Marriage, The Constitution & Religion

Some folks argue that California's provision against gay marriage is a matter of state's rights. That California has a right to uphold its Constitution, as declared by its citizens. Those folks are wrong. When we have gay marriage in all 50 states - and we will - it'll be precisely because it is unConstitutional for states to “deny to any person within its jurisdiction the equal protection of the laws.” That and the Declaration of Independence proclaimed each person's right to the "pursuit of happiness." Individual states have no say in what amounts to a human rights matter - nor should they. See slavery, segregation, suffrage, etc. The U.S. Constitution supercedes California's. That may not be recognized now, but I believe it will be in the future.

Further, contrary to what many folks say, allowing for gay marriage is not encroaching on religious territory; it is not trampling on line between church and state (which oddly some of the same folks aren't usually particularly concerned with). In fact, if you read about the origins of marriage, they were not religious. Marriage simply acquired religious accoutrements over the ages. Marriages began as a civil and legal affair, not as a religious affair and it essentially involved the the acquisition of women as property. Hardly admirable. Marriage has continued to evolve, however, into a more enlightened arrangement and the addition of gay marriage to the tradition is only another step in the right direction.

Read about the history of marriage in Wikipedia, where it's currently described as "a social union or legal contract between individuals that creates kinship." No mention of religion in defining marriage there.

Or try Merriam Webster if you prefer: "the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law." Again, no mention of religion. Whatsoever.

See also, About.com on the history of marriage.

Hero for the Day

My hero for the day is the conservative Republican lawyer, Ted Olsen, who is taking his "Conservative Case for Gay Marriage" to the California Supreme Court in an effort to reverse that state's unConstitutional Proposition 8. From his opening statement this morning:

The Supreme Court of the United States has repeatedly described the right to marriage as “one of the vital personal rights essential to the orderly pursuit of happiness by free men;” a “basic civil right;” a component of the constitutional rights to liberty, privacy, association, and intimate choice; an expression of emotional support and public commitment; the exercise of spiritual unity; and a fulfillment of one’s self.

In short, in the words of the highest court in the land, marriage is “the most important relation in life,” and “of fundamental importance for all individuals.”

As the witnesses in this case will elaborate, marriage is central to life in America. It promotes mental, physical and emotional health and the economic strength and stability of those who enter into a marital union. It is the building block of family, neighborhood and community. The California Supreme Court has declared that the right to marry is of “central importance to an individual’s opportunity to live a happy, meaningful, and satisfying life as a full member of society.”

Proposition 8 ended the dream of marriage, the most important relation in life, for the plaintiffs and hundreds of thousands of Californians.

A List of Demands

OK, these aren't so much demands - that's an allusion to an excellent Saul Williams song - but here's a list of 10 reforms and changes I'd like to see take place now that we have a left-of-center President and a majority Democrat Senate.  Some of these reforms may confirm the suspicions of the moment's more dismayed conservatives. They needn't worry: I'm probably further to the left of President Elect Obama anyway ... 

Let's

1. Work with the Iraqis to plan an appropriate time to leave the country, and funnel more aid towards Afghanistan.
2. Institute universal health care.
3. Remove all travel restrictions for Americans and Cuban-Americans to Cuba.
   
4. Reinstate trade with Cuba.
5. Close Guantanamo Bay immediately. 
   
6. Start a movement to have anti-gay marriage laws struck down as un-Constitutional. Pass legislation which legalizes gay marriage in every state in the Union. 
   
7. Legalize marijuana for both medical and recreational use and determine what, if any, fronts in the "War on Drugs" are actually successful, dismantle the rest.
   
8. Install a highly-qualified female Muslim to a position in high office. 
   
9. Provide amnesty for illegal aliens who meet certain conditions.
   
10. Reform our prisons, which are cesspools of violence and turn criminals into monsters.

If you believe in any of these causes, why not track down a related non-profit you can support or at least join a Facebook group, so you can keep track of the issues. 

And feel free to add your own "demands" in the comments, too.

Some Good News

Amongst all the bad news, finally some good news: an advancement for human rights in Connecticut as the court decide that banning marriage for gay couple is un-Constitutional and that the state's law banning gay marriage discriminates on the basis of sexual orientation. It's good to know that even with a guttering economy and under a belligerent and hawkish administration, we're still making progress in areas where it counts.

Now, come on New York, get on the ball. We're only half-way there. 

A Jihad for Love

Congratulations to Parvez Sharma and Sandi DuBowski on the release of A Jihad for Love here in NYC at IFC Center. The documentary details the live of gay and lesbian women, who are also Muslim. It was filmed over 5 1/2 years in 12 countries and in nine languages.

More details on Facebook, too, if you're in the area. You can also read Sharma's blog on his experience making the documentary and watch the Jihad for Love trailer.

With the debut of this film here in New York and California's recent confirmation of gay marriage, it's a remarkable week for human rights, coast to coast.

Related:

• A report from Turkey on Jihad for Love
• Now Sulu can get married