Gay marriage now legal in Argentina

Another nation takes a step towards the right side of history.

Argentina’s Senate passed a gay marriage law early on Thursday following more than 14 hours of charged debate, as hundreds of demonstrators rallied outside the Congress in near-freezing temperatures. Senators voted 33-27 for the proposal, with three abstentions.

“We’re now a fairer, more democratic society. This is something we should all celebrate,” Maria Rachid, a leading gay rights activist, said as supporters of the law hugged each other and jumped up and down after the vote.

Argentine President Cristina Fernandez supports gay marriage on human rights grounds and is expected to sign the law after her return from a state visit to China.

Good. There will be more happy individuals in Argentina, with no adverse effects on society 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.

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.

Gillard is against gay marriage

If it was ever true that anything followed from atheism, then it’s odd that there are a number of atheists like myself who favor equal treatment of gays, while at the same time there are other atheists who think just the opposite. The Prime Minister of Australia is one example.

Prime Minister Julia Gillard says she does not support legalising gay marriage in Australia.

Labor policy on gay marriage will remain the same under her prime ministership, Ms Gillard told Austereo show today.

“We believe the marriage act is appropriate in its current form, that is recognising that marriage is between a man and a woman, but we have as a government taken steps to equalise treatment for gay couples,” Ms Gillard said.

Asked if that was also her personal view, Ms Gillard said it was.

I suppose she did only say she was atheistic, not anti-theistic.

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.

At least they aren’t all crazy

Despite Dubya being the worst president after James Buchanan, Andrew Johnson, Millard Fillmore, and Franklin Pierce, his messed up ideology is not wholly pervasive within his family.

She may have been born into a Republican family, but Barbara Bush, the 28-year-old daughter of former President George W. Bush, sounded more like a Democrat this weekend during an interview with Fox News. When “Fox News Sunday” host Chris Wallace asked her whether she supports President Obama’s health care reform plan, she responded: “I guess I’m glad the bill was passed.”

“Why do, basically, people with money have good health care and why do people who live on lower salaries not have good health care?” she said. “Health should be a right for everyone.” She is president of the Global Health Corps, an organization that champions global health equity.

The article goes on to cite Laura Bush’s support for Supreme Court nominee Elena Kagan, as well as her support for abortion rights and same-sex marriage. It’s nice to at least know that whole family isn’t a bunch of loons.

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!”.

Thought of the day

The force standing in the way of proper science education? The force standing in the way of marriage equality? The force standing in the way of child safety? The force standing in the way of even beginning to find peace in Nigeria and the Middle East?

Religion.

And is there evidence for its creation stories? Can it offer well-reasoned ethical arguments against gay marriage? Can it justify allowing parents to forego needed medical care for their children? Can it operate beyond its sectarian labels? Can it be reconciled with fundamentally different claims?

No.

No, no, no Iceland. This won’t work at all.

Parliament in Iceland has voted unanimously to allow gay marriage.

The Althingi parliament voted 49 to zero to change the wording of marriage legislation to include matrimony between “man and man, woman and woman,” in addition to unions between men and women.

Iceland, a socially tolerant island nation of about 320,000 people, became the first country to elect an openly gay head of state in 2009 when Social Democrat Johanna Sigurdardottir became prime minister after being nominated by her party.

“The attitude in Iceland is fairly pragmatic,” said Gunnar Helgi Kristinsson, a political scientist at the University of Iceland. “It (gay marriage) has not been a big issue in national politics — it’s not been controversial.”

The prime minister’s sexual orientation garnered far more interest among foreign media than in Iceland, where the attitude toward homosexuality has grown increasingly relaxed in the past two or three decades, Kristinsson added.

This is all wrong. I mean, that unpronounceable volcano already erupted awhile ago. What are the chances another natural disaster happens in Iceland anytime soon? How will Pat Robertson et al claim God is punishing da gays?