rivka: (Rosie the riveter)
[personal profile] rivka
Yesterday, the Maryland Court of Appeals ruled that gays and lesbians have no right to marry. Their justification: gays are too successful and powerful to need protection from the courts.

No, really.
It is clear that homosexual persons, at least in terms of contemporary history, have been a disfavored group in both public and private spheres of our society. ... This court nevertheless finds that ... a history of unequal treatment does not require that we deem suspect a classification based on sexual orientation.

In spite of the unequal treatment suffered possibly by Appellees and certainly a substantial portion of other citizens similarly situated, we are not persuaded that gay, lesbian and bisexual persons are so politically powerless that they are entitled to "extraordinary protection from the majoritarian political process." To the contrary, it appears that, at least in Maryland, advocacy to eliminate discrimination against gay, lesbian and bisexual persons based on their sexual orientation has met with growing successses in the legislative and executive branches of government.

While gay, lesbian and bisexual persons in recent history have been the target of unequal treatment in the private and public aspects of their lives, and have been subject to stereotyping in ways not indicative of their abilities, among other things, to work and raise a child, recent legislative and judicial trends toward reversing various forms of discrimination based on sexual orientation underscore an increasing political coming of age.
The ruling also made some kind of twisted argument that the existence of permanently childless heterosexual relationships and gay and lesbian families with children didn't have any bearing on the state's assertion that marriage is for procreation. Straight couples apparently need the right to marry because they might procreate accidentally. (No, really! That was in the ruling. What a fucking joke.)

Last Sunday, our ministers let us know that the ruling was expected any moment and that, whatever happened, we would be rallying on the steps of the church. So last night we made our way down there - not to celebrate as we'd hoped, but to mourn, comfort each other, and strengthen our resolve.

Maybe 60 people showed up - a mix of church and community. The one that hit me hardest was a forlorn little boy holding a sign that said, "But WHY can't my moms get married?" I was proud to recognize every member of our staff, to see our full Board of Trustees (including Michael) standing on the portico, and to have our ministers, John and Phyllis, be the opening speakers. John encouraged us with a quote from eminent early Unitarian Theodore Parker: "The arc of the moral universe is long, but it bends towards justice." Phyllis said that, as the ruling approached, she and John received multiple calls from couples who wanted to start planning their marriages... and that the most heartbreaking thing she had to do yesterday was call them all back. In the middle of her speech a car slowed down and someone shouted out the window, "Heeeelll, no! Heeeelll, no!" Without missing a beat, she shouted back, "Hell, YES!"

We heard from some of the plaintiffs in the case, from an adult daughter of two gay dads, from a PFLAG mother, from the ACLU and the Equality Maryland lawyers and from a straight married member of the Maryland House of Delegates who wanted to be the first legislator to go on record as supporting a legislative solution. An older African-American woman who described herself as "the wife of a Baptist preacher" led us in a stirring chorus of "We Shall Not Be Moved." The rally closed with a fiery sermon from the minister of the Presbyterian Church which houses Alex's nursery school (I didn't know that Presbyterians did fiery), in which he reminded us that we hadn't come to bury the movement but to resurrect it.

It was a great rally, but in such a bitter cause. I'm so deeply disappointed. Come January, I expect I'll be spending a fair amount of time fighting with the forces in Annapolis.

Date: 2007-09-19 07:28 pm (UTC)
From: [identity profile] wcg.livejournal.com
I saw this in the news yesterday and thought about you and your church's efforts. So very sorry the ruling went the way it did, but I have to agree with the sentiment that, "The arc of the moral universe is long, but it bends towards justice." It just takes an awful long time to get there.

Date: 2007-09-19 07:29 pm (UTC)
From: [identity profile] chargirlgenius.livejournal.com
::angry::
::disappointed::

Any suggestions for how to get involved, other than just engaging in mostly-futile internet arguments on the topic?

Date: 2007-09-22 01:32 am (UTC)
From: [identity profile] rivka.livejournal.com
One way or another, this battle is going to be played out in the next legislative session. One legislator is promising to bring yet another bill for a gay marriage ban. Another is promising to sponsor a bill to legalize gay marriage.

Check the Equality Maryland legislative center (http://www.equalitymaryland.org/legislative.htm) to find out where your legislators stand on the issue. Then visit them, write a paper letter, or call them, and let them know where you'd like them to stand.

If you want to take it further, you might consider what you can do in your legislative district to help educate people on the issues - such as writing a letter to local media, or hosting an Equality Maryland house party.

Oh, and your icon? Kicks ass.

Date: 2007-09-19 07:37 pm (UTC)
From: [identity profile] post-ecdysis.livejournal.com
Even this is a victory. The majority ruling exposes a hollow rationale for denying equal protection. Your just cause can only gain momentum when seen as opposition to such mean, scared reactionaries.

At the same time, grrr. Would that this had been the day to collect the harvest.

Date: 2007-09-19 07:48 pm (UTC)
From: [identity profile] xiphias.livejournal.com
Wait -- their argument is, "Because the executive and legislative branches of government have begun to do the right thing, we in the judicial branch don't have to, neener neener neener"?

Date: 2007-09-19 09:25 pm (UTC)
ckd: small blue foam shark (Default)
From: [personal profile] ckd
Well, that and "they can't pop out kids without help", which should allow Maryland to close down every sperm bank, egg donation facility, or IVF lab by the end of the week.

Date: 2007-09-19 07:50 pm (UTC)
From: [identity profile] balmofgilead.livejournal.com
Wow, I'm surprised that only 60 people showed up at the rally downtown. I'd given some thought to going, but I'd imagined there would be far, far more people there.

Date: 2007-09-20 02:29 am (UTC)
From: [identity profile] rivka.livejournal.com
There was only 4 hours' notice, so I'm not surprised. I think most of the people there had some connection to the plaintiffs, or the church.

Date: 2007-09-19 10:35 pm (UTC)
From: [identity profile] pixel.livejournal.com
it appears that, at least in Maryland, advocacy to eliminate discrimination against gay, lesbian and bisexual persons based on their sexual orientation has met with growing successses in the legislative and executive branches of government.

*blink*
*blink*

"Cuz the other two branches aren't discriminating as much as they used to, there is not reason for us to eliminate discrimination".

Wha?

Bloody, bloody stupid. I'm sorry the government there continues to be dumb.

Here in CT we *nearly* had gay marriage, except the governor made it clear she'd veto anything with the word "marriage" in it, so all we got were civil unions.

Date: 2007-09-20 03:22 am (UTC)
From: [identity profile] zingerella.livejournal.com
I'm so sorry.

I don't know what else to say, other than the great big "WTF kind of alleged logic is that?" that everyone else is saying.

Date: 2007-09-20 04:27 am (UTC)
ext_6381: (Default)
From: [identity profile] aquaeri.livejournal.com
That (majority) report is one of the most twisted logical arguments I've seen for a while.

And they seem to have noticed that, and carried right on regardless.

Date: 2007-09-20 04:54 am (UTC)
From: [identity profile] bosssio.livejournal.com
there are no words to express the unbelievable stupidity of the ruling.

I read it as "gay marriage is politically unpopular with certain conservative groups and we think it is icky so we are going to develop a twisted rationalization to deny basic civil rights to homosexuals and bisexuals".

But that might just be me reading between the lines.

At least your state doesn't have a constitutional amendment defining marriage as one man and one woman. But then I expect that of Virginia.

Date: 2007-09-20 05:44 am (UTC)
From: [identity profile] micheinnz.livejournal.com
What a petty, vindictive, downright _nasty_ ruling. I'm disgusted.

Date: 2007-09-21 01:12 am (UTC)
kate_nepveu: scales of justice, carved in bronze (scales of justice)
From: [personal profile] kate_nepveu
Straight couples apparently need the right to marry because they might procreate accidentally.

That was the sole basis for the NY decision finding that same-sex marriage was not compelled by the state constitution.

I was bitterly disappointed in the outcome and I think that is all it is prudent for me to say in public.

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