The passage of Proposition 8 in California, as well as the bans on gay marriage in Arizona and Florida, only reinforce my thinking that the US Constitution needs to be amended to protect equal rights for all Americans.
True progress will not be made for gays, lesbians, transgendered nor intersex people without protection from the US constitution. LGBT folks are protected by the constitution, but until an amendment appears stating explicitly that all people should be equal, then bigoted legistlation like Proposition 8 will continue to work its way into the books.
Constitutional history demstronstrates that amendments in the constitution enshrined civil rights for black Americans and voting rights for women.
13th Amendment: Outlawed slavery.
14th Amendment: Equal protection under the law. Due Process. Citizenship clause.
15th Amendment: Voting rights cannot be abridged based on race.
19th Amendment: Voting right cannot be abridged based on sex.
24th Amendment: Eliminated poll taxes.
With civil rights specifically protected by the Amendment, the US Supreme Court would have to make decisions that protect civil rights. Brown vs. Board of Education is an example of how the Supreme Court interpreted "Separate, but Equal" arguments as unconstitutional.
An Equal Rights Amendment (ERA) would raise doubt in Federal laws like the Defense of Marriage Act (DOMA). Specific language stating that sex discrimination is illegal would recognize same-sex marriage as a right that has to be protected under the US Constitution, and therefore superceding state laws banning gay marriage.
The Equal Rights Amendment would also being greater equality not only for women or LGBT persons, but for all people. Is that such a bad thing?
In our recent history when we have finally elected a mixed race man to the White House, is it not time to bring about greater equality in the United States?
If I had one hour with President-Elect Obama:
I would tell him my experience as a gay, Asian American. I would tell him how proud I am to be such a person. I would tell him, I would not be able to serve openly gay in the military. I would explain to him how I would not be able to share in Federal benefits that come with marriage should I decided to marry my lover one day. I would tell him that even in 2009, with all the progress the US has made within the last 40 years, most Americans are afraid of LGBT people.
Race and sex are still challenges that must be confronted with this new administration. I'm not arguing that health care and economics are not important, but we often neglect civil rights. Just examine the past eight years and you'll understand how civil rights often are ignored.
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Dave Cullen
Joan Walsh
Kerry Lauerman
Salon.com
Comments
I have the right to marry a woman, so do you. I do not have the right to marry a man, neither do you. So where are we unequal?
Equal rights means we both can do the same thing. I does not mean we can do what ever we want. For that you would have to pass the "whatever I want amendment".
That may be the stupidest argument I've heard against same-sex marriage since...well, OK, ever.
Personally? I think the only practical way to get to equality is to abolish civil marriage entirely. What we need in the civic, legal, and tax arena is a system that offers only one type of partnership. Doesn't matter what it's called, as long as that word is NOT "marriage" (which is an institution that historically belongs to the church and will never, ever be able to be extricated from those origins.)
Let the churches marry whomever they want to. That's their job.
The state's job is to protect all of its citizens. Lose civil "marriage" in favor of something else. I'd lay money down that very few religious types would manage to work up the energy to try to "protect" Civil Partnership.
Thumbed.
People who want to lay another layer of religion (marriage) over top of that would be welcome to do so.
Verbal- there was a really interesting OpEd in the NY Times about taking marriage private. I think it's essentially what you are saying. I hadn't thought of that before as a solution. I wonder if it could happen.
Pleading ignorance for Catnlion's, he's actually real nice. Clueless about what it's like to be gay, but nice.
Hope you put it into Obama's Briefing Book.
Verbal Remedy
"How very convenient for you, Catnlion, that nature wired you to WANT to marry a woman"
Here you are on the right track, you have just not gone far enough.
"That may be the stupidest argument I've heard against same-sex marriage since...well, OK, ever."
I'm not against same sex marriage. I think, like you, there needs to be another name but I think same-sex people should have every right and benefit MW couples have.
JustJuli,
"Not too long ago we were not free to choose partners of different races. If race doesn't matter- why does sex matter?"
Sex doesn't matter. Yes there was a time where I couldn't marry a black and a black couldn't marry a me. Not right, I agree, but equal.
hyblaean
You have mail.
My argument has nothing to do with what is right or wrong. While there are boat loads of things that are wrong and need to be fixed, I realize that there will always be. As soon a one gets better something that is off the radar now will move on.
My point is they are equal. They may be equally wrong, but they are equal.
First of all, I have no desire to marry a woman. You may not have the right to marry a man, but we are unequal because I don't have the privilege of having my gay relationship recognized by the state...and that's a serious legal challenge for LGBT persons.
We know families of all kinds exist. Same sex couples adopt and sometimes have their own children. Don't those families have the option of having parents that are married?
Your perception about relationships and marriage is one of privilege. Straight folks never have to worry about being gay bashed or finding acceptance within heteronormative America. Queer folks are just that: queer and not considered normal within society.
Of course, I don't believe in that statement completely. But language does reveal attitudes about the people who use it.
Indeed, we are equal. We're all human individuals. But don't make the argument that I'm a "special class" of people (as McCain has sometimes argued against equal protection laws for LGBT persons).
Please don't make the argument that we're equal. I never assume that my experience is equal than anybody else's. Racism and bigotry are still challenges in America that still haven't been fully addressed.
Furthermore, did you not read my second to the last paragraph? I suppose Mark Twain was right: Denial ain't just a river in Egypt.
You can't have what you want and I can't have what I want. We are equal.
Your problem is you are confusing fair and right with equal. They are not the same thing. They are apples and oranges.
We can't all have what we want. That's not being unequal. You may think you have it worse than somebody else, but that is not unequal. Experience wise, nobody is equal, but we are not talking about that, we are talking legally. You want laws making what you want legal. I hope you get it. You getting yours is the only the first step in getting mine. But even if you get your's, we are still equal because I will also have the right to marry a man. May not want it, but I have it. We are equal.
Guess what. The only class you are in is the human race. Guess what, so am I. We're equal.