Federal gay marriage ban is unconstitutional

In a ruling most interesting for its reasoning, the federal ban on gay marriage has been struck down.

The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.

This ruling has both an upside and a downside and then another upside. The upside is that it says DOMA is crap. The downside is that it only really says marriage ought to be left up to the states, leaving in place all the bigot-based constitutional bans so many states have in place. But then on the other upside, this opens the door for a strong challenge using the Full Faith and Credit Clause of the constitution that says each state must respect the laws of other states. (The whole reason for DOMA was to circumvent this part of the constitution.)

I doubt many conservatives will see the legal validity in this ruling, instead ranting and raving based upon their bigotry, but this is the correct analysis. DOMA has always been an obvious violation of the constitution, no matter what one thinks about gay marriage.

But there’s a second, better ruling.

In a ruling in a separate case filed by Gay & Lesbian Advocates & Defenders, [Judge] Tauro ruled the act violates the equal protection clause of the U.S. Constitution.

“Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit,” Tauro wrote.

This ruling, while also correct, is the dicier of the two. Bigots will argue that homosexuality is a choice and an act which somehow magically harms society, therefore it is okay to classify those who engage in that life style. People on the right side of history will demolish that weak, weak, weak argument by pointing out that DOMA was classifying a group of people, not particular actions. As Tauro said, the constitution does not allow for any law to specify that any group of people be limited in their rights.

Now it’s time to wait until this gets appealed to the Supreme Court.

No equality in Hawaii

There’s a common argument that bigots will put forth in their defense of the privilege* of marriage: marriage is a sacred vow before God that is meant to better secure a happy family, complete with children. Gay people cannot naturally have children with each other, so they ought not have marriage. However, they do deserve many of the same rights. So long as they have marriage by another name, it is far less objectionable.

This argument is still bigoted, ignorant, disrespectful, and asinine, but at least it acknowledges that gay people do have rights. (It has been a struggle just to be sure employers are unable to fire people for something as irrelevant as sexual orientation in many states. Other states still refuse to accept that a gay person shouldn’t be fired from her cashiering job at Wal-Mart.)

But even this not-as-far-right-wing-as-it-could-be argument wasn’t good enough for the governor of Hawaii.

Hawaii’s governor ended months of speculation by vetoing contentious civil unions legislation that would have granted gay, lesbian and opposite-sex couples the same rights and benefits that the state provides to married couples.

Republican Gov. Linda Lingle’s action on Tuesday came on the final day she had to either sign or veto the bill, which was approved by the Legislature in late April.

This comes after Lingle sought advice from two unqualified jokes (otherwise known as rabbis). I suppose it isn’t surprising that someone who believes religion has anything to offer on this subject would also make a terrible decision with awful consequences for human beings.

Lingle said voters should decide the fate of civil unions, not politicians.

“The subject of this legislation has touched the hearts and minds of our citizens as no other social issue of our day,” she said. “It would be a mistake to allow a decision of this magnitude to be made by one individual or a small group of elected officials.”

A year after the Supreme Court struck down anti-miscegenation laws, a majority of Americans still believed it was morally wrong for two people of different races to marry. The masses are not to be trusted with the rights of minorities.

*It is actively a right in 5 states and D.C.

Bob Emrich and Uganda

Uganda has been well established as a good place for bigots to visit. In October of 2009 it introduced an Anti-Homosexuality Bill which would have made being gay punishable by life in prison or even death. This was on top of the already strong anti-gay laws in Uganda, one of which already made homosexuality punishable by 14 years in prison.

Several Evangelical Christians visited Uganda at this time, some of them specifically being involved in encouraging the bill. Bob Emrich, a pastor and one of the sexually immature leaders of the anti-equality movement in Maine last year, was in Uganda for two weeks just after the bill was introduced. He sent an email to his faith-heads in which he expressed support for a Ugandan article which said this:

This whole concept of human rights grates my nerves. It has made people un-african, mean and self-centered.

One can now shamelessly stand up and tell you: “I do as I please. You have no business in my affairs.” A sodomist can now swear to you that what they do in the privacy of their bedroom does not concern the public.

No wonder when a brilliant MP comes up with a Bill against homosexuality, the human rights activists baptize him an enemy of the people.

It is high time politicians, religious leaders, cultural leaders and all concerned Africans woke up and defended the African heritage against the moral confusion of Western civilization. This civilization is eroding African moral pride.

The so-called human rights activists have hijacked the driver’s seat and are sending nations into the sea of permissiveness in which the Western world has already drowned.

Emrich later said he was against life imprisonment and the death penalty for gays, but he had also already noted what “a refreshing change of pace” it was to be in Uganda. Uganda – a country known for its imprisonment of gays, something which was being discussed in an article Emrich was quoting and lauding.

Fast forward and now someone has called Emrich out on his bigotry.

It’s time to remind people about Emrich. In the fall of 2009, Emrich spent several weeks in Uganda working alongside anti-gay activists.

Presumably at that time, Emrich thought it was a good idea to remind people in Uganda about the evils of gay people.

Since gay marriage in Uganda was nowhere in sight, the activists’ motivation was to marginalize gays in general.

In October 2009, amidst the anti-gay activity in Uganda, a bill was introduced in the Ugandan Legislature that criminalized gay activity in Uganda, including the death penalty for a number of gay “crimes.”

It might seem hard to believe that Emrich would approve of the death penalty for gays, but shortly after his return to Maine, he sent an e-mail to his supporters about his trip.

Emrich’s e-mail included text from an article published in Uganda that condemns gays and their supporters and lauds the “brilliant” person who introduced the anti-gay bill.

Concerning the article, Emrich says “I think it speaks for itself.”

He was conspicuously silent about the death component of the Ugandan bill.

There’s some wiggly truth in this. First, Emrich claims to have been there to help build schools, train pastors, feed children, and conduct medical clinics, not working alongside anti-gay activists. But who isn’t an anti-gay activist in Uganda? I believe Emrich when he says he was not expressly working alongside any particular, organized political groups, but “expressly” is key. The building of schools and training of pastors fits is the method Emrich was choosing to indoctrinate children into a sea of ignorance, hate, and sexual immaturity. As he said, one of his favorite sentiments in Uganda was that “in order to have a healthy village, there must be a strong and healthy church”. This reflects the ideas of hate in the article Emrich loved so much which urged for a rejection of human rights in favor of maintaining small, heritage-based (read: anti-gay) villages in Africa. Emrich’s actions and subsequent email reflect what his whole mission was all about: he was trying to strengthen religion in a country which enthusiastically condemns gays, going so far as to praise an article which called that death penalty bill for gays “brilliant”.

But let’s hear from Emrich himself.

As for Uganda, the people still need help. Thousands live in remote villages, without access to clean water, sufficient food and medical care. Without transportation, electricity or newspapers, they have no time for political activism. They appreciate the help some Mainers have provided, and they are finding great hope and strength in the Gospel of Jesus Christ.

I skipped the opening and body of his response since I’ve already summarized some of his contention, but this conclusion is indicative of the sort of sexually immature, bigoted person Bob Emrich is. He’s pretending like his concern is purely for the people of Uganda, but he belies his claim when he goes on to imply the need for political activism in Uganda. He knows exactly what an increase in a focus on social issues means for gays in Uganda. He may disown parts of the article he lauded before he got caught, but he has never said he disagrees with the criminalization of homosexuality. In fact, in another email (some people are just too old to handle this stuff, I think), he clarified his position by saying this:

Personally, I agree that these (acts of sexual consent between two people of the same sex) are serious and grievous offenses but I do not believe they should be punishable by death or life imprisonment. The homosexual activists and bloggers are claiming that Ugandan officials, with the endorsement of American Christian leaders, are calling for the execution of all homosexuals. They are not to be believed. But deception and confusion serves their purpose.

Actually, it’s true that Ugandan officials and some Christian leaders in America have called for the death penalty, but that’s besides the point. What I’m wondering is why Emrich is so unwilling to homosexuality should not be a crime. But then, just like with the article he loves so much, maybe human rights really grate his nerves.

Obama helps correct misdeeds against Constance

Constance McMillen is that girl whose school denied everyone prom because she’s gay and they’re bigots. The school then encouraged parents to host their own prom while sending Constance and a couple of others to a fake prom. It’s pretty disgraceful, full of ignorance, and plainly ugly. Itawamba County Agricultural High School in Mississippi, like much of the rest of Mississippi, has a lot of sexually immature Christians running around. But then, it’s always nice to have more explanation why the state routinely ranks last in education.

Fortunately, Constance will now be attending a LGBT reception at the White House.

McMillen will attend a White House reception Tuesday for lesbian, gay, bisexual and transgender citizens from around the nation in recognition of gay pride month.

The White House confirmed Friday that Obama will host the event and is expected to deliver brief remarks.

After the prom controversy, McMillen said, she faced a hostile environment from her peers and transferred out of her northeast Mississippi school district to a school 200 miles away in Jackson.

In the more educated environment of the Obama administration, she won’t have to face such aggressive hostility.

Ashley F. Miller on Salon

Ashley F. Miller has an OpenSalon post up on Salon about Prop 8. I enjoyed it.

Give it a read.

Governor of Hawaii gives undue respect to rabbis

Governor Linda Lingle has a serious issue facing her. She has been given the opportunity to increase the rights of the gay citizens of Hawaii by approving civil unions. They will still be separate, which is never equal, but their lives will be improved by some degree. Unfortunately, she is seeking advice from two wholly unqualified individuals.

Rabbis Itchel Krasnjansky and Peter Schaktman hail from different branches of Judaism and hold starkly contrasting views on whether same-sex couples should be permitted to form civil unions in Hawaii.

What they have in common is the ear of Republican Gov. Linda Lingle, who has until June 21 to announce whether she may veto the only pending civil unions legislation in the nation.

Neither of these rabbis deserve to be consulted on this issue. Lingle is herself Jewish, but she’s also the head of a secular state in a secular country that is premised in secular notions and secular law. But even if the U.S. government was religious, no justification has been given that shows any theologian of any flavor has done anything to address any important issues. Theology is merely for those who already agree on a given premise – if A is true, then B. But no one has given any evidence for A. We’re all still waiting.

But Schaktman, who leads the Reform Temple Emanu-El, insists Judaism teaches that all people regardless of sexual orientation are and should be treated as “children of God,” and thus should not face discrimination.

“Civil unions are a legal arrangement,” he said. “Therefore, anyone who uses religion to oppose civil unions is purely using religion to further homophobia.”

Schaktman gets this all technically right for the most part. Judaism may well teach that all people are children of God. How he concludes they ought not face discrimination is subjective (especially considering what a tribal book the Torah is), but he can make a rational argument for the position. Unfortunately, that’s still if everyone agrees that Judaism is a valid source of knowledge. Since it offers no reliable methods of inquiry or useful, defined tools for coming to consistent, objective conclusions, I have to reject it.

And Schaktman gets it right that civil unions are purely legal arrangements and anyone opposing them are bigots. But he ought to go one step further. Marriage is purely a legal arrangement in the eyes of the government. People put their own values into what marriage is, but that’s irrelevant here. If marriage was purely a religious institution, then which one? Most Americans would say Christian, but the government of Hawaii is showing she clearly disagrees when she consults two rabbis. And even if it’s possible to agree on marriage being about just one religion, the institution is still rife with inconsistency when it allows other religious members (as well as the non-religious atheists, agnostics, humanists, and deists) to marry. This makes it pretty obvious that this isn’t merely about marriage being based in religion; it’s about bigotry and homophobia and sexual immaturity (the latter being one of the biggest hallmarks of religion).

Racism through proxy

Didn’t you know? The racist past of 20th century America wasn’t based upon cultural oppression, poor education and high illiteracy, the loss the economic viability of slavery, religious tolerance and encouragement for slave holding, segregation, rural isolation, or any of those well-known things. Nah. It was based upon eugenics.

Frequently, when seeking a legal precedent for same-sex marriage, advocates will cite the Supreme Court’s rulings against anti-miscegenation laws. Those laws, which existed in a number of states in the early half of the 20th century, prevented people of different races from marrying. The primary Supreme Court ruling in question was Loving v. Virginia which effectively rendered unconstitutional all laws against interracial marriage. Interestingly the specific law it dealt with, the Racial Integrity Act of 1924, wasn’t based on ‘racism’ per se, but on scientific ideas of eugenics, an idea derived from Darwin’s evolutionary theory, a product of the scientific and legal consensus in the 20′s and 30′s.

You got that? Racism – that thing that existed long before the abolitionist Darwin came along – wasn’t really the basis for the Racial Integrity Act. Heck, how can a law be racist if people try to justify in other ways? I mean, no one wanted to quiet down all those civil right leaders because they were black; it was really because they were uppity. Or all those women who wanted to vote? Well, gee, let’s be fair. No one was against them voting because they were women; it was really because they were hysterical. Or those Injuns. Golly shucks, it wasn’t because they looked different and dressed funny; it was really because they were so savage.

What the above blogger – to no one’s surprise, I’m sure, Jack Hudson – is willfully missing is that eugenics was never much of a scientific idea as it applied to humans. When it comes to animals, we use it frequently because we put less value on the lives of, say, livestock. That makes it more acceptable to say it is of high value for a cow to produce copious amounts of milk; we haven’t given the cow much value in the first place, so we have no particularly diminished anything. With humans, we tend to start with a high base value. Whether that’s right or wrong is another question, but it’s what people tend to do.

Let’s say we have two sorts of scales. We have a universal scale we use to measure species against each other. It’s a rather detestable, arbitrary scale, but the reality is that we unconsciously use it all the time (it’s okay to torture a moth, but not a bird, usually). Then we have a local scale which measures individuals against each other. Say each scale runs 1 (low) to 10 (high). On the universal scale we almost always rank humans as having the highest value of 10. We may, however, rank other animals very highly. A baboon, for example, may be a 9. This provides for two distinct base lines; we start humans at a high base value than other animals.

This high base value comes with a number of usual stipulations. Treat all humans fairly, all humans deserve freedom, do not kill any human, etc. But once we apply the local scale, we may put restrictions based upon actions and behaviors. Deranged killers do not deserve their freedom. On the universal scale they’re still a 10 by virtue of being human, but they may rank as a 1 on the local scale.

What eugenics did was change the fundamental ranking of humans; it altered our universal scale ranking. No longer were humans 10 simply by being human. They were instead ranked by the same arbitrary measures used to place baboons and leopards below humans in the first place.

But in order to get to the point of ranking humans as non-humans based upon race – and this is a crazy one – racism had to exist. The prejudices and bigotry of civilizations did not spring from any scientific idea: look at the Christian-induced Dark Ages. A severe lack of science did nothing to stop the de-valuing of individual human lives.

In the time during and after Darwin, racism flourished. From this – not evidence, knowledge of genetics, or any known mechanisms of evolution – eugenics arose. Science was the faux veneer abused to make it all look legitimate. Evolution had nothing to do with the matter. But even if it did, this is all an ugly, dishonest, creationist rhetorical tool. Associate evolution with something bad and, well, it just must be wrong! Just ignore the fact that evolution is a scientific fact, void of anthropomorphic values, while eugenics is nothing but a reflection of racist values.

The rest of this ugly, ill conceived post goes on to quote a philosopher of bigotry, Francis J. Beckwith, about same-sex marriage.

“It is clear then that the miscegenation/same-sex analogy does not work. For if the purpose of anti-miscegenation laws was racial purity, such a purpose only makes sense if people of different races have the ability by nature to marry each other. And given the fact that such marriages were a common law liberty, the anti-miscegenation laws presuppose this truth. But opponents of same-sex marriage ground their viewpoint in precisely the opposite belief: people of the same gender do not have the ability by nature to marry each other since gender complementarity is a necessary condition for marriage. Supporters of anti-miscegenation laws believed in their cause precisely because they understood that when male and female are joined in matrimony they may beget racially-mixed progeny, and these children, along with their parents, will participate in civil society and influence its cultural trajectory.

Most of the emphasis is in the original piece itself, but note mine in bold. By nature. You know what that is? It’s an invocation of Natural Law theory. That’s the silly little theory that says the good is what is natural. What it really tries to do is say that human action is bad because it presupposes that humans are somehow not a part of Nature. But it isn’t honest enough to come out and say it. And what’s worse, it is entirely impotent to explain why same-sex marriage is bad but flying across the country in a giant metal tube is good.

Beckwith is saying the analogy drawn between anti-miscegenation laws and anti-gay marriage laws fails because the former was meant to prevent reproduction while the latter has a different basis. This misses the whole point of the analogy. Historically it’s very important to understand the reasons behind discrimination. Practically it matters less: discrimination is discrimination is discrimination. How one wants to rationalize bigotry doesn’t really matter, what with Lady Justice being blind and all.

But if Beckwith really wants to disseminate the reasons for gay discrimination, the reality is that bigots place their opposition to marriage equality in their religious-based sexual immaturity, their ignorance of what it means to be gay, and the one big thought that goes through their minds, “Yucky!”.

Gays are like terrorists

That’s what Bill O’Reilly thinks.

Gay groups tossed Fox’s Bill O’Reilly into the deep fryer Thursday for mocking a gay-friendly McDonald’s airing in France – and burning up the web.

The ad features a teen chatting his boyfriend on the phone while his dad is at the Mickey D’s food counter. He hurriedly hangs up and smiles wryly when his dad sits down and tells him he can have any girl he wants.

“Do they have an Al-Qaeda ad?” O’Reilly asked Wednesday night on his Fox show.

Read more: http://www.nydailynews.com/entertainment/tv/2010/06/03/2010-06-03_bill_oreilly_draws_calls_for_apology_after_he_mocks_gay_friendly_mcdonalds_ad_on.html#ixzz0pqi1Rl00

It’s hard to see how context adds anything that helps Billo here. After he and Jane Skinner are confused over why McDonald’s would make such an ad, he compares it to the validity of an ad for al-Qaeda. They apparently don’t get that McDonald’s is trying to reach out to all parts of society. That’s why they always have a black guy, Asian woman, and a few other minorities on their products and in their commercials. They want to come across as non-discriminatory. Billo has to be stupid to think that means they want to also reach out to terrorists.

I just hope they make another ad with the same actors where the kid comes out to his dad.

Some benefits for gay couples

It’s a step in the right direction.

President Barack Obama on Wednesday expanded benefits for same-sex partners of federal employees, a move likely to be welcomed by gay rights activists who have questioned his commitment to their causes.

Obama said he had directed government agencies to offer a number of new benefits to the families of gay and lesbian federal employees, including family assistance services, hardship transfers and relocation expenses.

How horrible. More families have more equality. Next logical stop: sex with animals. R-right?

Of course, the only way any of these families can actually get more than a taste of equality is through full marital rights – you know, those legal rights that are legally conferred upon people through a legal contract.

A legal netherworld

Same-sex families suffer from the ridiculous patchwork of laws the U.S. has regulating marriage. Most states are allowed to forego the Full Faith and Credit Clause and pretend as though a couple legally married in, say, Iowa is really single. This presents massive problems in family affairs, when tax season comes around, and for basic human decency.

That’s been a problem for Cari Searcy and Kim McKeand of Mobile, Ala. They married in California in September 2008 during the brief period before same-sex marriages were banned there by a ballot measure, Proposition 8.

It was a whirlwind wedding trip, and the couple promptly returned to Alabama — a state unlikely to recognize same-sex unions without some sort of federal mandate that for now seems far away.

Even with a marriage license, Searcy has been unable to complete a second-parent adoption and is not recognized by Alabama as a legal parent of the couple’s son, Khaya, whom McKeand gave birth to in 2006. Yet despite that rebuff, there’s no talk of moving out.

“We’re from the South — this is our home,” Searcy said. “If everybody moves to states that recognize it, how are we going to change?”

Day to day in Mobile, there’s little practical benefit to being married, Searcy said, though she and McKeand enjoy referring to each other as “my wife.”

“One of the biggest things — now that Khaya is talking — he’s constantly going around telling people, ‘My mommies are married,’” Searcy said. “He’s really proud of that. Seeing that through his eyes, that’s pretty special.”

This is the most obvious blight on American history since segregation. Do read the entire article; it offers a lot of insight into the practical side of marriage, effectively rebuffing the claims of bigots that same-sex couples can just get around not being married through other legal arrangements.