Okay, let me rephrase that.
Prop 8 takes the equivalent of a full broadside from the entire WWII US Navy Battleship squadron!
You should all be aware of my stance on equal rights for homosexuals by now. For the occasional newcomer, I can only refer to my older posts, but I’m not going to reiterate the whole thing here. What I AM going to reiterate is my revulsion at Proposition 8.
Proposition 8 was, as most of you probably know, a piece of Californian legislation passed on the same night as Obama was elected president. It was passed by popular referendum, and it specifically revoked the right of homosexuals to get married.
I want to underline this in extremis. It wasn’t a piece of legislation banning homosexuals from getting married … although in my opinion, that would have been bad enough. It was a piece of legislation REVOKING it.
It TOOK AWAY a civil right from a minority. Because of bias, homophobia, intolerance, bigotry or just plain, old-fashioned stupidity, 52 percent of the electorate decided to pass a law that REMOVED civil rights from a part of the population.
Since then, proponents of this piece of legislative filth has crowed loudly about their victory, claiming that “Americans chose traditional values” and other statements of the same ilk.
The most atrocious accusations have been made. Like accusations that homosexuals are allegedly unfit to be parents, and that kids growing up with same-sex couples as parents end up being socially unfit, poorly raised, stupid or other similar nonsense. It has COMPREHENSIVELY been proved wrong. So much so that by now, that particular argument is only used by the most rabid, foaming-about-the-mouth extremists.
Other arguments includes statements like “marriage isn’t a civil right”. Well, that is certainly an opinion, but under the letter of the law, married couples are guaranteed a greater degree of legal protection than couples who are NOT married. This goes for homosexual citizens too, and consequently, they are not offered the same legal protection as heterosexual citizens. This is so blatantly against the United States constitution I don’t even know where to begin outlining it, except to the actual wording.
The fourteenth amendment, passed on the ninth of July 1868, as a part of the ante-bellum reconstruction process after the Civil War, was meant to overturn Dred Scott Vs. Sandford, which is one of the most infamous and utterly inhumane legal cases in American history, where it was decided that African Americans could not be citizens. This court case from 1857 was, of course, from BEFORE the civil war, and it was a result of a deeply racist system, meant to keep black men and women in an unfathomable and deeply immoral state of involuntary bondage; slavery!
So the 14th amendment was passed, after almost two years of deliberation and proceedings.
The United States Constitution, Article 14, section 1 states, verbatim:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
There is absolutely no argument against this. There is absolutely no legitimate reasoning for denying any American citizen equal rights under the law, based on this simply but elegantly phrased section.
And don’t even start! I have heard the usual blah-blah-blah reasons before. “Then we should also allow people to have multiple spouses” or “What about people who want to marry animals?” or “If we allow this, we have to allow people to marry underage children as well!”
NO!
And here is the simple reason why those arguments do not even hold a single, solitary drop of water:
Equal protection under the law also means you must UPHOLD the law. Pedophilia is illegal in the United States. Bestiality is illegal in MOST of the United States (and don’t ask me why it isn’t covered by animal protection legislation in those parts where it’s not, because I won’t be able to answer you … it -should- be illegal everywhere) and of course polygami is also illegal throughout the entirety of the United States.
However, being gay IS NOT illegal. And unless we are talking about the grotesque idea of once again making homosexuality a punishable offense under the law … which is not the issue on debate here … then homosexuals MUST be offered equal protection under the law, as per the fourteenth amendment to Constitution of the United States of America.
I’ve heard all the bullshit arguments to the contrary. Or at least I’ve heard so many I feel entitled to say I’ve heard them all. And they are all based on one simple premise.
Bigotry.
Hiding behind the bible or any other holy scripture doesn’t work. Why? Because the very same United States Constitution CLEARLY and UNEQUIVOCALLY deals with that issue:
The United States Constitution, The Bill of Rights, Article 3, states, verbatim:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
This has been interpreted repeatedly by the highest legislative authority in the United States, the Supreme Court, as meaning specifically that Church and State must remain separate, for the good of both.
Consequently, I do not accept even for a second, that religious reasons may form the basis for denying American citizens a civil right, because that is in clear and open contradiction to the bill of rights.
I say it again: the ONLY reason for passing Proposition 8 was bigotry. No other reason whatsoever. If people want to be bigots, it is their human right, but by the letter of the law, it is not their right to cause their bigotry to harm other people.
A couple of days ago, all of this came to a head. On August 4th, District Chief Judge Vaughn R. Walker (presiding in the northern district of California) overturned Proposition 8, BLASTING it as unconstitutional “under both the Due Process and Equal Protection Clauses”.
He didn’t just blast it. He came out with a verdict of well over a hundred pages and what I’ve read of it or heard quoted from it so far is nothing short of earth-shattering.
But before I go any further with this, I should make one thing absolutely damned clear. Judge Walker has come under attack by certain Pro-Prop 8 activists as being “openly gay” and being “an activist judge” and being, quite frankly, a raving communist in disguise. Before any of you actually choose to believe that crap, let me tell you that a few simple information searches on Judge Walker will tell you that he was first nominated for the bench by none other than Mr. Conservative Icon, Ronald Reagan himself. This happened in 1987, but that nomination didn’t pass.
Why?
Because Judge Walker was seen as too conservative and, MOST IMPORTANTLY, he was seen as insensitive to homosexuals and poor people, because he would not allow the use of the name “Gay Olympics” and had represented the US Olympic Comittee in a lawsuit to stop that phrase from being used. So here is a man with a proven history of not being pro-gay in his rulings, and who was -too- conservative to be approved on his first nomination … and who was then nominated again by George H. W. Bush (Dubja’s dad) two years later, and then approved unanimously by the US Senate.
Unanimously. Every single senator voted in favor, Republican OR Democrat.
So there you have it. A conservative judge with known conservative rulings behind him and at least one anti-gay case from his days as a lawyer. Yes … he is gay himself. But his case-history is not exactly in favor of homosexuals, and being gay does not exclude him from having an opinion on this law. If we accept that gay people cannot be judges in cases where gay rights are involved, we cannot allow heterosexual judges to precide in cases involving straight couples.
Suddenly, I foresee certain problems finding enough judges for divorce-cases, but hey … who’s counting?
But there you have it. Judge Walker overturned Proposition 8. In fact, he did it so comprehensively that experts say that while this will undoubtedly go to all the way to Supreme Court, it will be -exceptionally- hard for the Supreme Court to overturn his decision. This is further helped by the ludicrously amateurish case the defense brought to the trial. Very few witnesses, all from known anti-gay organizations, each referring to each other as their source for “scientific” information (oh, and one of these witnesses even said he had part of his information from the Internet), while the prosecution absolutely devastated any and all attempts at bigotry and homophobia as unscientific hatemongering.
In fact, allow me to quote from an article from the internationally acclaimed and highly respected British periodical “The Economist”:
“Surgically and methodically, Judge Walker (who is himself gay) has now ruled that not a single one has any merit: the plaintiffs (ie, the gay and the lesbian couple) did not seek a “new” right, but merely the same right that heterosexuals have, and a right which in America is first and foremost a civil and not a religious matter. “Procreative capacity” has never been the basis of marriage, hence it is irrelevant, the judge found (infertile heterosexuals are allowed to marry, after all). Calling same-sex unions “domestic partnerships” unfairly disadvantages the couples. Allowing same-sex marriage “has at least a neutral, if not a positive, effect on the institution of marriage” and is good for any children involved. And so on, point by point until none was left.
The verdict will by no means silence those who recoil instinctively at the thought of two men or two women marrying. What is new is that, for the first time, any appellate court accepting the challenge must refer to the body of evidence, in the form of extensive expert testimony, that this trial has established. To overturn Judge Walker’s ruling, a court would have to find a flaw in his logic. This now seems a high hurdle.”
I have hope now … that Proposition 8 will die.
And I will finish this with an example FROM the trial. One of the witnesses brought by the defense claimed that no nation in the world has ever survived long after allowing homosexuals to marry.
It wasn’t stated why, but in all likelihood this was a reference to the oft-repeated, unsubstantiated and utterly unscientific lie that society will crumble and collapse if the traditional ideal of marriage is destroyed by allowing people of the same gender to marry.
As Rachel Maddow so eloquently put her response to that: “Isn’t it just awful what happened to Scandinavia?”
And I’ll add to that … isn’t it awful what’s happened to Spain? Or England? Or any number of other countries (I believe Argentina was the latest in the ever-growing line of enlightened, 21st century nations to allow gay marriage).
Please note the irony in both Ms. Maddows and my own questions? Denmark allowed civil unions of homosexuals as the first country in the world back in 1989 allowed homosexuals to enter civil unions.
The EXACT same reasons were then brought to bear by the very tiny minority of rabid religious fundamentalists of all faiths in this country. It would spell the absolute destruction of the state in short order.
It’s been 21 years now. We’re still here.
Civil unions, however, are not “marriage”. There are certain differences, particularly in relation to adoption although recent legislation has removed some of those hindrances. However, in the rest of Europe, most notably England and Spain, actual full fledged marriage is allowed for homosexuals. In Norway, they did it in the most elegant way I’ve seen yet … by introducing a “gender-neutral marriage act”. It isn’t a matter of saying “Gays and lesbians should be allowed to marry as well” but rather saying “people have a right to marry the person they love. Full stop.”
There’s no need to make special provisions for gays and lesbians. Just make the rules gender neutral and the problem is solved. Kudos to Norway for an outstanding piece of legislation.
But in the United States, there are still people who will deny their fellow citizens the rights they are guaranteed by the constitution.
And I challenge each of those specific people … each and EVERY ONE OF THEM OUT THERE … to openly stand up and say “Fine! Gay and lesbian people can’t marry. And because we can deny them their right, we will also reverse the ruling on Brown vs. Board of Education and reintroduce racial segregation. And then as our next step, we shall return to the days of Dred Scott vs. Sandford, disallowing United States citizenship for non-whites!”
And then, Jim Crow shall applaud them from the beyond. And the rest of the world shall know them for what they are.
Bigots.
Hatemongers.
And petty!