, more and more people will find gays as normal as the next person, more and more will we find the excessive complaints of this stubborn subculture irrelevant. Gay equality will win the day, but we must always bear in mind Martin Luther King, Jr.'s observation that "Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right."

Yes, there is much work left to do. Let's get going!

Today We Celebrate

America, thanks to the U.S. Supreme Court, made a giant step today in fulfilling the vision of our founding document, the Declaration of Independence, that all people are equal under the law. The federal Defense of Marriage Act's section 3 is found "unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment." By striking down DOMA, same-sex couples who are legally married are entitled to equal treatment under federal law.

The Court also issued its ruling on Hollingsworth v. Perry, ruling that the originators of Proposition 8 did not have the constitutional authority, or standing, to defend the law in federal courts since the state refused to appeal its loss in circuit court. This returns the right of all citizens of California to marry the person of their choosing.

Now 13 states and the District of Columbia have equal marriage rights coupled with federal protections and benefits. We achieved this, not through armed uprising, but by vigorous, relentless voicing of this indignity and revealing to the world that ours is a just cause. We have every right to rejoice in our good fortune. We also need to remember that others will be devastated.  Even though some in the opposition lied, cheated and bullied their way through the contentious decades of this struggle, many hold to such opposition out of sincerely held beliefs. All we have to do is recall our own feelings when things didn't go our way to understand how others may feel. This demonstrates what we have been saying all along: we share a common humanity. Gloating is reserved for those who don’t appreciate this. I am happy to say I have not observed anything but glee.

With marriage bans still in place outside of California, the struggle is far from over. We will continue the struggle in states without marriage equality until it’s achieved, with a great advantage. The example of California and the twelve other states with marriage equality will be enormous. The contrast of those states where all marriages enjoy all the federal and state rights and benefits will be stark. Pressure will mount as one state, then another, grants marriage equality. It will be hard to maintain old prejudices and the rigid confines of traditional marriage over time. People will see there really is no good reason to object any longer. 

So, today, we proponents of equality under the law, celebrate. These are huge victories, forecasting the future of America when all 50 states will have equal marriage rights.  This is inevitable.  There is no turning back.  But it will not be automatic; it will be won the same way we won today: person by person, state by state, ballot by ballot and legislature by legislature.

I'm off to San Francisco to join with The Religious Leader's Press Conference sponsored by the Coalition of Welcoming Congregations. As I said, today we celebrate!

Preparing for the Supreme Court’s Decisions on Prop 8 and DOMA

If moral disapprobation of homosexual conduct is “no legitimate state interest” for purposes of proscribing that conduct…what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising 'the liberty protected by the Constitution?

~ Justice Antonin Scalia (This quote is taken from his minority dissent to Lawrence v. Texas when the court struck down sodomy laws)

First, America needs a civics lesson
Contrary to the National Organization for Marriage’s wishes and all others who were disappointed when California’s Proposition 8 was struck down, and feel abused, the people DO NOT get to decide what’s constitutional and what’s not. Fortunately, we live in a constitutional republic, not a pure democracy.  For in a pure democracy, if 51% of the people want to cut off the heads of the other 49%, for whatever reason, it would happen.  Our Constitution forbids majority coercion of the minority and in fact was created, in no small part, to protect the rights of the minority. So if, say, California passes a proposition that provides that “only marriage between a man and a woman is valid or recognized in California,” the fact that the majority of voters voted yes does not mean it passes constitutional muster.  The same holds true for DOMA. That’s why, for those who are opposed to marriage equality, DOMA is not enough and only a Constitutional amendment will do.

Ironically, if we were to let the people decide, as NOM would have it, the tide has turned and the majority of Californians and Americans are now in favor of same-sex marriage.  Given their favorable attitude toward LGBTs, when the Millennial generation assumes power, this will be a long forgotten era of American history.  Just as today when young people are told of Jim Crow and the struggle for Civil Rights, and they are mystified as how this could ever have been, so too will generations from now find it hard to believe that gay people couldn’t get married.

How DOMA and Prop 9 control the lives of LGBTs up to now
The federal Defense of Marriage Act effectively does two things. First, it defines marriage for federal purposes as between one man and one woman as husband and wife; and “spouse” refers only to a person of the opposite sex who is either husband or wife.  Second, it allows states the right to decline to recognize same-sex marriages that are legal in other states.

The federal General Accounting Office identified “1,049 federal statutory provisions classified to the United States Code in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor”. This shuts out LGBTs from all federal benefits accorded to opposite-sex couples, including income tax breaks, Social Security survivor’s benefits, and health care. The GAO upgraded the number of benefits to 1,139 in 2003.

In California, Proposition 8 is a constitutional amendment, passed in 2008, which said marriage defined as “only between a man and a woman is valid or recognized in California.” It overturned the California Supreme Court’s ruling that banning same-sex marriage is unconstitutional. There was a window from June 16 to November 5, 2009 when same-sex marriage was legal and these marriages continue to be legal and likely will not be affected by SCOTUS’s ruling.

Possible Supreme Court outcomes

Most court watchers count the possible outcomes as four or five, reducing the likely outcomes to three. They range in scope from total victory for marriage equality across the board, to the status quo remaining in place. We will look at each outcome from best to worst, at least in the eyes of supporters of same-sex marriage.

DOMA and Proposition 8 are both struck down
Marriage would become the legal right of every couple, regardless of sexual orientation. Although this is the least likely outcome, it is possible. It is, of course, the most desirable outcome for those of us working for marriage equality. The reality that no couple in America could be denied the full dignity and rights presently accorded only to opposite-sex couples would mean that LGBTs are no longer second-class citizens.
A narrow interpretation would restore same-sex marriage rights to California and confer federal marriage benefits to all legally married same-sex couples throughout America. It would not affect marriage bans in other states; they would remain intact.

DOMA struck down, but Prop 8 upheld
Legally married same-sex couples in California and elsewhere will begin receiving the 1,139 federal marriage benefits. However, same-sex marriage will not be legal in California as well as the other states with similar bans. Those Californians legally married in 2009 will most likely not have their marriages made null and void.

Prop 8 struck down, but DOMA upheld
With the demise of Prop 8, marriage equality will be reinstated in California, and may overturn similar bans in place in other states. However, legally married same-sex couples will be denied all federal rights and benefits related to marriage. Second-class citizenship will continue.

We may know the outcomes as soon as tomorrow.  When the decisions are made public, I will post a column on where we go from here.

(This post was adapted from my book, Marriage Equality: Why same-sex marriage is good for the church and nation found here: http://www.amazon.com/Marriage-Equality-Same-sex-marriage-church/dp/1484967127/ref=)

You're the first to know (and I hope the first to buy)

One of my favorite cartoons when I was pounding the pavement in a sales job was of two buzzards sitting together on a tree limb in a forest, watching a lost man slowly starve to death.  One buzzard turned to the other and said, "Patience, hell! I'm going to kill something."

The time from now to the SCOTUS decisions is too precious to just watch and wait. I've decided to put all my energy into writing a book to spell out the case for same-sex marriage.  It will first be published as an e-book in July 2013, then as a paperback soon after.

My intended audience is twofold. One is those in the "movable middle," who can be persuaded with the right information.  The other is for the many who are already convinced but need help articulating the cause.

Here's how the chapters look at this stage:

 Gay Americans: What You Need to Know (and possibly don’t)
History of Marriage in the West
Evolved and evolving Will Same-sex Marriage Change America?
Yes Common Objections to Same-sex Marriage
What Does the Bible Say?
A Journey into the Heart of God
Theology of inclusion The Legal and Constitutional Issues
Now That the Supreme Court Has Spoken
I will plot the future course following the SCOTUS outcome 

I don't have a title as yet.  If you have a suggestion, I'd like to hear from you.  I'll give you credit in the acknowledgments.  The working title is Same-sex Marriage: Why It's Good for America.  See, I told you I needed help!

I will post updates from time to time, so keep watching the blog site.  Better yet, subscribe to the email service for daily postings, should there be one.  A little prayer for me would be appreciated, too.

"They also serve who only stand and wait"

After today, all that can be done, at least in the courts, will be over.  The arguments will have been made, the justices will retire to their chambers and by the end of June we will know the fate of our LGBT family, friends, coworkers and fellow Americans.  For many of us it will be an excruciatingly long time.  As I listen to my body's reaction too all of this, I find myself feeling much as I did as a child anticipating the arrival of Santa Claus, or the first summer day in the swimming pool.  It was almost unbearable; yet Santa did come and go, and the summers dragged on.  But much more is a stake than getting that nice new bike or meeting with friends for a dunking contest.  Not knowing, when we know only too well how necessary the defeat of Prop 8 and DOMA are, added to the mystifying awareness that America is now only beginning to wake up to LGBT injustice, makes one grieve.  

I don't even want to think about what to do should the Court not rule in our favor.  It will be like how WWII was waged in the Pacific, beach head by beach head, atoll by atoll, island by island.  But in this case it will be State by State.  This will be enormously expensive both in money and effort.  The good news is that DOMA likely will fall.  Should Prop 8 only be limited to California, then when each State approves gay marriage, the 1011 Federal benefits now denied will be extended to all in same-sex marriages.  This is to be celebrated.

Americans are getting a world-class education in gay rights.  America will never be the same, and will eventually, say, 20 years from now, find its way to make LGBTs full citizens. It's this unnecessary interim that's so devastating.  How many couple's hopes will be dashed?  How many more children will be subject to ridicule? How many more families will have to live without the protections that heterosexual couples enjoy every day?  

I'm still holding out for a complete sweep of victory.  The signs are impossible to read with any assurance, but nothing has been ruled out as yet.  As David Boies put it, "The most remarkable thing that happened in there was there was no attempt to defend the ban on gay marriage."  I remember the day in 1954 when the decision in Brown v. Board of Education was announced that ended segregation.  This was not a popular decision, yet it was made. When Loving v. Virginia (IN 1967!)  struck down miscegenation laws allowing interracial marriage, the vast majority of the country was appalled.  So especially when the majority of Americans now favor same-sex marriage and gay rights over all, the Court is perfectly situated to do the right thing.  So I remain hopeful.

To really appreciate the title of this blog, we need to recall John Milton's poem, "On His Blindness."  

When I consider how my light is spent
Ere half my days in this dark world and wide,
And that one talent which is death to hide
Lodg'd with me useless, though my soul more bent
To serve therewith my Maker, and present
My true account, lest he returning chide,
"Doth God exact day-labour, light denied?"
I fondly ask. But Patience, to prevent
That murmur, soon replies: "God doth not need
Either man's work or his own gifts: who best
Bear his mild yoke, they serve him best. His state
Is kingly; thousands at his bidding speed
And post o'er land and ocean without rest:
They also serve who only stand and wait." 

Wait we must; yet let us listen to Patience who counsels against those thousands who "post o'er land and ocean without rest."  Why is this Patience's work to counsel us to stand and wait? I think it's to remind us that, as Martin Luther King, put it, “The arc of the moral universe is long, but it bends toward justice.”  In other words, not everything depends upon us; let us pause for the moment and let the universe do its thing.  It just may be that we will need to get going soon enough as it it.  

Here's a great summary of the events of yesterday from David Boies and Ted Olson

22 Reasons Why DOMA and Prop 8 Need to Be Declared Unconstitutional

And Same-sex Marriage Be Made Available Nationwide

1.   It's the right thing to do
2.   It will strengthen marriage all around
3.   LGBT families need the protection of legal marriage 
4.   LGBT partners need the protection of legal marriage
5.   LGBTs deserve the status of normal and worthy citizens that marriage bestows
6.   It will diminish the need for sham marriages and resultant divorces
7.   SCOTUS will be on the right side of history
8.   It’s inevitable; if not now it will happen eventually, so why wait?
9.   More orphaned children will find happy families
10. It resolves one more remaining justice issue in favor of equality
11. America can move on to other issues
12. We can retire right wing hypocrites who lecture us on morality
13. Maybe Maggie Galagher will go away?
14. Marriage is much more than about procreation, or, often, not about it at all
15. Republicans are even determined to make this a non-issue
16. I honors the Golden Rule
17. It in no way harms heterosexual marriage
18. Same-Sex Marriage Provides a More Stable Environment for Children of LGBT Couples
19. Love matters
20. "Separate but equal" was tried and failed
21. Did I say it’s the right thing to do?

And finally, so Associate Justice Antonin Scallia has to eat these words:

"If moral disapprobation of homosexual conduct is “no legitimate state interest” for purposes of proscribing that conduct…what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising 'the liberty protected by the Constitution'”. [This quote is taken from his minority dissent to Lawrence v Texas when the court struck down sodomy laws.]

Yes, just "what justification could there possibly be", indeed?

Here's a little bit of what SCOTUS will hear today (from 

David Boies on "Meet the Press")

Okay, I cribbed this next list from StopGeek.com.  It's hilarious, and give us pause at our own shortsightedness.

Top Ten Reasons to Make Gay Marriage Illegal

01) Being gay is not natural. Real Americans always reject unnatural things like eyeglasses, polyester, and air conditioning.

02) Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.

03) Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.

04) Straight marriage has been around a long time and hasn’t changed at all like many of the principles on which this great country was founded; women are still property, blacks still can’t marry whites, and divorce is still illegal.

05) Straight marriage will be less meaningful if gay marriage were allowed; the sanctity of marriages like Britney Spears’ 55-hour just-for-fun marriage would be destroyed.

06) Straight marriages are valid because they produce children. Gay couples, infertile couples, and old people shouldn’t be allowed to marry because our orphanages aren’t full yet, and the world needs more children.

07) Obviously gay parents will raise gay children, since straight parents only raise straight children.

08) Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That’s why we have only one religion in America.

09) Children can never succeed without a male and a female role model at home. That’s why we as a society expressly forbid single parents to raise children.

10) Gay marriage will change the foundation of society; we could never adapt to new social norms. Just like we haven’t adapted to cars, the service-sector economy, or longer life spans.

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DOMA and Prop 8: A Lesson in Civics

With America's, and perhaps most of the world's, attention on the United States Supreme court this week, we will get an answer to a question that most Americans only vaguely understand:  "How can the vote of the majority be set aside?  The people have spoken, how can an unelected court go against public opinion, one enshrined in a majority vote?"  That, in a nutshell, is the basis of the frustration for those who conceived of and fought for California's Proposition 8.

Here's a recap of how the amendment  has fared.

Proposition 8 - which, for California only, defines marriage as between one man and one woman  - passed by 53% of California voters in 2008.  The United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution. On February 7, 2012, in a 2–1 decision, a Ninth Circuit Court of Appeals panel affirmed Walker's decision declaring the Proposition 8 ban on same-sex marriage to be unconstitutional. On December 7, 2012, the Supreme Court granted the proponents' petition for certiorari, which will be heard on Tuesday March 26, 2013. The Supreme Court Justices are expected to issue their ruling pertaining to the constitutionality of Proposition 8 by late June 2013. The ruling by the US Supreme Court may set precedent not only in California, but nationally.

Prop 8 passed by a 4% majority only to have the Ninth Circuit Court of Appeals put it on hold.  The eventuality is strong that the US Supreme Court may make it null and void with the attendant possibility that prohibiting same-sex marriage may become unconstitutional in every state in the USA.

A blogger voiced his profound anger not long after its passing.  Here is a comment to it:

"Those are some mighty strong words and accusations you're tossing around based on the CA government (and law) following it's defined process for letting people participate in a democratic republic. What do you prefer - the CA supreme court tossing out the results of a vote presented to the entire state? That borders dangerously close to very non-democratic governmental ideas."

So, it's "non-democratic" for a court to toss out the majority's vote.  As a Californian of long standing, I bear witness to many conversations that suggest that this notion is wide spread. This commentator got one thing right, we are a democratic republic.  In a pure democracy, as the saying goes, 51% of the people could vote to cut off the heads of the 49% and it would be legal (and done!). This notion became encapsulated as "the tyranny of the majority."  Great thinkers from Plato to John Stuart Mill and Tocqueville warned us of this and provided several ways to insure that governments would not be capable of such mendacity. Two are enshrined in the U.S. Constitution: separation of powers and representative government.

This was not lost on the plaintiffs bringing the case to the Supreme Court. “If we've learned anything through this journey, it's that when the minority rights are being oppressed by a majority the court is supposed to step in, and some times it's not always popular for them to do so,” Jeff Zarrillo said. “We would expect the court to step in and right these wrongs." Exactly.  This is the proper recourse when minorities are pushed around by the majority.

The fact that we have a constitution at all is the most important defense against tyranny. The cry we hear so often, widely credited to John Adams, “We are a nation of laws and not of men,” is another way of saying, we are a constitutional republic.  Men and women don't tell us what to do, our Constitution does.  What is going on this week at SCOTUS is nothing more or less than laws deciding our fate.  (I am not so naive as to believe that the Court can be so objective as to rule out sentiment, prejudice, and other human considerations, but trust that they do their best to hold them at bay.)

This basic American value was clearly illustrated this weekend on "Meet the Press." Here's a snippet of host David Gregory's interview with David Boies, who is arguing the case against Prop 8 tomorrow.  Gregory  pointed out all the states that currently have bans on same-sex marriage and asked , "Aren't you effectively asking the Court to say, with one stroke of the pen, we're going to invalidate what those states have done?"

Replied Boies: "Every time the Supreme Court makes a constitutional decision, it’s making a decision that certain fundamental rights are too important to be left to the ballot box. We've done that with race, we've done that with women; we've done that with every discriminated class."

So the next time you hear someone say that "the courts have usurped the people's will" one more time, gently remind them that the very fact they do this is precisely because of "the will of the people."  It's called the Constitution of the United States.