Yet another blog post from TNC's blog on The Atlantic!

I'm kinda hoping that these guys will come here and remark. I'd love to get this conversation going on a more personal level! Here are the comments that I responded to, one of which was a direct response to my earlier post:

Erika,

I guess it comes down to abolishing something so sacred to many....and just removing the word marriage all together. Of course I am sure some of you guys will still protest about that too...why now? when gays come around you want to change the system huh? Its a religious thing....not personal..

Posted by HassaN | November 12, 2008 11:40 AM

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Very, very rarely do I see anyone point out the most obvious answer to all of this nonsense...remove the word "marriage" from all civil statute/regulation/law verbiage.

Mating pairs predate religion and religion predates nation-state governments. Marriage is a religious ceremony that got absorbed into government, not the other way around.

Take the word "marriage" out of all the laws and statutes and require those that want to gain the legal benefits get both the civil and the religious if they so choose. That pretty much ends the argument in a simple, pragmatic way.

However...there's a simple problem with that. If you're going to open what we now consider as "marriage" to mean more than a man and a woman because of "seperate but legal" or "equal protection" arguments, what do you then say to the woman who wants to marry two men, or the man who wants to marry two men (etc etc)? Why should a threesome "marriage" be any less valid than a twosome? I can think of many reasons why it would be BETTER to pool the resources of three incomes and efforts than it is for two. Why should multiple-partner marriages be valid as well?

Posted by Scott | November 12, 2008 8:29 AM

@ Hassa:

I really appreciate your response. I don't take anything you said personally, I responded because a lot of people are led to think that the current statuses are equal when in fact they're just not.

A very big thing for me, is that I highly respect people's right to worship as they choose, and I don't want to take anything away from anyone or desecrate something that is sacred to someone's religious beliefs... I just want to make sure that my family is protected *by the government* in a manner that is equal to the protections afforded other families. If they want to call it something else, I don't really care what it is called, they can call it a "big fat gay wedding" or a "totally non-religious government union" or whatever they like as long as everyone has the exact same protections!

There is no way that the government can force a religious organization to perform gay marriages if they are opposed to such a thing, so nobody's altars will have to be stained with the taint of gay-ness if the church so determines. :) At the end of the day, it is enshrined in our Constitution that government doesn't force religions to do things, and it also states that religions (even majority ones) don't inform the policies of government.

I can't speak for what some or all gays would protest, I can simply say what the legal arguments are and how a separate but equal civil status would likely play out in the courts. I personally don't think I would mind too much if I truly had all of the exact same rights, but it seems likely based on legal precedent that it couldn't stay that way for long. State by state progress is definitely encouraging, but it's kind of annoying to think that if my partner and I were married here, our protections would evaporate every time we went on vacation, unless we wanted to vacation in exotic Connecticut. :)

Anyways, I appreciate your honesty. :)


@ Scott:

If civil marriage is separate from religious institutional marriage (which it currently is in most senses), then there should be no need for anyone to receive *government* benefits based on a religious ceremony (which in fact is also the case now - you obtain the legal benefits by virtue of your government marriage certificate, with or without the religious blessing). You couldn't just go into a church, get married by a religious official, and be considered legally married without following up and certifying your civil marriage with the government.

In light of this, it actually makes a great deal of sense to have two different words for the religious ceremony and the legal compact. However, my guess is that many married folk would be annoyed to have their existing marriage somehow "downgraded" to a civil union, probably even more than they are annoyed that gay civil unions might be "upgraded" to marriages. Language matters to us a great deal, doesn't it?

Quite personally, and from a civil-libertarian standpoint, I take no issue with the idea that committed polyamorous people (ha, I almost typed 'couples') should be able to designate the scope of their own families for legal purposes. However, you clearly couldn't call that a marriage! ;)

Just kidding, I was trying to make a point. Call it whatever you want. Maybe that can be a "totally non-religious government union" too. It doesn't matter what I think about other people's lives and relationships, at least not from the standpoint of what the government does or how it acts. Why should it matter what we *personally* feel distasteful about or are religiously opposed to, when what we're talking about here are agreements between individuals and the government?

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Either of you, or anyone else, please feel free to comment on my blog if you want to discuss further, it's certainly not my intent to hijack the page!

PS - BIG thumbs down for ANYONE blaming AAs or some other random group for this electoral outcome. I promise you that this opinion, while it may exist among the ranks of gay people and others, is NOT a representative one, for whatever that matters. Our anger at this outcome would be much better directed at the specific efforts of organized religion, and it would be much better applied as outreach and informative efforts than as hate. How totally counter-productive it is to act hateful towards those who hate us, those kind of actions solve nothing and reap no positives!!!

My response to the haters among us.....

Posted in response to the comments on Ta-Nehisi Coates' blog:

As a gay white activist for many different sorts of causes, all I have to say is this: if, in fact, African-Americans voted overwhelmingly to pass Prop 8, as seems to have been the case, then that choice has far, far less to do with the color of anyone's skin than with the potent influence of religion on African-American culture.

We could all sit around for an eternity debating the minutiae of the results, who turned out to vote, how they voted, etc. In the end, we as a community either have to reach out to people of faith (of *all* varieties), or hope that the courts will overturn what seems to be an unconstitutional implementation of religious principle as public policy. Maybe better, both.

It's important to note that people of faith understand the fear of persecution just as powerfully as those who are perhaps more genuinely oppressed in our times. However, they have been taught to believe that we want to take away something that God gave especially to them... That sense of privilege will be difficult to overcome.

If it turns out that the judicial system has not yet evolved enough to fully support the equal recognition of the gay community, then our "target" should be the faith community, and the application should be one of outreach and establishing common ground, not blind rage.

I don't mean to say that the effort will be won on the ground, because like all other equal protection issues, this one will have to be decided in the courts in order to find enforcement. Regardless, we *can* benefit from broader support on the ground, and however amusing it may be to laugh at Mormons' magic underwear, or however easy it may be to target statistics about the African-American vote, directing our collective anger at narrow groups of people can hardly broaden our coalition. We have to channel this passion in productive directions.

Legal notes on Prop 8 and the role of the CA Supreme Court

I just want to point out a couple of things about the legal challenges to Prop 8:

-For those who say that the CA Sup Ct should have weighed in on the measure's legality before it was passed: just such a challenge was filed, and the Court declined to review it, as it has not been the practice of the Court to review initiative measures before they are approved by the electorate.

-There are lots and lots of people who feel very pessimistic about the legal challenge, and I'd like to make clear one very simple thing: based on the equal protection admonitions of the May 2008 decision that legalized same-sex marriage in the first place, Prop 8 was clearly unconstitutional at the time of its passage. This is one of many points argued in the petition, and I frankly believe it is the one that will appeal to the Court's sense of purpose.

-People have been focusing on the argument that Prop 8 constitutes a revision as opposed to an amendment. If the Court determines that it was, in fact, a revision, then it would have required a passage through 2/3 of the legislature, and would not stand. While this is a reasonable assertion, it is arguable whether the scope of Prop 8 can be interpreted to be broad enough to constitute a revision. The revision argument makes sense from an equal protection / due process / civil rights perspective, which admittedly was the original rationale of the Court's decision. However, I think it could be successfully argued that since the language of the amendment is so finite and affects only one section of the Constitution, it does not constitute a revision.

>: / Language Alert! Anger Alert! Prop 8 and GLBT Betrayal.

All this talk about Prop 8 is really just making me sad and angry. Yes, there's hope, it's only a matter of time, it is an inevitability, the legal arguments are all there, eventually our cause will win even in the harsher courts of public opinion, yada yada yada. So why do I feel so fucked up? Why do I feel so damned betrayed when I hear my well-intentioned gay brethren say that we have to stop suing and make nice with the public before we can win the courts? That's just ignorant. That's mere denial. Change of this caliber never begins with the public, though it is important to note that it is eventually cemented and flourishes inside public opinion. To be frank, I don't really care if we piss people off by being litigious, because the court is where things happen! If it were up to the public at large to change things, we would all be screwed. It requires leadership for a nation of this size and diversity to change fundamentally. The herd, unfortunately, will not lead itself to the pasture.

Look... It does me no good to walk down the street and get 20 people to agree that I am a perfectly nice lesbian and a decent American who has the right to marry my partner of many years. There are another 20 (at least) waiting around the corner to try to ex-gay me, to physically assault me, to call me a fat dyke, to tell me I'm confused, to explain why their deity has compelled them to vote away my rights again and again, to shriek that I am taking something special away from them, to shield their children from my gaze, to openly express distaste, and to impose their personal beliefs on my civil life. Somewhere, my gay brethren assert, there are another ten lurking about in the shadows, another ten who are ambivalent, or on the fence, or don't really care what anybody does, or sort of think that being gay is gross but don't really mind if we want to get married, or think that marriage is kind of stupid and that it's odd we would desire it, or "have some gay friends" and are sympathetic but kind of think that marriage is a hetero thing. These ten, my comrades assert, are the prizes. Whoever wins their support will have the ever-so-treasured majority of public opinion.

Um, fuckin' ridiculous. I reject that completely. It's supposed to be my job to convince people who don't really give a shit about anything, or whose distaste for me is merely mild or generic or solely secular in nature, that I'm a whole person and an equal American citizen? Hell with that. My optimistic brethren assert that simply by living long enough among these 10 people, and even among some of the nastier 20, that American gays will win hearts and minds, like the nice and funny gays on Will and Grace did. We're harmless, we're normal, we're jolly, we sweetly and docilely wait on the sidelines for our fair shake. We would never sue you. Come see us in our natural habitats, from WeHo, the Village, and the Castro, on into the suburbs and rural America. Gosh, we're just like you!

This may sound terrible... but I don't need any of those 50 people to be OK with my sexuality, my relationships, my personal "choices", or my "lifestyle". Granted, it can be surprising, encouraging, and make a great difference in my day, or my life, when I encounter the supportive ones; however, that support neither solely nor primarily endows me with the freedom to live my life as I see fit, no matter how it alleviates my burden and lifts my spirits. Only the rule of law can guarantee that, and when it comes to minority rights, that rule is not up to the majority; thank goodness, because the majority rarely espouses the rights of the minority, particularly in the case where as pervasive an influence as the Church has convinced them that we are taking something away from them that God gave especially to them. I do not blame all believers, and I have been personally buoyed by many who gave their time, money, and understanding to our cause. In fact, I don't much tend to blame the people themselves, even the nasty ones. They are only repeating what they have been taught, on the behalf of an Authority that they believe is absolute.

Which brings me to my point... there will be plenty of people who can never be convinced that we deserve equality, just as surely as there are blatant racists in our country today, even after all of the progress that has been made. The black man sitting at the lunch counter didn't need the white patrons to feel great about him sitting there, though it surely couldn't have hurt; he needed the power of the law, the edicts of the court behind him, to make certain they knew that no matter what they felt about it, he had the right to sit there just as they did. The black girl ascending the steps into the school filled with white students didn't need the other students or their parents to be okay with her presence, although if they had been, maybe she wouldn't have needed the armed detail; she needed only for them to understand that the law was on her side, and she was acting as it was her right to do. This was her right, which many would say was "God-given"; this was her right, in fact hers by birth as an American citizen, anyone's religious beliefs notwithstanding.

Just as relevant, if perhaps less palatable to many: John Lawrence and Tyron Gardner didn't need the Texas cops who barged into the apartment to be happy about catching them entwined; they simply needed the court to make it perfectly clear that what they were doing was no crime. Remember this, if you start to feel too optimistic about our current situation; these men were arrested ten years ago, and the case was decided a touch over five years ago. Up until that point, it was still illegal to engage in homosexual activity in several states. FIVE YEARS AGO. In fact, the 2000 measure to ban gay marriage in the California civil code, with the much-touted 61%-39% result, took place when the federal legal precedent was that gay folks had no particular rights to privacy or anything else that others enjoyed. Not terribly surprising, right? What I do find surprising is that now, eight years later, gays are no longer on trial in the legal sense, even if they remain so in the sociocultural sense, and yet, in eight years, even with our personal lives decriminalized, we've only managed to convince 9% of Californians that gay marriage is OK? Even with us "living amongst them" in domestic partnerships, first the "lite" variety, then the full-blown sort established in 2005? And even including the unknown, but possibly significant, percentage of Californians who had no problem adjusting the civil code but balked at amending the Constitution?

These people, the Californians, as a whole possibly some of the most tolerant and socially moderate people in the country, are the ones I'm supposed to trust with the basic expressions of my humanity? Can I vote to only trust half of them? The other half, or just a bit more in fact, will plainly not be reliable in that regard. But I'm supposed to break 'em down and convince them, of what, that I'm cool? Not gonna prey on their daughters? My gay male friends are OK to teach their children? And.... you want me to shout louder than the preachers in their pulpits? Because no matter how long we "live next door" or "work at the same place" or "send our kids to the same school", that sound of entitlement coming from their faiths is one I can not drown out, no matter how normal and adorable I become.

Know what? Thanks to the ACLU and friends, I won't have to, because the rule of law is on my side... and that means that someday, being accepted for who I am can go back to being a simple joy, as opposed to an obnoxious and burdensome agenda.

Oh, the irony.

Tom Toles at the Washington Post

Presidential Flava

'November 4th, 2008' by artist Patrick Moberg. Hi-res view here.
Courtesy of Andrew Sullivan

Election Prognostications...

Oh, yeah....
Did I say over 350 and 51%?
How 'bout 364 and 52%?
Woot!

The New America

A Black dude... more accurately, a multi-racial dude: the product of what some might refer to as "miscegenation".







An Irish Catholic.







A Jewish guy.

Suck on that, KKK!

Actual footage of the crowd I was in on election night!

I managed to find some clips of the crowd I stumbled into after wandering around on election night. What an experience... what unbridled joy.

This was my posse LOL... At this point the cops were moving us out of the Park and some kind of crazy conga line had broken out. The kids in the front were singing to the tune of "This Land Is Your Land", singing "Oh yes we can, oh yes we can... Barack Obama, Barack Obama"and the people in the back couldn't hear and were mostly just singing the regular song. LOL! This reminded me of a kind of strange inverse of when I was in high school choir and if you didn't know the words, you'd just sing "watermelon"!


Heh, this is us at the Christian Science Center Park, enthusiastically butchering the national anthem. Note the poor guy trying to conduct, and I also think you may catch a glimpse of the life-sized Obama cardboard cutout that was crowd-surfing!

Thanks to YouTube user michellezwi for posting these clips of what will no doubt be one of the most memorable events of my life.

To be in Boston on Election Night 2008...

Was an unexpected and powerful blessing.
A few tastes of the vibe up here last night that mirror what I experienced (I will keep searching for footage of the actual crowds into which I got swept):


I asked a cop who was working the crowd in the park where we were what he thought about a bunch of kids spontaneously breaking into the national anthem, and he just grinned. I could tell that he was trying to stay unaffected, but he was pretty moved.


This is pretty much what it was like on the street all night, even in JP where I was. Every car was just honking like crazy and all kinds of people were running and biking around hooting and hollering, hugging each other, high-fiving, etc.


When I left JP and went into the Back Bay, I ran into some of these kids. Everyone marched around aimlessly, we congregated in a few places for a while but the cops kept sweeping us along. Bad policy if you ask me, because then we just impeded traffic as we crossed the streets. The people in the cars didn't care, they got up out of their windows and moon-roofs and chanted and whooped it up with the rest of us. What a night.

More to come. I'm sure in the next few days I'll find some footage from the Christian Science Park where I was with the group the longest and the national anthem was sung!

A mixed bag

So. I'm obviously elated about Obama... and frustrated about Prop 8.

But.... I just spent a good little while poring over the petition that was filed today to prevent the enforcement of Prop 8 and, hopefully, to overturn it.

Let me tell you, it's good. It's really, really good. This single petition holds up a whole basketful of different reasons why Prop 8 should not stand. It's really... pretty dope! Not to mention, I have to believe that the Court would be frustrated by the efforts of a group of people, largely comprised of religious organizations and out-of-staters, to subvert its decision and to keep it from doing its job. The point is, even with things up in the air, there is a good deal of hope on the horizon. And it all makes me just gnash my teeth with eagerness to become a lawyer.... if only I could skip law school LOL.

Should anyone else wish to read the petition, it's available here.

Also: a really interesting non-technical legal analysis from Slate.com

I am one giant goosebump

I'm sitting in a bar in Jamaica Plain, Massachusetts, and history has just come f'in crashing down all around me, around all of us. I'm in the street and there are strangers running by hugging me and crying. Today's the first day of the rest of it. Yes we did!
Sent wirelessly via BlackBerry from T-Mobile.

Dixville Notch: results are in!

Obama 71%
McCain 29%

So... Obama got 15 of 21 votes! Wooooo! LOL.

At this time I'm gonna make two predictions: Obama will win with over 350 electoral votes and 51% of the popular vote, and Prop 8 will NOT pass.

Those are my prognostications of hope, and of risk. I know Obama will win, and I know that the Prop 8 vote will be reasonably close. But I'm going out on a limb to predict that, yes, things are gonna go my way.

We'll see!