It was certainly a stirring image, the President-elect giving his acceptance speech in front of more than one hundred thousand in Chicago’s Grant Park. Amid the euphoria and the sense of renewal, however, we saw some of the politics as usual of the past in the use of ballot initiatives to curtail individual rights. In four states voters passed gay marriage bans and other anti-gay measures dealing with foster care and adoption. In California the ballot measure was an attack on a state Supreme Court decision invalidating of a previous gay marriage ban. Take that activist judges!
Those who favor these ballot initiatives see nothing wrong with the notion of citizens voting on the rights of others, especially when the others are gay and lesbian Americans. Gays are not seen as a group experiencing discrimination, and they should never be compared to the traditional minority groups lest the legitimate yearnings of those groups be somehow debased. In an ironic twist, the Bible is used to justify these votes, while the collective memory blocks out the use of the very same book in the Southern United States to justify slavery, as well as its use to subjugate women.
There are obviously many people who don’t think that gays and lesbians deserve the same civil rights as others, that our difference is a choice we freely made as opposed to some kind of genetic marker, as if genetics should determine whether civil rights are extended or not. However, we do live in a constitutional republic, one in which the rights of minorities are supposed to be protected from the tyranny of the majority. Judges are there to protect those rights. As one of the lawyers in a suit filed today against the California marriage ban notes: “Equal protection is supposed to prevent the targeting and subjugation of a minority group by a simple majority vote.”
So while you may be disgusted, or disturbed, or frightened by homosexuals, it is beyond time to stop using these petition-based ballot initiatives with their biblical underpinnings as a cudgel to wield against one group of individuals. Finally, without the decisions of so-called activist judges, does anyone really believe that we would be greeting a President-Elect Barack Obama?