I
thought of the church services in Twelve
Years a Slave, where they preached directly from the Bible. “We are the Masters and you are to be
obedient to us.”
Today, we abhor them being robbed of their fundamental human and equal rights.
The
similarity suddenly struck me. We use
scripture to stress that homosexuality is evil, making it our sacred duty to marginalize, ostracize, and judge. Will future generations look back on our
history and say, “How could they be so cruel?
I’m glad I didn’t live then.”
****
Appendage
Gay
marriage fight recalls ‘60s mixed-race debate
10th Circuit Court heard Utah’s same-sex
marriage case on the anniversary of landmark 1967 hearing on mixed-race
marriages.
By Brooke Adams
| The Salt Lake Tribune
First
Published Apr 13 2014 06:20 pm
As the judge listened to the attorney
explain the state’s interest in barring the couple from marrying, he had a
question: Are you saying there is scientific evidence that shows some children
will be harmed by such marriages?
The question posed to R.D. McIlwaine III,
assistant attorney general of Virginia, came from Chief Justice of the United
States Earl Warren on April 10, 1967.An amicus brief submitted by religious groups, including The
Church of Jesus Christ of Latter-day Saints, that support Utah’s ban on
same-sex marriage, echoes comments made in the past about anti-miscegenation
laws: “Marriage between a man and a woman is sanctioned by God as the right and
best setting for bearing and raising children” and “traditional marriage is
indispensable to social welfare and our republican form of government.”
The LDS Church reaffirmed its opposition to
gay marriage at its General Conference about a week ago. Apostle Neil L.
Andersen said changes in civil law cannot change the “moral law” of God. “While many governments and well-meaning
individuals have redefined marriage,” he said, “the Lord has not.”
The case, of course, was Loving v.
Virginia, which ended bans on interracial marriage.
On Thursday, 47 years to the day after
Warren posed his question, 10th Circuit Judge Jerome A. Holmes, who is black,
brought the Loving case squarely into the same-sex marriage debate as he asked
the attorney representing Utah, how is a line drawn on gender any different
from one that divided races when it comes to the right to marry?
"You have a man who wants to marry
another man, the only thing that bars him from getting married is sex,
gender," Holmes said. "So why is that any different than Loving when
you are drawing a line that is based on a protected classification?"
Attorney Gene C. Schaerr has argued in
court filings that a decision affirming U.S. District Court Judge Robert J.
Shelby’s Dec. 20 ruling that the state’s ban is unconstitutional would be a
"judicial wrecking ball" rather than "the Loving of our
age."
Schaerr told Holmes last week in Denver,
that the difference was that the Loving decision didn’t "intrude into the
state of Virginia’s definitional authority over marriage. The exclusion of
mixed-race couples was a regulatory exclusion." And it left intact
man-woman marriage, he said.
"The whole presumption in Loving was
talking about man-woman marriage," he said, which is "fundamental to
procreating and maintaining the human race."
But from its inception, the Loving case was
framed not around gender but race, and in language and principles that parallel
those used today in the same-sex marriage debate: procreation, what’s best for
children, what’s natural and traditional and what’s in keeping with God’s will.
Richard Perry Loving, who was white, and
Mildred Jeter, who was black, traveled to Washington, D.C. , in 1958 to marry
because doing so was illegal in their home state of Virginia. They were later
arrested at their home, jailed and subsequently pleaded guilty to violating the
state’s "Racial Integrity Act of 1924."
An excerpt from the trial judge’s ruling is
infamous for its plain expression of the public and state interest behind the
act: "Almighty God created the races white, black, yellow, malay and red,
and he placed them on separate continents. And, but for the interference with
his arrangement, there would be no cause for such marriage. The fact that he
separated the races shows that he did not intend for the races to mix."
The judge sentenced the Lovings, parents to
three children, to a year in jail but suspended the sentence provided they
moved out of state. The couple relocated to Washington, D.C., but returned to
Virginia occasionally under cover as the nine-year legal battle to have their
marriage recognized played out.
"If we do win, we’ll be helping a lot
of people," the soft-spoken Mildred Loving says in “The Loving Story,” a
documentary about the case.
Virginia argued that its law was valid
because it treated both whites and blacks equally under the law — much as Utah
argues that its marriage prohibition applies equally to gays and lesbians.
Another key claim in the case revolved
around the "scientific evidence" that then purported to show
interracial marriage would lead to a "mongrel race" and harm
offspring of both white and of mixed-race parents.
"The state has a natural and vital
interest in maximizing the number of successful marriages that lead to stable
homes and families and in minimizing those which do not," McIlwaine told
the Supreme Court, according to an audio excerpt of the hearing included in the
documentary. "It is clear from the most recent available evidence on the
psycho/sociological aspect of this question that intermarried families are
subjected to much greater pressures and problems."
Their children, he added, were frequently
described as "victims" and "martyrs" of their parents’
marriages.
Bernard S. Cohen and Philip J. Hirschkop,
the American Civil Liberties Union attorneys who represented the Lovings,
emphasized how the laws deprived couples
like the Lovings of dignity and affected the legitimacy of their children,
property inheritance, survivorship rights, and other aspects of their lives.
Cohen told the court the state had failed
to show how it or its people were harmed by the Lovings’ marriage, to which, he
said, they had a fundamental right under the Fourteenth Amendment.
Two months later, when the court issued a
unanimous decision in favor of the Lovings, there were 16 states that still
barred interracial marriage.
Fast-forward
41 years to 2004, when the Utah Legislature voted to place Amendment 3, the
constitutional amendment barring same-sex marriage, on that fall’s general
election ballot.
Rep. LaVar Christensen, R-Draper, who
sponsored the bill, said during floor debate that what was at stake was an
"internal struggle between right and wrong" and urged his colleagues
to not lower "standards or transforming fundamental principles upon which
our society is based."
He said those principles stemmed from
"self-evident truths" based on the "God of nature, nature’s
laws," the Bible and "the morality of a people as reflected in its
laws."
In Mason’s view, the conversation
surrounding today’s same-sex marriage debate makes many assumptions raised in
the past about interracial marriage, but he argues you can’t "just lift
race discourse and scratch out ‘black’ and put in ‘gay’ " given the
difference in discrimination and sanctions applied to the two groups.
Disagreement over how and whether Loving
works as a framework for same-sex marriage plays out in dueling
friend-of-the-court briefs filed in the Utah case at the 10th Circuit Court.
The Howard University School of Law Civil
Rights Clinic, which filed an amicus brief backing the three same-sex couples
challenging Utah’s ban. The clinic said gay marriage opponents have
"carbon copied" the same "flawed arguments that once were used to justify racial slavery
and apartheid."
Then, as now, claims were made that
expanding marital rights would upset the social order and lead to social chaos,
the clinic said. Interracial relationships were described as unnatural and
"contrary to God’s will." Such relationships were bluntly sexualized
through use of coded language about sexual taboos — which the clinic said is
repeated today in references to "adult-centric" lifestyles.
"Without acknowledging the racial
provenance of these discredited arguments, opponents of marriage equality have
attacked same-sex couples as a threat to American society, American families,
heterosexual marriage, and children," it said. "None of these
statements is remotely true."
Appendage II
LBJ’s
legacy for gay rights
By Jonathan Capehart
The Washington Post
First
Published Apr 13 2014 01:01 am •
In
his speech Thursday commemorating the passage of the 1964 Civil Rights Act,
President Barack Obama talked about the enduring power of one of President
Lyndon Johnson’s signature accomplishments.
"Because of the civil rights movement,
because of the laws President Johnson signed, new doors of opportunity and
education swung open for everybody, not all at once, but they swung open. Not
just blacks and whites, but also women and Latinos and Asians and Native
Americans and gay Americans and Americans with a disability."
This
isn’t the first time Obama has linked the push for civil rights by lesbian,
gay, bisexual and transgender (LGBT) Americans to the movement that made the
1964 law a reality. At his second inaugural, the president put under the same
historic umbrella the Selma marches for African American equality and the
Stonewall riots that ushered in the modern LGBT rights movement.
And in a February speech, Attorney General
Eric Holder noted: "Just as our forebears came together to overcome
tremendous adversity - and to forge the more just and more equal societies in
which we now live - so, too, must the current generation rise to the causes
that have become the struggles of our day; the defining civil rights challenges
of our time. I believe one of these struggles is the fight for equality for our
lesbian, gay, bisexual, and transgender - or LGBT - citizens."
Meanwhile, federal judges across the
country have ruled that state bans on marriage equality violate the
Constitution’s guarantee of equal protection under the law. On Thursday, a
federal judge in Indiana ruled that the marriage of a lesbian couple wed in
Massachusetts last year must be recognized by the Hoosier State immediately.
Knowing all this, it is easy to forget that
not so long ago our federal government casually dismissed the concerns of LGBT
Americans, if it acknowledged them at all. Consider this passage from a June 9,
1965, letter to Frank Kameny, a founding father of the LGBT civil rights
movement, from Vice President Hubert Humphrey: "Neither the Federal
Executive Orders on fair employment nor the Civil Rights Act which constitute
the authority for this program of non-discrimination are relevant to the
problems of homosexuals."
Time would change views on gay rights.
Slowly, at first, and then with a speed in recent years that has amazed
proponents and opponents of LGBT equality alike.
As Obama said Thursday, "The laws LBJ passed
are now as fundamental to our conception of ourselves and our democracy as the
Constitution and the Bill of Rights. They are foundational, an essential piece
of the American character. . . . Our rights, our freedoms - they are not given.
They must be won. They must be nurtured through struggle and discipline and
persistence and faith."
From Kameny’s persistence in the face of
official rejection in 1965 to those same-sex couples pushing for marriage
equality today, LGBT Americans are fighting to win. Marriage equality and the
fairness that would flow from it nationwide are coming. It’s just a matter of
when.