Gays don’t belong at the back of the bus

But that’s where we keep putting them:

Frederic Deloizy says his life began the day he met Mark Himes by chance at a birthday party in April 1990.

Himes had recently started a job with Pennsylvania State System of Higher Education, and Deloizy was studying at a nearby college. The strangers arrived at the party at the same time, and Deloizy held the door open for Himes, catching his eye.

“It was love at first sight. We felt we belonged together,” Deloizy said.

What followed was a whirlwind romance lived out across two continents, through overseas phone calls and hand-written love letters.

Deloizy, a French national, spent the past two decades in and out of the United States leapfrogging from one visa to another, in hopes of creating a life together with Himes, who was born and raised outside of Harrisburg, Pennsylvania.

But 21 years and four adopted children later, the couple — who were married in California in 2008 — is fighting to stay together since Deloizy’s final visa expired in September.

And, of course, DOMA is forcing this couple to the back of the bus. Hell, it’s kicking one of them out of the vehicle all together. How anyone can’t see that this is wrong is beyond me.

I would love to hear some conservative bigot try to justify this. Oh, marriage is for the protection and well-being of children? Then how about we make the lives of the four children involved here a whole lot better? I realize that the emotional and financial well-being of human beings who are different isn’t important to most conservatives, especially those conservatives of the religious variety, but it is nothing short of hypocrisy to want to deny this small litter of kids their parents. It can only be a good thing to facilitate a loving home. That fact is nothing but improved under the presence of children.

Bigot Boehner

Bigot Boehner has a boner for banning benefits bequeathed in bonds:

House Speaker John Boehner said Friday the House may go to court to defend the federal law against gay marriage, which President Barack Obama’s administration has concluded is unconstitutional.

This helps no one, is based purely in bigotry, is itself blatantly unconstitutional, is political pandering, is overtly on the wrong side of history, and will only serve to continue to irrational hardship society inflicts upon gay couples.

Justice Department to no longer defend DOMA

Given that the act is legally and morally indefensible, this makes sense.

Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act “contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships — precisely the kind of stereotype-based thinking and animus” the Constitution is designed to guard against.

Good.

Also, take note of this:

Holder’s statement said, “Much of the legal landscape has changed in the 15 years since Congress passed” the Defense of Marriage Act. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military’s “don’t ask, don’t tell” policy.

The highlighted portion references Lawrence v. Texas. Political Justice Scalia, being purely political and all, made his biggest objection to overturning the anti-gay laws in Texas on the basis that the decision could lead to the legalization of gay marriage. He also says that it’s important to abide by the past decisions of the Court less there be an overwhelming reason for change. That means – logically – that he will likely support overturning anti-gay marriage laws. Key word “logically”. So don’t expect him to care about that. Just watch. The guy is a joke, the worst legal mind the nation. He will vote to uphold every anti-gay law that comes his way, no matter the constitution or previous rulings of the Court.

When they say Biden had a gaffe…

…what everyone really means is he said something true that a lot of people don’t want to hear.

Vice President Joe Biden predicted Friday the evolution in thinking that will permit gays to soon serve openly in the military eventually will bring about a national consensus for same-sex marriage.

Changes in attitudes by military leaders, those in the service and the public allowed the repeal by Congress of the “don’t ask, don’t tell” policy, Biden noted in a nationally broadcast interview on Christmas eve.

“I think the country’s evolving,” he said on ABC’s “Good Morning America.:” And I think you’re going to see, you know, the next effort is probably going to be to deal with so-called DOMA (Defense of Marriage Act). He said he agreed with Obama that his position in gay marriage is “evolving.”

Here are the basic facts that support Biden:

  • The U.S. Constitution does not give the states or feds the ability to discriminate against gays as a group.
  • The U.S. Constitution, in fact, bans such discrimination.
  • The point of marriage as sanctioned by the government is to provide a framework of rights to two individuals.
  • As more and more people come out as gay, more and more people realize that they never had anything to fear.
  • Christianity is losing its grip. I mean, let’s not get crazy and feed into the persecution complex so common among Christians: the religion is still extremely strong and to be a Christian in America is to have an overall advantage in so many ways (sort of like how being white is an overall advantage).
  • But it hasn’t the grip it once did.

  • Old people tend to be bigots at a higher rate than young people. They also tend to die at a much higher rate. And if we add 1 and 1…

Now sit back and wait for the bigot organizations to use Biden’s statements as a source of fear; they’ll use his words to try and thwart lesser efforts than gay marriage, all the while claiming that their concern is to prevent a slippery slope to equality in marriage. Of course, that will be one of their concerns, but their bigger concern will be to prevent gays from enjoying any civil rights whatsoever.

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.