Tuesday, November 16, 2010

Gay Rights Are Civil Rights, Too

I have come to the realization that the struggle for gay civil rights in this country is analogous to the past generations struggles with the racial aspect of civil rights in almost every way. The same arguments are made again and again, the same false fears are instilled in the people, and politicians are still grappling with the difficulties that come with pandering to bigoted and resistant constituents while still upholding the "self-evident truths" written 200 some-odd years ago. If I were my parents age, I would be proud to say that I had put my best efforts into the fight for equal rights in the 1950s and 60s. Honestly, I'd feel a bit smug about the fact that I had been on the good side in that fight. Equal rights have come and our country is better off for it. True equality may not exist yet, and it's difficult to argue that it ever will, but at least our government has done it's part in granting official rights and recognitions to every group, regardless of race, gender, creed or sexual orientation. Or maybe just the first three. Yeah, sexual orientation is still an issue, eh?

Why the foot-dragging, government? We've almost, almost got all the civil rights covered. Why stop now?

Some history: The push for equal civil rights for racial minorities was due do a strong push by the federal government. Truman issued an executive order in 1948 requiring the desegregation of the military. It took three years for this to come into effect, but it lead the way for school desegregation and the fall of the concept of "separate but equal". Many southern states fought back - Arkansas called out the National Guard to block black students, and Alabama governor George Wallace blocked the doors at the University of Alabama to keep out two black students. Blocked the doors, personally, that is. JFK had to order the National Guard to remove the Governor! We can see that a motivated federal government can quickly erase institutional discrimination even in the face of disgusting, outright racism and bigotry.
More specifically, the concept of anti-miscegenation laws (laws prohibiting whites from marrying non-whites) persisted until 1967! Your parents or grandparents could have been arrested in a roughly a third of the states just for being in an interracial marriage! It seems crazy now, right? Well, the Supreme Court (federal...) ruled those restrictions as unconstitutional in the Loving v. Virginia case.
We've flipped that concept today. The states are spearheading the "new" civil rights movement.
Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington D.C. now allow same-sex marriage. The federal government has stayed out of the issue, considering marriage laws to be under the jurisdiction of the states. But, it has set the example with the discriminatory Don't Ask, Don't Tell policy of the military. The federal government has put full equality in jeopardy with this military rule. Recently, a district court judge in California ruled DADT to be unconstitutional, but the Department of Justice is asking for an extension to allow the military to operate under DADT.

The military is the first place the federal government can (and eventually, will) take a stand on gay rights and equality. I think the results of a change in the military's policy on LGBT service will have a profound effect on this country and it's policies, and I only hope that it happens sooner than later.

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