Maybe You Have To Be From Dixie
"A midlevel state appeals court on Thursday upheld the state's marriage law as constitutional," reports Associated Press reporter Mark Johnson today, "handing a defeat to same-sex couples seeking to be married in New York | ||
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Ho-hum. What does anybody expect? An heartening cadre of gay-positive straight folks aside, the heterosexual majority is quite comfortable holding fast to its position of privilege and shows little inclination to question its right to be on top of the heap.
"The couples claim state health regulations defining marriage as being only between a man and a woman violate the state Constitution's equal protection, privacy and due-process provisions," Johnson elaborates. "In October, Peter Schiff, senior counsel with the state Attorney General's office, argued before the appellate court that the plaintiffs wanted the courts to rewrite the definition of marriage. He said that job is best handled by the legislative branch of government. "The court agreed. "In our opinion, the Legislature is where the changes to marriage" should be addressed, Justice John Lahtinen wrote in the 5-0 decision." MY COMMENT: And what are the targets of discrimination supposed to do when Legislatures themselves are the guardians of injustice? Alabama natives like me remember when our state legislators were delighted to deny just treatment to the African-American in Bull Conner Country. Bible-based arguments abounded for why God wanted racial inequality to prevail in perpetuity, and the majority of church-going Southerners could be counted upon to support lawmakers who stuck to their guns on this point. It took unelected judges who were insulated from voter reprisals to face squarely the fact that longstanding Southern traditions were a gross affront to America's constitutional promise that all its citizens would be treated equally under the law. For me such "judicial activism" was inspiring during my youth. It gave the Bill of Rights real force; they were not a mere collection of platitudes on parchment. As the right-wing packing of present-day courts proceeds apace and the ability of incensed majorities to elbow aside the aspirations of minorities resumes its standing as the norm, opportunities to be inspired by America's promises are few and far between. Maybe it takes personal memories of watching elected legislators running amok in the thrall of bigotry-based "traditions" for Joe Public to grasp the full chilliness of news like today's. |
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