Loving V. Virginia

That Was The Week That Was: June 19-26, 2015 Most Significant Single Week In Many Years For Positive Change!

Who would ever have imagined that in one week’s time, we would witness three events that would transform American society as the week from June 19 to June 26, 2015?

Two days before that transformational week, nine African American Bible Class men and women in a church were slaughtered by a young man who had so much hate and racism in his body and mind that human life meant nothing to him, a tremendous tragedy for Charleston, South Carolina; for the nation at large; and for the nine families who lost their loved ones.

Nothing much more negative could have been imagined to occur regarding race relations in America, which have been in crisis with recent killings by police of African American men in many different locations around the nation.

But the the miracle week began!

The relatives of the nine murdered Bible Class men and women confronted the mass murderer who had done the dirty deed, and they all expressed to him that they forgave him for his sin, unimaginable behavior witnessed on television, amazing the whole nation.

The fact that this young mass murderer had used the Confederate flag as a symbol of his hatred and racism spurred the call for removal of the Confederate flag from the monument at the Columbia, South Carolina state capital, as well as elsewhere in the South.

Governor Nikki Haley, a Republican, called for the legislature to consider removal, and State Senator Paul Thurmond, the son of racist former Senator, Governor and 1948 States Rights Party Presidential nominee Strom Thurmond, said the flag must come down. While it did not come down in time for the funerals of the nine victims, the movement was on to remove it, and we saw other Southern states remove the symbol, including Alabama, an unbelievable thought a few days earlier. It looked likely that the Confederate flag had met its doom on public property everywhere, although citizens would still have the freedom to wear and display the Confederate symbol openly.

Then, as the week went on, the Supreme Court, controlled by a conservative majority, which had moved to the right politically by recent decisions during the Obama years, including the Citizens United decision in 2010 and the Voting Rights limitation case of 2013, suddenly took a noticeable turn to the left, with Reagan appointed Justice Anthony Kennedy supporting ObamaCare and same sex marriage, and Chief Justice John Roberts, appointed by George W. Bush, siding for the second time on ObamaCare.

Suddenly, ObamaCare was finally established in a manner that would make it impossible to repeal, and it insured that Barack Obama’s signature achievement would last in the manner that Social Security came to be under Franklin D. Roosevelt, and Medicare came to be under Lyndon B. Johnson.

And suddenly, after a long, hard fought battle over gay rights and gay marriage, the civil and human right to marry became guaranteed for gays and lesbians, as much as interracial marriage was insured by Supreme Court decision 48 years ago in 1967 in Loving V Virginia.

And with all this, Barack Obama also had victory on the Trans Pacific Partnership trade deal, despite a major split with liberals in his own Democratic Party.

And then, even more inspiring was Barack Obama’s amazing eulogy of the pastor/state legislator killed by the young mass murderer. It reminded us of his great oratorical abilities, and the eulogy coursed through our beings and gave all decent people a chill up the spine, symbolically!

No President has had a week of such massive victories and achievements in many decades, and to have the Confederate flag being brought down was the icing on the cake!

So that was the week that was, which will be written about by scholars in future generations, as a miraculous week hard to match or surpass!

Same Sex Marriage Now Legal In Nearly Three Fourths Of Nation’s Population, With Florida Becoming The 36th State To Allow It!

The rapid move toward same sex or gay marriage is nearly complete, as Florida became the 36th state to establish it, beginning on January 6.

Many states have resisted it, but federal courts have mandated it, and soon, the Supreme Court will need to deal with the concept, and the likelihood of declaring it to be a national right seems very close, likely in the next six months.

The main holdouts are mostly Southern and Great Plains States, but also Michigan and Ohio.

When one looks back just 12 years ago, when the Supreme Court ruled that gay couples have a right to privacy and to avoid prosecution, in the Lawrence V. Texas case of 2003, the rapidity of change is absolutely amazing!

Public opinion has rapidly come around, with more than 70 percent supporting gay marriage. This is particularly true among young people, any one under the age of 40 in particular.

Highly religious people still oppose it, and many senior citizens are unhappy about it as a group, but with the passing years, and eventual disappearance of the senior citizens of today, eventually, one will look back and wonder why the great opposition for so long to a basic human right being extended to gay and lesbian couples, just as interracial marriage was not made legal nationally until Loving V. Virginia in 1967.

Even today, there are those who are appalled by interracial marriage and relationships, but the answer is, with that and gay marriage, that it is none of anyone’s business who someone chooses to love and to marry. One has the right to disagree, but also realize that personal feelings do not make what is legal!

The Future Of The Republican Party: Rob Portman Vs. Mike Huckabee As A Symbol!

With Gay Marriage rapidly expanding, by refusal of the Supreme Court to stop it in eleven states, raising the total of states to 30 and counting, the Republican Party now faces its future!

With a majority of states and population now supporting or accepting gay marriage, and with a majority of people under 50, and even a majority of Catholics and even evangelical Christians in support, how long will the Republican Party hold out and be on the wrong side of history?

Do they wish to be recorded and remembered in the long run for their refusal to accept that marriage is NOT something to be voted on, to have a popular vote (which would not be lost in any case) on a basic human right, both in race in Loving V. Virginia and on sexual orientation now? Do they wish to be seen for what they are now, biased, prejudiced, hateful, narrow minded, and allowing religious beliefs of some people to dictate the lives of everyone else, when we have separation of church and state?

Conservatives were wrong on civil rights for African Americans, wrong on interracial marriage, wrong on women’s rights, wrong on immigration then and now, and wrong on gay rights and marriage, and for the Republicans to continue to follow their hateful, narrow minded views, will guarantee the demise of the party of Lincoln, TR, and Ike!

The Republican Party has a choice! It is time for MORE Republican Senators, Congressmen, and Governors and other office holders to come out in support of gay marriage NOW! So far, only four sitting US Senators and a few members of the House of Representatives have had the courage to speak up. The Senators are Liza Murkowski of Alaska, Mark Kirk of Illinois, Susan Collins of Maine, and Rob Portman of Ohio.

The GOP will have a massive problem being elected to the House and Senate majorities in 2016, as it is, and the suddenly emerging “dark horse” status of Rob Portman, the only one of the above four Senators, who MIGHT consider running for President, and have a shot at being the nominee, present the Republican Party with a choice!

Either demand that any GOP nominee accept the inevitable, OR nominate Senator Portman as the most legitimate candidate for 2016, bypassing all the other extremist, lunatic, whacky candidates in the field, picking a moderate mainstream conservative as the future of the party!

Republicans, reject Ted Cruz, Rand Paul, Marco Rubio, Rick Santorum, Rick Perry, Bobby Jindal, Chris Christie, Jeb Bush, Mike Huckabee, and anyone else who refuses to accept gay marriage, and ONLY support a person such as Rob Portman, who has accepted it, and is from a key swing state, Ohio, which every winning President has won except in 1960 in modern times!

It is true that Portman supported gay rights and gay marriage due to his son coming out as gay, but he could have done what many so called “religious” people do, and repudiated his son, a most despicable act for any so called “religious” person to do, a mockery of the idea of religiosity!

If the GOP decides to follow the route of the above candidates who have made it clear that they will not accept gay marriage, the ideal candidate for them would be former Arkansas Governor Mike Huckabee, a once seriously mainstream conservative candidate for President in 2008, who has gone off the deep end, become a lunatic, a bigoted man with crazy views, since he joined Fox News Channel, and now mirrors the lunatic right wing talk show hosts on radio, as well as Fox News Channel!

Huckabee has made clear that he will NOT accept what is happening on gay marriage, and if the GOP continues to give in to Supreme Court actions or lack of action on gay marriage, that he will leave the Republican Party!

The best thing the GOP could do is repudiate Huckabee, who has already destroyed his name in history, and have him leave the Republican Party, and let the swinging door hit him in his rear end, or in fact, kick him out the door, declaring to him and others like him, “good riddance!”

The best thing the GOP could do is nominate Rob Portman, or others who finally accept gay rights and gay marriage, and look to a future of NOT accepting prejudice, bias, and the power of the Religious Right, which should be escorted to the door, and told to go to Hell, where they belong!

A great ticket right now would be Portman of Ohio for President and Susan Collins of Maine for Vice President, and that would also overcome the misogyny of the Republican Party!

Gay Marriage Case Likely On Way To Supreme Court For Ruling One Year From Now!

The issue of gay marriage is likely on its way to the Supreme Court, and almost certainly will be decided a year from now, in the most blockbuster case of 2015!

The Tenth Circuit Court of Appeals has declared gay marriage to be a basic right, and that means marriages can move ahead in the near future in Utah, which brought the case, along with Colorado, Kansas, Oklahoma, Wyoming and New Mexico!

There is a temporary hold, but it is a major step forward, and insures, almost certainly, that the case will go to the Supreme Court this fall.

And it is ALMOST certain that we will have a Loving V. Virginia (interracial marriage) case result next year, allowing gay marriage everywhere in America, whether religious right wingers like it or not! One must realize that no church or other religious establishment would have to promote it, but civil marriage would move forward.

The belief is that there are four certain supporters of gay marriage on the Court—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Additionally, Justice Anthony Kennedy was the one who decided the path breaking case of Lawrence V. Texas, which greatly expanded the gay rights movement in 2003!

And it is possible to believe that Chief Justice John Roberts could also add his vote, making the vote next June 6-3!

Federal District Court Judges And Same Sex Marriage Bans Collapsing!

The move toward same sex marriage churns on, with federal judges having utilized the 14th Amendment in four “Red” states in the past two months now to end the discrimination against gays marrying.

So on Valentine’s Day, it now looks more evident than ever that a national Supreme Court decision is in the offing, with Associate Justice Anthony Kennedy, who wrote the majority decision in Lawrence V. Texas in 2003 igniting the gay civil rights movement, likely to be the fifth and decisive vote in any case that goes to the high Court!

Who would ever have thought that Utah, Oklahoma, Kentucky, and now, newly turned “Blue” Virginia (the state of the Loving V. Virginia interracial marriage case in 1967), would see such rapid action to defy the bigots and the haters?

The federal courts have been the herald of the future in so much of modern history, as with Brown V. Board of Education on racial integration, and Roe V. Wade on abortion rights, and Lawrence V. Texas on gay rights, and the courage of federal district judges across the nation to push the Supreme Court toward a final determination of same sex marriage is an indication that often we have to leave it to appointed judges to lead us to our better side of human nature, the ending of discrimination and injustice!

Sadly, we see right wing evangelicals, Catholics, and Mormons fighting a rear guard action, which only makes one realize the evils of these organized groups that have in the past been on the wrong side of many moral and ethical issues, overlooking slavery, segregation, women’s rights, and now gay rights. This is a losing battle long term, and these groups fighting against progress and human rights will pay the price in loss of membership by their willingness to fight a battle that is already lost!

Time For Gay Marriage Case Before Supreme Court, As With Interracial Marriage Case In 1967!

With recent gay marriage advancements in New Mexico and Utah, making it now a total of 18 states and Washington DC allowing same sex marriage, it is time for a case to come before the Supreme Court regarding the right of two gay men or two lesbians to be able to marry and be accepted as equal everywhere in the United States.

Just because many “religious” people, both Christian and Jewish, do not wish to accept gay marriage is not a reason to deny equal protection under the 14th Amendment to the Constitution.

No one is saying that any particular church or synagogue must perform gay marriages, or that everyone has to be happy and approving of such marriages.

Marriage should not be based on what others think about it, as it is a basic human right, that one has a right to be happy, to love whoever he or she chooses, and to have it acknowledged in civil law.

If one does not like gay marriage, fine, but one does not have the right to deny others because you have a problem with the lifestyle of others.

The same situation existed regarding interracial marriage, and only in 1967, in Loving V. Virginia, did the Supreme Court rule that no state or locality could ban or prevent two adults of any race from marrying.

Even back then, there were religious leaders and sects who disapproved of interracial marriage, and people were being prosecuted for trying to marry, or even living together.

Such a concept is oppressive government, and it is time for this to stop, and for all people to be given the right to do what they wish regarding relationships in their adult lives.

So Supreme Court, it is time to accept a case, maybe out of the Utah government fighting the new gay marriage edict of a federal judge, and to expand human rights, which is the whole basis of American democracy, and the sooner the better!

The “Never Ever” States On Gay Marriage Unless Supreme Court Mandates Acceptance Nationally

It is clear that unless, at some future time, the Supreme Court mandates acceptance of gay marriage nationally, as they did for interracial marriage in Loving V. Virginia in 1967, that states primarily Southern, Great Plains, and Mountain West will continue to resist it with a “never ever” attitude!

What is also in common, however, is that these are the states which promoted slavery, advocated racial segregation, and have led the fight to deny women equality, including the right to their own bodies and reproductive rights, all the while advocating how “religious” they are while promoting violation of human rights!

The states, based on public opinion, MOST stubborn on acceptance of gay marriage, are in order as follows:

Mississippi
Arkansas
South Carolina
West Virginia
Kentucky
Georgia
Utah
Louisiana
Nebraska
Alabama
Kansas
Oklahoma
Missouri
Wyoming
Idaho
Alaska

These states register between 13 and 40 percent support for gay marriage, a total of 16 of 23 states with negative view on gay marriage in public opinion polls.

Seven others are negative but above 40 percent and have potential for change, including in order from highest to lowest:

North Carolina
Montana
Florida
Wisconsin
South Dakota
North Dakota
New Mexico

It will be an interesting battle that will go on in all of these states, but IF the Supreme Court goes a step further in the near future, it will be a moot issue!

June 28, 1969-June 28, 2013—Gay Rights From The Stonewall Riots To Marriages In California!

It is exactly 44 years since the New York police raided the Stonewall Inn, leading to the Stonewall Riots, often seen as the beginning of the modern gay rights movement.

And today, exactly 44 years to the day, and as I write this, the first gay marriages in California, our most populated state, are being performed since the Supreme Court decision this week overturning Proposition 8, which stopped gay marriages in California after they had taken place for a few years, going back to then San Francisco Mayor Gavin Newsom marrying the first gay couples in 2004.

There is still great opposition to gay marriage among Catholic leaders, evangelical Christians, Orthodox Jews, and many Muslim groups, but with 13 states allowing it, the trend is toward eventual acceptance legally in the other states, probably by a future Supreme Court decision, similar to Loving V. Virginia, which made it mandatory that all states accept interracial marriage in 1967.

This is not a question of whether one agrees with gay marriage, but rather a question of tolerance, open mindedness and acceptance of the right of two adults to marry whom they choose. Hatred and condemnation is unhealthy and poisonous, and it will not succeed in prevention of the promotion of human rights!

The gay marriage movement will not be stopped by anyone, but will be looked upon in future years as something that should NEVER have been so bitterly opposed, and those who oppose what has happened will be condemned in history as hate mongers, as much as those who promoted slavery, racial segregation, subjugation of women, nativism against immigrant groups, and anti labor actions against the workers of America!

First Effort To Expand Gay Marriage Should Be To Promote It In Other “Blue” States!

Now that gay marriage has been declared constitutional, and that gay Americans are entitled to the same benefits and privileges of straight couples, the next step should be to work to promote passage of gay marriage in the other 13 “Blue” states, states that voted for Barack Obama in 2012.

So far, the six New England states (Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island); three Middle Atlantic states (New York, Maryland, Delaware); two Midwestern states (Iowa, Minnesota); and two Pacific Coast states (Washington, California) have accepted gay marriage as legal.

So 13 states have moved to adopt gay marriage, leaving 13 other states which voted Democratic in 2012. The list includes the following:

Middle Atlantic states–New Jersey, Pennsylvania
Southern states–Virginia, Florida
Midwestern states–Michigan, Wisconsin, Ohio, Illinois
Mountain States–Nevada, New Mexico, Colorado
Pacific Coast states–Oregon, Hawaii

Some of these states should be fairly easy to prod in the direction of gay marriage, including New Jersey, Illinois, Colorado, Oregon, and Hawaii.

Other states will be more difficult, but are possible, including Pennsylvania, Ohio, Michigan, Wisconsin, Nevada, and New Mexico.

The toughest states to accomplish this goal are Virginia and Florida.

Republican Governors will fight to prevent gay marriage in Pennsylvania, Ohio, Michigan, and Wisconsin, but if they can be defeated for reelection, if their horrible, anti women, anti labor, anti immigrant policies are made the issue.

Chris Christie is a greater barrier, but do not be surprised if after reelection in New Jersey, he moves in the direction of acceptance of gay marriage!

Northern Virginia and South Florida give a long range hope for those states to accept gay marriage down the road, but not anytime soon.

The struggle for acceptance of gay marriage in more states is a battle worth fighting! Already, about one third of the American people, more than 100 million, live in states that accept gay marriage. It is essential to make that percentage more than two thirds of all Americans, over the next decade!

Of course, there is always the possibility that the Supreme Court might move in the direction of a Loving V. Virginia wide scope decision, as with interracial marriage in 1967. But the state by state battle must, meanwhile, go on!

Two Gay Marriage Decisions Of Supreme Court Are Landmark Path Breaking Decisions, Among Greatest In American History!

The two gay marriage decisions of the Supreme Court today will be seen as landmark, path breaking decisions, among the greatest in all of American history!

It has been a long time coming for gay and lesbian Americans, to achieve legal equality under the law and Constitution of the United States. It is a fantastic victory for civil rights and human rights, and will make it a lot easier for young Americans, and really all Americans, who recognize they have a different sexual orientation, which should not be discriminated against by others who refuse to accept change!

The decisions declare the key provision of the Defense Of Marriage Act unconstitutional, and also allow California to follow the circuit court decision, negating Proposition 8, which banned gay marriage in the state, after it has already been allowed.

So California will join twelve other states over the next few months that allow gay marriage—Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island in New England; New York, Maryland and Delaware in the Middle Atlantic; Iowa and Minnesota in the Midwest; and Washington State on the Pacific Coast.

It seems likely that other states, mostly “Blue” Democratic states in the last Presidential election, will soon join those 13 states, while the likelihood of “Red” or Republican states legalizing it seems far off, if not impossible to imagine.

But the fight to have the Supreme Court overturn the entire Defense of Marriage Act, allowing the Court to declare gay marriage legal in all states, following the tradition of Loving V. Virginia on interracial marriage in 1967, is the next battle, as the right to marry should be national in scope, not based on the states denying equal protection under the law!

It will take some time, but the day is not far off before gay marriage is legal everywhere in America, and if the right wing and the religious bigots have a problem, so be it, as they will have to accept it, as much as they opposed interracial marriage fifty years ago, but ultimately had to accept, at least publicly, although one can be certain there are many such people as these, who still are opposed to interracial marriage!

The point is that the right to marry is a civil right, and no public opinion poll, referendum, or utterance of a talk show host or some preacher should stand in the way of this basic human right, and the right to pursuit of happiness!