The Supreme Court’s Decisions and the New Mason-Dixon Line

I have not posted here for several months and I will address that in my next post; however, I want to resume my blog commenting on yesterday’s significant developments.

Yesterday the long awaited decisions from the U. S. Supreme Court were finally announced. The first decision on DOMA was a substantive, although only a partial, victory. It was substantive because Section 3 of DOMA was struck down. The practical effect of this is that couples who are married in one of the states that recognizes full marriage equality for all of its citizens, will now have their marriages legally recognized by the Federal government.

Real world, this means they can file joint tax returns; in fact, they can amend their tax returns for the last 3 years, provided of course that they were legally married in a state that legally recognized their marriage. It means Social Security benefits for married partners. It means health care benefits. It means that persons married to someone in the military will now have access to base housing, spousal benefits and can be buried next to their husband/wife in a military cemetery. It means BI-national couples will not suffer the deportation of their other half by the INS. All of this and a myriad of other rights and obligations too numerous to list here.

For Californians, Prop 8 is finally dead, well almost. It will take 25 days for the U. S. Supreme Court’s decision to be officially communicated to the Ninth Circuit Court. Upon that official communication, the Ninth Circuit will then lift its stay on the decision that Prop 8 is unconstitutional. Governor Jerry Brown and the California Attorney General have already instructed all 58 counties in our state to immediately begin to issue Marriage Licenses once these legal technicalities are fulfilled. We should have Marriage Equality practically restored in California by the middle or end of July.

Brian Brown of the National Organization for Marriage (NOM) had predicted a “HUGE” victory at the Supreme Court. He was correct, but for Marriage Equality and not for continued legal discrimination against LGBT people.

All of these developments are cause for joy and celebration. I recall being there at the corner of Santa Monica Boulevard and San Vincente in 2008 when the evil, and now defunct, Prop 8 was declared legal. We marched from that corner up to Sunset Boulevard and then on to Crescent Heights and back down to Santa Monica. In a humorous aside my partner and I found ourselves at the head of the crowd. We decided to walk back to the parking lot where our car was, not realizing that thousands of people were following us up the small side street. That little gaff provided a much appreciated, and needed, moment of laughter in an otherwise difficult night.

Yesterday streets were closed down here in LA, and other places across California and America. This time it was not to protest an evil injustice; but rather to mark and celebrate the achievement of a milestone for justice and human dignity. Such celebrations were more than warranted, as Thea’s partner and survivor said to journalists: “If I had to survive Thea, what a glorious way to do so!” Her love and wife were FINALLY recognized as valid and full citizens with the same equal rights and dignity that we all deserve! FINALLY!

Therein, however, lies the rub. Not everyone is equal. Proponents of injustice and inequality bellowed that 37 states deny those very rights to their subjects (citizens). They love to count their seemingly superior numbers; however, they conveniently overlook the populations of marriage equality v. discriminatory states. There are TWO Americas. I thought back to my 5th grade history class with Mrs. Martse, she explained the Mason-Dixon line to our class. It was an arbitrary line across America. A compromise, a way to accommodate two desperate views of humanity within a divided political reality.

The idea that an entire group of human beings can be abused, dehumanized, vilified and denied fundamental civil rights is not a new idea. The fact that other human beings can be so devoid of both empathy and wisdom, and create artificial justifications for such abuse of others, is a recurring tragedy within human history. Yet, here we are-again and so, while I rejoice that I live in a “Free” state, I lament that we live in a nation that is still half enslaved.

The words of President Lincoln speaking to this reality in his day, came to mind yesterday:

"A house divided against itself cannot stand." I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved; I do not expect the house to fall; but I do expect it will cease to be divided. It will become all one thing, or all the other.

His words provide comfort and hope; but simultaneously they are a call to action until all of us in all 50 states, and internationally, are free. A Yale law school professor yesterday commented that the Supreme Court decision on DOMA will inevitably lead to full equality throughout America within five years. In principle that seems true; however, it takes blood, sweat and tears to translate principles into laws. It takes generations of such perseverance to then translate laws into social attitudes. Other people in other ages have overcome injustices and malicious prejudices, we will too and for the very same reason: because we have no other choice.

How to beat John Eastman, NOM's new spokesperson, in public debate

The Associated Press reports the following, re-printed by the Huffington Post:


"A law school professor from Southern California was named Thursday as the new chairman of the National Organization for Marriage, one of the most active groups opposed to the legalization of same-sex marriage.
John Eastman, a professor and former dean at Chapman University Law School in Orange, Calif., will replace NOM's co-founder, Maggie Gallagher, who will remain a member of the board while devoting some of her time to finishing a book about the same-sex marriage debate.


Eastman, a former clerk to U.S. Supreme Court Justice Clarence Thomas, ran unsuccessfully last year for state attorney general in California, though he did garner support from some tea party activists."




In confronting John Eastman, the new spokesperson for NOM, I would suggest using material presented in Professors Salzman and Lawler’s recent book, “The Sexual Person.” ISBN: 9781589012080 (1589012089)


The Huffington Post re-published an interesting article by Phyllis Zangano on “The Sexual Person” on 29 September 2010,



"Salzman and Lawler's dense academic argument turns traditional Catholic teaching on natural law on its head. They redefine natural law, saying "nature" is personal and individual, and that sexual activity need not be directed at procreation (contrary to what the Catholic Church has always said).

Salzman and Lawler argue that what is "natural" for a heterosexual is not "natural" for a homosexual, and therefore homosexuals and heterosexuals must act in accord with their personal "natures".

In other words, if it's "natural" for a homosexual to perform homosexual acts, then--for that person--heterosexual acts would be "unnatural" and immoral. For the two professors, homosexual activity is only immoral for the heterosexual acting against his or her nature."


Georgetown University Press offers this review, for more click here,


"Two principles capture the essence of the official Catholic position on the morality of sexuality: first, that any human genital act must occur within the framework of heterosexual marriage; second, each and every marriage act must remain open to the transmission of life. In this comprehensive overview of Catholicism and sexuality, theologians Todd A. Salzman and Michael G. Lawler examine and challenge these principles. Remaining firmly within the Catholic tradition, they contend that the church is being inconsistent in its teaching by adopting a dynamic, historically conscious anthropology and worldview on social ethics and the interpretation of scripture while adopting a static, classicist anthropology and worldview on sexual ethics."


Professors Salzman and Lawler’s work is a very important tool in our battle for Full Federal Legal Equality, because “Natural Law” arguments form the philosophical foundation for Anti-Equality laws and policies. Salzman and Lawler's arguments transform Natural Law into our ally for full Equality and should be required reading for anyone debating John Eastman, Robert George and other NOM spokespersons.

Dangerous Complacency

On July 2nd, 1964 President Lyndon B. Johnson signed the Civil Rights Act that had just been passed by the U.S. House of Representatives a few hours earlier, into law. The act outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools.


Passage of that piece of legislation was not easy. It had been bottled up in the House Rules Committee and in the Senate, opponents attempted to kill the legislation with a filibuster. It is a testament to the tireless work and clear vision of people of conscience that the Civil Rights Act became law in 1964. But, what if it all ended with the passage of that landmark legislation? What if all activist decided simply to stop all of their work on July 2nd, 1964? What if the NAACP simply closed its door on that victorious day? What if donors to the advancement of Civil Rights and human dignity decided to stop donating? What if volunteers decided to lend their efforts to other causes, and there were several important causes and good works (the Vietnam War, Peace Corps)? What if the President simply decided to focus on other matters?


Without sustained political pressure, volunteers, donations, activists, we would probably never have passed the Civil Rights Act of 1965 that outlawed literacy tests and poll taxes as a way of assessing whether anyone was fit or unfit to vote. After the passage of the 1965 Act, all you needed to vote was American citizenship and the registration of your name on an electoral list, after the passage of the 1965 Act no form of hindrance to this would be tolerated by the law courts. If everyone threw a party, celebrated and went home after the signing of the 1965 Act’s signing into law, what then?


The Civil Rights Act of 1968 that among other things ended legal housing discrimination, would probably not have been passed into law. If people stopped working for Equality after the signing of the 1968 Act, then there would have been no Civil Rights Act of 1991 that protected workers from unlawful harassment and intentional discrimination in the workplace.


The point of this is that the attainment of Civil Rights and Social Justice are rarely, if ever, “an event,” if history is an accurate guide, this is usually a long, painful, tedious and costly process. There will always be vested interests and uncharitable people who will work, contribute and organize to oppress minorities. Dr. Martin Luther King’s famous quote that the “Arc of history bends towards justice,” is a noble truth meant to inspire in the face of evil and not as a license to do nothing in the face of evil.


In our War for Human Dignity, we will be forced to engage in many battles. We have recently won two major battles, the final repeal of DADT that will occur on September 20th, 2011 and the establishment of Marriage Equality in New York State. Some in our community feel that they have won and that someone else, somewhere else, can fight other battles elsewhere. These sentiments are reported in an article by Alana Horowitz (Full Story).



The line of thought expressed by some members of our community is dangerous on two levels. First, there is still much work that must be accomplished before we reach Full Federal Equality and beyond that goal, Full Equality for members of our community Internationally. Here are just two major mileposts on the road ahead:


• Repeal of DOMA (the falsely named “Defense” of Marriage Act)

• Passage of ENDA (the Employment Non-Discrimination Act)



Even after we have won, and we will win, Full Federal (legal) Equality. There will be decades of work to be done to establish Full Social Equality for members of our community. There is a distinction between “legal” protection and “social” acceptance. This was tragically pressed home last fall with a spate of suicides of young people in our community. People who were hounded into self-hatred and despair by those who would “keep us in our place” (i.e. silent and invisible).


It is important, healthy and good to celebrate victories in our battles. This encourages future efforts and necessary sacrifices. However, it is a fatal mistake to assume that a victorious outcome to a particular battle, such as the victory in New York State or the Repeal of DADT, marks an end to our War for Human Dignity. It most certainly does not and I promise you that the oppressive elements at NOM and their funders in Salt Lake City and the Knights of Columbus have not stopped trying to restore injustice.

The Morality of Sex, gay & straight.

This morning I had a conversation with my former professor of Moral Theology at Saint John's Seminary. He shared with me this video that I, in turn, am now sharing with you. I hope that you find it helpful.