Let's clear a few things up, shall we?
Apr. 4th, 2009 09:54 amI almost titled this post "Let's get a few things straight" - but given the subject matter, even I am not so oblivious as to miss the horrible pun.
First of all, congratulations to the Iowa Supreme Court for unanimously striking down a statute that refused to grant civil marriage to same-sex couples as unconstitutional. The unanimous opinion appears to be fairly well-written and thought out, and makes a clear distinction that this is a matter of civil marriage (marriage as defined by state law and regulation) that in no way attempts to define or impose the matters of civil law on any religious institutions. It also makes it quite clear that no religious institutions should be forcing their definitions of marriage on the state. I haven't yet had time to read through the entire opinion, but here are a few worthy snippets:
"[The ban] is unconstitutional, because the county has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage." ... “A new distinction based on sexual orientation would be equally suspect and difficult to square with the fundamental principles of equal protection embodied in our constitution.”... “Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring that government avoids them.” ..."[This ruling explicitly does not affect] the freedom of a religious organization to define marriage it solemnizes as unions between a man and a woman.”
This ruling pretty explicitly rejects discrimination against homosexuals in a matter of civil law (marriage), both in striking down the ban, and in rejecting the idea that a "civil union" or something similar would be sufficient to avoid discrimination. It calls out such half-measures for what they are, and double kudoes for that.
Reaction to this decision has been fairly vehement, and the headlines and news articles have been predictably favoring sensationalism over accuracy. "Iowa upholds gay marriage rights" (BBC) is an accurate headline. "Unanimous ruling: Iowa marriage no longer limited to one man, one woman" (Des Moines Register) is teetering on the edge, but still in the ballpark. However, I'd say "Iowa Supreme Court legalizes gay marriage" (MSNBC) is NOT accurate. The decision didn't legalize gay marriage; it struck down a restriction on civil marriage to "one man, one woman" as unconstitutional because it discriminated against a specific group (gays). It's a critical difference.
There's subtle differences that make a huge difference in reading comprehension, and then there's just plain stupidity. An example:
“I think it’s significant because Iowa is considered a Midwest state in the mainstream of American thought,” Richard Socarides, a senior political assistant for Iowa Sen. Tom Harkin in the early 1990s, said Thursday. “Unlike states on the coasts, there’s nothing more American than Iowa."
*sound of record scratching*
....say WHAT???
Excuse me? The states on the coasts aren't American? Then why the hell am I paying taxes?
Okay, I know this is a popular right-wing trope, that somehow the "central" states are more "American" than the states on the East coast (which, by the way, are the FOUNDING STATES OF OUR NATION, y'know, the 13 original ones???) or the West coast (which played a HUGE part in creating our national character through the whole trope of "manifest destiny" and are a significant part of our national economy today).
THIS IDEA THAT SOME STATES ARE MORE AMERICAN THAN OTHERS IS 100% CRAP.
Washington state is EVERY BIT AS MUCH "AMERICAN" as Wyoming. Maine is JUST AS AMERICAN as Texas. The whole concept that some parts of America are "more" American than others is just stupid, ridiculous, WRONG, and frankly damaging, and needs to stop NOW.
America is made up of 50 states, a bunch of territories, and one district. ALL of which are American. All American citizens, wherever they happen to live, however diverse they happen to be, are just as much "American" as those citizens living in Iowa.
Okay, rant over. It's too nice a day outside, at least in my little corner of America.
First of all, congratulations to the Iowa Supreme Court for unanimously striking down a statute that refused to grant civil marriage to same-sex couples as unconstitutional. The unanimous opinion appears to be fairly well-written and thought out, and makes a clear distinction that this is a matter of civil marriage (marriage as defined by state law and regulation) that in no way attempts to define or impose the matters of civil law on any religious institutions. It also makes it quite clear that no religious institutions should be forcing their definitions of marriage on the state. I haven't yet had time to read through the entire opinion, but here are a few worthy snippets:
"[The ban] is unconstitutional, because the county has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage." ... “A new distinction based on sexual orientation would be equally suspect and difficult to square with the fundamental principles of equal protection embodied in our constitution.”... “Our constitution does not permit any branch of government to resolve these types of religious debates and entrusts to courts the task of ensuring that government avoids them.” ..."[This ruling explicitly does not affect] the freedom of a religious organization to define marriage it solemnizes as unions between a man and a woman.”
This ruling pretty explicitly rejects discrimination against homosexuals in a matter of civil law (marriage), both in striking down the ban, and in rejecting the idea that a "civil union" or something similar would be sufficient to avoid discrimination. It calls out such half-measures for what they are, and double kudoes for that.
Reaction to this decision has been fairly vehement, and the headlines and news articles have been predictably favoring sensationalism over accuracy. "Iowa upholds gay marriage rights" (BBC) is an accurate headline. "Unanimous ruling: Iowa marriage no longer limited to one man, one woman" (Des Moines Register) is teetering on the edge, but still in the ballpark. However, I'd say "Iowa Supreme Court legalizes gay marriage" (MSNBC) is NOT accurate. The decision didn't legalize gay marriage; it struck down a restriction on civil marriage to "one man, one woman" as unconstitutional because it discriminated against a specific group (gays). It's a critical difference.
There's subtle differences that make a huge difference in reading comprehension, and then there's just plain stupidity. An example:
“I think it’s significant because Iowa is considered a Midwest state in the mainstream of American thought,” Richard Socarides, a senior political assistant for Iowa Sen. Tom Harkin in the early 1990s, said Thursday. “Unlike states on the coasts, there’s nothing more American than Iowa."
*sound of record scratching*
....say WHAT???
Excuse me? The states on the coasts aren't American? Then why the hell am I paying taxes?
Okay, I know this is a popular right-wing trope, that somehow the "central" states are more "American" than the states on the East coast (which, by the way, are the FOUNDING STATES OF OUR NATION, y'know, the 13 original ones???) or the West coast (which played a HUGE part in creating our national character through the whole trope of "manifest destiny" and are a significant part of our national economy today).
THIS IDEA THAT SOME STATES ARE MORE AMERICAN THAN OTHERS IS 100% CRAP.
Washington state is EVERY BIT AS MUCH "AMERICAN" as Wyoming. Maine is JUST AS AMERICAN as Texas. The whole concept that some parts of America are "more" American than others is just stupid, ridiculous, WRONG, and frankly damaging, and needs to stop NOW.
America is made up of 50 states, a bunch of territories, and one district. ALL of which are American. All American citizens, wherever they happen to live, however diverse they happen to be, are just as much "American" as those citizens living in Iowa.
Okay, rant over. It's too nice a day outside, at least in my little corner of America.
no subject
Date: 2009-04-04 05:49 pm (UTC)no subject
Date: 2009-04-04 05:58 pm (UTC)Eventually, the only Americans left will be safely entrenched in reality-proof bunkers in Colorado, Wyoming, and parts of Nevada. The rest of us will have to get by as best we can.