Rachel Held Evans nails it (Voices of Faith)

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Voices of Faith

Noted Evangelical Blogger, Rachel Held Evans, summarizes things nicely on her facebook page (Click to read the whole thing)

...Nothing about yesterday’s decision forces people with religious convictions against same-sex marriage to perform those marriages. That freedom is preserved, just as it remains totally legal for a church today to refuse to marry an interracial couple. Yesterday's ruling simply allows for those who do not share that same religious conviction to enjoy the same civil liberties that the rest of us enjoy. Furthermore, is it not a more serious violation of religious liberty to tell a same-sex couple whose religion allows for, and in fact celebrates, marriage that they cannot practice that religious conviction because some of their fellow citizens do not agree with their particular expression of it? Civil rights aren’t up to a vote. They aren’t up to public opinion. Civil rights are part of what it means to be an American citizen. ....

More flip-flops than the discount bin at Target...

Time has a column about the flip-flops on marriage equality from the Obama Administration.

[A]s I have pointed out before, Obama loves to raise political donations; he has plainly begun to worry about his standing among the rich homosexuals who used to fawn over him. As the New York Times' Adam Nagourney first reported, the California legal brief was one reason that a prominent gay supporter of Obama's went to the Oval Office in late June to express, for 15 full minutes, the gay community's deep disappointment.

And so this week we get a new legal brief from the Obama Administration in the California case, this one denuded of the execrable incest defense. This time.... Obama flip-flops again - now back to his campaign position. (It must be dizzying to work in the White House these days.) Now the Administration says it opposes DOMA and wants it overturned - but that tradition dictates that it defend the law. And that is why, the White House said in a statement, "the Department of Justice has filed a response to a legal challenge to [DOMA], as it traditionally does when acts of Congress are challenged." ....

Legalistically speaking, the tradition argument is true, but it's yet another Obama dodge.....As Eugene Volokh of UCLA told me Aug. 18, there is nothing in the constitution or the law that would have prevented the Department of Justice from sitting on the sidelines in the DOMA case.

Nothing except politics. Obama's triangulation between left and right has become excruciatingly obvious on this issue, and he's not quite as deft a politician as Bill Clinton at keeping his left flank at bay. I wouldn't be surprised if, next summer at the 32nd Fire Island Pines fundraiser for Lambda, I hear booing when the President's name is mentioned.

Or as the Advocate put it:

After Prop8

I found another useful website that acts as a digest of information on marriage equality, called Stop 8. They have some nice videos and editorial as well.

They may not have won what they think they won.

Are you tired as I am, of the mob rule proponents? You know, the ones who say "majority rules!" It's pretty clear that they are lacking some fundamental understanding of our Constitutional democracy. The courts and the Constitution are essential to protect the rights of the minority from mob tyranny. This is why the minority consents to be governed.

There is a US State Department site that explains this concept, for those who have a problem grasping it, from a document called Principles of Democracy.

On the surface, the principles of majority rule and the protection of individual and minority rights would seem contradictory. In fact, however, these principles are twin pillars holding up the very foundation of what we mean by democratic government.

• Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. Just as no self-appointed group has the right to oppress others, so no majority, even in a democracy, should take away the basic rights and freedoms of a minority group or individual.

• Minorities – whether as a result of ethnic background, religious belief, geographic location, income level, or simply as the losers in elections or political debate – enjoy guaranteed basic human rights that no government, and no majority, elected or not, should remove.

• Minorities need to trust that the government will protect their rights and self-identity....

• Democracies understand that protecting the rights of minorities to uphold cultural identity, social practices, individual consciences, and religious activities is one of their primary tasks.

So, let's be clear. The California Supreme Court has made a decision that these Principles of Democracy do not apply in our state. They have upheld the tyranny of the majority and crushed the rights of the minority. They have failed in their constitutional role to protect us. And this was spelled out explicitly in Justice Moreno's withering dissent.

So, they have set a dangerous precedent that ANYONE'S rights are subject to modification by majority vote-- ANYONE. That means left-handed people, redheads, Mormons, the disabled, and any other definable group can have their rights legitimately eliminated by the mob.

BUT: Prop8 supporters did not win what they think they did. Because the court did say clearly that all this applies to is the term "marriage". The actual rights-and-privileges of marriage are still to be available to gay and lesbian folk, just not the name--that is an explicit statement that "whatever it is called" is a marriage in ALL but name. If the H8ers wanted to eliminate all the benefits of marriage from gays, then Prop8 would have been a revision, and unqualified. To qualify as an amendment, the effect of Prop8 must be limited to the name "marriage".

Think about it. This means that there must be state forms that include the DP'd folks: "Single or Married/unioned". This means that kids will learn that there are marriages and DPs in school, and yes, teacher may invite them to her wedding (because they didn't take the name wedding, just the name "marriage"). This means that under law, GLBT "whatever you call its" WILL be treated the same as "marriage" .

Prop8 is still wrong, of course, and the court did fail. Separate is not equal, and we must over turn it. But I wonder how long it takes The Forces of H8 to figure out that they didn't really succeed doing what they thought they were doing.

As the expression goes, the arc of history may be long, but it bends towards justice.