General: November 2006 Archives

Tyranny of the Majority is alive and well

A total of eight states voted on amendments to ban gay marriage: Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia and Wisconsin approved them. Similar amendments have passed previously in all 20 states to consider them.

Matt Foreman, executive director of the National Gay and Lesbian Task Force, noted that the bans that succeeded won by much narrower margins, on average, than in the past.

He said it was a sign that “fear-mongering around same-sex marriage is fizzling out.” (source)

I don’t think it is fizzling out at all. Here’s a look at the ballot measures amending state constitutions across the U.S.

Definitions
"DOMA" (Defense of Marriage Act) = Blocks full marriage for gay couples, but leaves open the possibility in the future for “civil unions” or “domestic partnerships” which can be formed, giving gay couples some or all of the rights for marriage at the state level only.

"SUPER DOMA" = Blocks full marriage for gay couples, and will not allow future legal recognition of any unmarried couples, gay or straight (straight couples have the option of marriage). “Civil unions” and “domestic partnerships” will also be denied, along with any right, or arrangement, that is similar to marriage.

State constitutional amendments to ban gay marriage:

Colorado - DOMA
STATUS: APPROVED
Referendum I - Would have given gay couples some basic rights of marriage. Among other things, Referendum I would allow the couples to adopt children and require alimony and child support if they separate. It would also ensure that their partners can make medical decisions for them and the right to inherit property even without a will. Referendum I says domestic partnerships are not marriages, though opponents said it delivered the same benefits enjoyed by spouses. (source)
STATUS: REJECTED

Idaho - SUPER DOMA
STATUS: APPROVED

South Carolina - SUPER DOMA
STATUS: APPROVED

South Dakota - SUPER DOMA
STATUS: APPROVED

Tennessee - SUPER DOMA
STATUS: APPROVED

Virginia - SUPER DOMA
STATUS: APPROVED

Wisconsin - SUPER DOMA
STATUS: APPROVED

Arizona - SUPER DOMA
STATUS: REJECTED

Foes of a ban on same-sex marriage said Wednesday they managed to make Arizona the only state to kill the measure by focusing public attention on its effects on straight couples rather than what it would mean to gays.

Rep. Kyrsten Sinema, D-Phoenix, chair of the campaign to defeat Proposition 107, conceded that the strategy of the media campaign was to show straight couples who would lose their domestic partner benefits. That’s because the initiative would not only have constitutionally barred gay marriage but also precluded governments from adopting policies that allow employees to add their domestic partners -- whether of the same or opposite sex -- to their health insurance or to gain any other benefits. (source)

I understand the technique of appealing to the masses by saying this will also effect them, so they should vote the amendment down. And, it worked.

The writers of these “super domas” know what they are doing. They can’t target a specific group in wording. That has been found to be unconstitutional in the past. They know this. Colorado tried just that some years ago and the Supreme Court (a very different and more moderate court than we have today) at that time found it to be unconstitutional. I believe it was called Amendment 2. They can’t specifically target gay couples. What they do is say something like “no unmarried couples, gay or straight, in any relationship that is similar to marriage will not be recognized as the same as marriage for the purpose of extending recognition, benefits, or any state recognition of the relationship” (no civil unions or domestic partnership benefits). They end result is that straight couples can get married if they want too to achieve these benefits. Gay couples do not have that option. So, they have indeed been targeted.

Will the spirit of this disgusting practice pass constitutional scrutiny? In the absence of bigotry, no. But in this climate, everyone is willing to walk away and say that they were “fair” in evenly applying this law to everyone, without discriminating against a singled-out group of people. When in fact, they know exactly that they have done just that. If a case were ever able to make it to the Supreme Court we have today, that court would find a way, there’s always a way, to find that no discrimination exists.

It’s too bad that people have such little regard for their fellow gay citizens to care nothing about rolling over their civil rights. On the topics of gay people, this nation is not that divided. Not many really care about equality for us. It’s very disheartening to see the passing of these amendments and it’s difficult not to think of the majority of my fellow Americans as anything other than mean spirited and hateful.

It’s one thing to define marriage, but they did’t stop there. It’s quite another thing to exclude any other form of acceptance of our relationships and families in the form of civil unions, with the hope for civility and fairness in the future. Without that hope, what are you left with? A real Christian, since they claim to be Christians, would not do this.

On a better note....

I’m glad that the election is finally over so that we can move forward. It was just on the TV that the Democrats have also won the Senate. This means that they will control judicial appointments, making it harder for President Bush to gain confirmations for extremely right wing judges to the Supreme Court, should he have the opportunity to make another Supreme Court nomination. Other than that, the course we take in Iraq is up to the President.

I thought it was really stupid of the President to wait until today to announce that Donald Rumsfeld is leaving, given that they decided this a week ago. Think about it. The Republicans would have most likely been helped by the illusion (at least) of changing the course in Iraq by the exit of Rumsfeld. Why the President couldn’t figure that one out is a little concerning.

So, the Democrats won the House, the Senate, Senator Santorum was defeated, and Rumsfeld is gone. Not a bad start for two days.