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Marriage Equality and the Civil Rights Inheritance
On the face of it, mixed-race and same-sex marriage rights are quite different. But look at who's lined up in opposition and why
In the small hours of 11 July 1958, three policemen entered the home of Mildred and Richard Loving, in Central Point, Virginia and found them in bed. When Richard pointed to his marriage certificate indicating that Mildred was his wife, they arrested them. Richard was white; Mildred was black and Cherokee. They were breaking the law, as laid down in Virginia's Racial Integrity Act, which banned mixed-race marriage.
That Loving feeling: Richard and Mildred, whose marriage became a civil rights cause celebre. (Photo: Grey Villet/HBO/'The Loving Story')
The case eventually went to the US supreme court, which, in 1967, ruled in favour of the Lovings:
"Marriage is one of the 'basic civil rights of man', fundamental to our very existence and survival. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
So, six years after Barack Obama was born in Hawaii to a white woman from Kansas and a black man from Kenya, mixed-race marriage was formally recognised as a civil right nationwide. (Some states kept their laws on the books, even if they were unenforceable. Alabama was the last to get rid of its anti-miscegenation law in 2000.) Said Mildred, many years later:
"Not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me. Even if others thought he was the 'wrong kind of person' for me to marry."
Recently, a report by the Pew Research Center revealed that more than one in seven new marriages in the US is between people of a different race or ethnicity. The research revealed mixed-marriages now comprise 8.4% of all marriages in the US in 2010, more than double the proportion of 1980.
"Races do not intermarry," Martin Luther King once wrote. "Humans intermarry." But humans are not abstractions. We are moulded by the world we live in. It would be comforting, particularly in the west, to think that our romantic partners are chosen purely through desire and attraction. But it would also be deluded. The fault lines that shape of race, religion, age, ethnicity, nationality and so on that influence our lives in so many ways inevitably creep in to the most intimate settings. It would be strange if they didn't.
This is not some avant-garde leftist notion. From Shakespeare's Romeo and Juliet to Vikram Seth's A Suitable Boy, the notion that love does, indeed, know boundaries, even if it can, at times, overcome them, has been a literary staple through the ages. "It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife," says Mrs Bennett, in the first line of Jane Austen's Pride and Prejudice. In Britain, it is still the case that no royal may ascend to the throne if they have married a Catholic (albeit this law is in the process of reform).
As recently as 1986, the issue of intermarriage was contentious: 28% of Americans said people of different races marrying each other was not acceptable for anyone, while 37% said this may be acceptable for others, but not for themselves, leaving just (33%) who believed intermarriage was acceptable for everyone. But as those born before the civil rights era died off, those raised without the dead weight of segregation on their imagination opened their minds. Today, 11% (still shockingly high, even if greatly reduced) believe society is worse-off because of increased intermarriage. Among the under 30s, it's just 5%.
These shifts were not a result of the innate liberal genius of the young or the inevitable influence of time and tide. It was politics. Had there been no civil rights struggle, no pressure on courts and the polity, these changes would not have happened as they did. "Men make their own history," wrote Karl Marx, in the 18th Brumaire of Napoleon Bonaparte:
"But they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under given circumstances directly encountered and inherited from the past."
A very similar process that is gradually rendering interracial marriage a banal fact of life is taking place with regard to same-sex marriage. Today, more Americans support gay marriage than don't, with the number backing it increasing by roughly 2% every year since the 1990s. Now, gay marriage is legal in seven states and the District of Columbia, covering more than 13% of the population. Maryland may soon follow, and if California's courts definitively overturn the 2008 referendum banning it , the right will be available to more than one in four Americans. Clearly, it's a right whose time has come, albeit long overdue.
To compare these two struggles is not to equate them. To say homophobia and racism are the same would be ridiculous. As Quentin Crisp once said:
"The difference between being gay and being black is that you don't have to come downstairs one day and say, 'Mum, Dad, I'm black.'"
It goes without saying that there are major differences between race and sexual orientation. It also goes without saying that the existence of many black lesbians and gays makes the binary opposition of the two issues redundant. The problem with Crisp's joke is that it contains the implication you can't be both at the same time.
None the less, to ignore the parallels between how the two issues have played out would be no less ridiculous. Three areas, in particular, stand out for comparison.
First, is the use of God and tradition to defend exclusivity and, therefore, exclusion. When the Lovings plead guilty in a Virginia Court in 1959, the trial judge, Leon Bazile, gave them a 25-year sentence – suspended, so long as they left the state – with the argument: "Almighty God created the races white, black, yellow, Malay and red," as a Virginia judge wrote in 1965, when he upheld the state's so-called Racial Integrity Act:
"And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix."
At the US supreme court, the state of Virginia compared interracial marriage with polygamy and incest – just as Republican hopeful Rick Santorum has done regarding same-sex marriage.
In 1971, when a American Civil Liberties Union lawyer argued the case for a gay couple's right to be married before the Minnesota supreme court, one judge turned his chair around and refused to look at him. The court rejected the case unanimously, citing the book of Genesis to support its decision. Religion is still the principal argument against gay marriage, and religious people are still those most likely to oppose it. Another Pew survey shows three in four white evangelicals are opposed to gay marriage (it's the only religious demographic where support for gay marriage did not increase between 2010 and 2011); that's roughly the same proportion as those who support gay marriage who are religiously unaffiliated.
Second, the campaigns to prevent these marriages are often rooted in repression and personal hypocrisy for crude electoral gain. During the Jim Crow era in the South, the issue was not whether black and white people could mix, in bed or elsewhere, but on what basis. White men slept with black women all the time, often by force. Strom Thurmond, who ran for the presidency in 1948 as a segregationist, fathered a black daughter in 1924. In the fifties, while he was Alabama governor, Jim Folsom highlighted the hypocrisy when campaigning in the "black belt" between Montgomery and Selma, where opposition to integration was strongest, pointing out that the large number of mixed-race people in the area didn't come from nowhere. "I want you to know that the sun didn't bleach 'em."
In a later gubernatorial campaign, he asked why white people were getting so worked up about the sacredness of segregation, when it looked to him as though there was "a whole lot of integratin' goin' on at night."
In a similar vein, Ken Mehlman, the head of the Republican National Committee in 2004, who helped put gay marriage bans on the ballot to rally the party's base in a presidential year, came out himself as gay in 2010. Ted Haggard, the Denver preacher who railed against gay marriage and "lifestyle" turned out to be visiting a gay prostitute on the side.
Finally, some of the same arguments, and even same statutes that were used during Jim Crow, are being used today to prevent gay marriage. In 1913, when Massachusetts was one of just a few states allowing interracial marriage, the state passed a law to prevent clerks from issuing marriage licenses to couples whose unions would not be legal in their home states. After the Massachusetts supreme court allowed gay marriage in 2004, the governor tried to resurrect that law, in order to stop gay couples coming from all over the country to get married there. His name? Mitt Romney. In order to kick the issue into touch, some Democrats – including, to his shame, President Obama – have refused to acknowledge gay marriage as a universal matter of equality; instead, saying it is an issue for each individual state. That is exactly the same argument that those supporting the slave trade made before the civil war.
Doubtless, there are some who will still deny the connection. But Mildred was not one of them. In 2007, 32 years after Richard's death, Mildred (who herself died the next year) released a statement in support of same-sex marriage.
"I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about."
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18 Comments so far
Show AllNot a flame, but a cool whisper -- perhaps the underside of your rock is calling for you ?
Gary provides ample reasons, proof, and understanding -- including both a legal and a moral basis -- for why this is completely NOT -- as you abysmally prevaricate his position, as :
"a matter for individual states"
The supreme court was REQUIRED to overturn, idiotic antediluvian prejudices stemming from centuries of racism and bigotry -- tainting the basis of marriage -- as that is directly, and right in the middle of standing up for and protecting everyone's rights equally, and in a balanced manner.
As far as "Treasure the moment, … For once Obama is correct," that's completely wrong, because it's neither valuable, nor is Obama ever "correct" -- that is for what is actually overall beneficial -- to the common needs and interests of the USA.
Whenever Obama appears to be superficially "correct," in supporting some American's in something relatively trivial, that is only because overall, there is a larger strategy that devastates more, transfers more wealth, or undermines more people, or allows even greater usurpation and warmongering (etc …).
Just like every last bit of Obama's electioneering rhetoric, that promised his support for something that he later completely reversed his actions about, whilst knowingly twisting the public's perceptions that the theater of divisive partisan politics was the problem.
Sure, he really REALLY cares about people, it's just that the corporations pay him more for his better attention to handling their details, and it's merely accidental that those actions are adverse to the public's common interests and needs.
Free speech is now demonstrably proportional to money spent, per Citizens Untiled SCOTUS, so Obama is really just following the highest court in the land's new precedent and focus of what really matters, corporations always getting what they want :
"greed at any cost"
If the public really REALLY wants something, it's just about their spending enough money to get Obama's attention -- as he supposedly only cares about the quantity of money, not how it's being spent or from whom -- right ?
Yes Obama DOES seemingly walk his talk, but most have yet to realize that he's walking in the opposite direction -- so loosely speaking, he still is walking and talking.
Anyone who thinks Civil Unions and Marriage are the same and offer the same rights is simply lying, utterly ignorant, or both, and has some other agenda. Go lurk somewhere else.
"Anyone who thinks Gay Marriage and Traditional Marriage are the same and offer the same rights is simply not living in the real world. The problem is lack of public acceptance. 31 states where the public has been allowed to vote on this subject, have rejected it overwhelmingly, and I think that if you wanted to travel abroad as a married couple, you'd run into problems. If the gay agenda is to seek 'marriage equality', there's a long way to go, and public acceptance is not going to come about by passing laws.
The issue is to me, even larger.
Purposeful divisiveness and relegated separations, are tried and proven (hardly true) mechanisms to discourage and disempower people, to 'divide and conquer' into subservience fractionated pieces of everyone's indivisible common humanity.
This is about imposing manipulative and disenfranchising control systems, deceitfully camouflaged as moral purity issues, while doing so much worse to trash people's dignity, hopes, human rights, and dreams.
Bluntly, this about de-humanizing folks.
And NOT at all oddly enough, the continued pervasive systematic violence of patriarchal hierarchy towards women (too much still as if material property), to suppress and invalidate that even larger proportion of the everyone -- is to me prototypical (and implicitly supporting) of the other forms of discrimination and abuse.
So, how often do kids in the USA, feel the need "to come downstairs one day and say,
'Mum, Dad, I'm
__ [a women] __.' "
Another indication, is that having a Black President was seen by the PTB, as less threatening to their ability to control the USA, than having a Female President.
Both leading democratic candidate indubitably generated much 'focus group' consternation, about that must be most wrong or most right about the country -- and the final choice was not made by voters -- but by those dedicated to minimizing social change and any possible disruption of rapacious usurpation and warmongering.
How's that, making political hay of the delsuion of us collectively being less racist -- used deceptively -- to hide the fact of continued oppressive sexism ?
IMAGINE a world where those 'holding up far more than half the sky,'
… intrinsically dedicated to nurturing relationships and sustainability, and seeing the bigger picture -- were integrated into every (now balanced) decision impacting health, energy, and well-being -- of families in the USA and everywhere else ?
I wonder why isn't it more obvious to everyone, that marriage itself as a social construct to lovingly foster and sustain, the best that we can create and provide, for our children's (& cultural) future -- of itself -- provides a model for a participatory, representative, balanced, and completely egalitarian society ?
That morally, and with dignity -- that everybody's vote counts equally ?
In everything ?
Congratulations Mr. Younge, on a most intelligent presentation. We are still going someplace as human beings...slowly.
Yes, we're 'practicing' to be human beings, very much as Mahatma Gandhi informed us about "Western Civilization," that he thought :
"It would be a good idea."
And on an ironic note, our movement towards greatness as being "...slowly," might well be contrasted and compared to the 'relative' competition of other intelligent life on this Planet. Our collectively taking a few thousand years, when evolution operates over millenniums, may be seen as "just fast enough."
Like, how old are you ?
Old compared to a head of lettuce,
Young compared to the mountains
Two Catholic bishops were talking, "first Galileo (500 yr ago) and now women want to be priests (whatever)." The other responds, "yes, so much change -- I think I'm getting a nose bleed."
===== ===== ===== ===== =====
Of course, with the possibility of environmental devastations looming, I see it becoming much like some personal growth seminars that I've taken (ropes, fire walk), where assaulting one's physicality is a very VERY effective TOOL, to breakthrough and move way beyond, adamant but debilitating habituated mental constructs.
With the prospects of our collective racial survival at stake, one's relative sense of personal safety and security is often surrendered altruistically, for acting courageously in opposition and non-violently against the adamant system that seemingly enslaves us.
It enslaves our minds much more so than anything physical, so that having the equivalent of suffering and/or laboring under: heavy iron chains (Cat's Cradle ?), obsessive heat (or cold), floods, famine, or anything bigger than our bodies -- is an excellent way to breakthrough our mind's intransigence, repressions, denials, and evasions.
Of course, having a few inspired and courageous folks further ahead on the curve of transformation 'faster learners,' that can aid that of their fellow passengers, is much like helping the young and infirm into the life boats first.
Our CD forum, is like a bellwether of what is likely to be coming, some are ahead of the masses directing traffic to maximize survival -- while others apparently are committed to suicidal indecision, self-destructive violence, and deceitfully attacking -- those attempting to make the situation more sustainable, comprehensible, and aligned in solidarity with ever greater cooperation, creativity, connections and acknowledged interdependency of all.
Perhaps the relative 'speed' -- be it too "…slow" or too fast -- is not the real issue ?
Perhaps more importantly, is understanding IF the direction that we chose -- moment by moment -- is toward greater safety and cultural diversity, or toward greater risk and erosion of social infrastructure ?
Why do we allow or tolerate those bullies dropping sand into OUR gears of communication, starving or denying us of needed social lubrication in our discussion, attacking the persons' and not the argument's validity ?
Can an open and urgent discussion about what really matters, BENEFIT from : differences of opinion, lively discussion, and a constructive commingling of ideas ?
Yes, absolutely so.
Can an open and urgent discussion about what really matters, AFFORD to be : distracted, twisted, invalidated, and waylaid -- by those seeking to destructively undermine and subvert social change and open and honest discussion (e.g. those profiting from continued warmongering usurpations and divisiveness) ?
Yes, as sometimes inclusivity and coalescence requires such sacrifices of 'the needs of the many for the one.'
But sometimes, not.
Sometimes the apparent needs of the one, are far less important than the needs and interests of the many, and so, isn't everyone's responsibility to discern that difference, as best they can ?
Isn't everyone's responsibility to attempt to move things forward -- monitor others doing so, as best they and we can -- however well we can collectively know and agree, on which way is forward ?
When questions are asked to explain inconsistencies, that are ignored or those asking are attacked derisively -- should we not wonder why ?
Homeostasis
I enjoyed your post.
Me too. Lot to think about.
I'm glad to see gay people getting married. They deserve it.
Yes, let gay folks marry. Why should they be the only ones who are happy.
Marriage signals the end of all hope.
We are all the HUMAN race. We're just different colors. Like crayons in a box. They're all crayons, too... just different colors. This world would be boring if we were all the same color crayons.
Yes, I heartedly agree.
The crayons in the box certainly go way beyond merely tolerating or implicitly accepting the other crayons.
Every box of x colored crayons, is in a way, in competition with those with y more (than x) colored crayons, so as to serve EVEN better, children's unlimited creative exercise and the literal rainbow of possibilities.
In a real way, the context of the 'colored crayons' go so far as to WELCOME, even more 'colored crayons,' as an increasing positive benefit, shared by all.
I would go further, with this metaphor -- in fact, way out of that box …
Please consider that the article quotes the State's seemingly dogmatic rationalization to support, outlawing of some marriages, by "The fact that he separated the races shows that he did not intend for the races to mix."
From my point of view, it is more likely and beneficial that challenges, suffering, and struggles in our lives, can seen as potential learning opportunities.
Are we NOT better off, to be inclined to overcome those issues that beneficially represents outcomes MORE important than (that eclipse) those thwarting issues that only seemingly represents what we might have once thought was relatively important, but that is really insignificant overall ?
Perhaps temporary distinctive racial characteristics (which are inevitably all doomed over time, with genetic mixing), are ways for us to learn to grow beyond our once strident and strict tribal identifications and bonds of conduct and existence ?
Instead, isn't it WISE to be growing our acceptance and allowance of diversity as being significantly BENEFICIAL, leading to more completely overcoming obstacles of mis-perceived and mal-adaptive seeming superiority ?
No level of government - not State or Federal - should be involved with marriage. Marriage is a personal and/or religious concept. Children are no longer protected by marriage laws, as evidenced by how many children are abandoned by a parent.
Inheritance and other legal issues should be dealt with by 'Next of kin laws' which would allow anyone to appoint anyone else as his/her next of kin. This would eliminate one big injustice that often is ignored - that of the priveleged status of those who are married as opposed to those who are unmarried. There should be equal justice for all - married and unmarried. 'Next of kin' laws would be very helpful with end of life issues.
Marriage is between a man and a woman; its been that way since the beginning of recorded history and honored as such by every human society. To imply this is a civil rights issue is ignores natural law and common sense. A child is best raised by a loving mother and father and no amount of role-playing can change this; the research does not lie. The homosexual act is sin and will never be validated by self-centered individuals pushing an agenda of death and hiding behind laws enacted to curb racism. Live together, do as you please, but do not pretend to love in God's intended marital.......Peace
If it's solely a religious issue then I say let's do away with all tax and legal advantages for married couples. I am sure your god will compensate them for the loss.
"The difference between being gay and being black is that you don't have to come downstairs one day and say, 'Mum, Dad, I'm black.'"
All I can is: if the parents had to be told, they weren't paying attention while that child was growing up. What does that say about their role as parents and nuturers?
Perhaps you might just look up these words ?
"metaphor: applied to an object or action to which it is not literally applicable"
"figure of speech: a word or phrase used in a nonliteral sense to add rhetorical force to a spoken or written passage : calling her a crab is just a figure of speech."