

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
By a 5-4 majority, the U.S. Supreme Court ruled today that laws denying same-sex couples the right to marry violate the "due process" and "equal protection" guarantees of the Fourteenth Amendment to the Constitution. With or without the court ruling, full-scale marriage equality was an inevitability thanks to rapid trans-ideological generational change in how this issue was perceived; today's decision simply accelerated the outcome.
All the legal debates over the ruling are predictable and banal. Most people proclaim - in the words of Justice Scalia's bizarre and somewhat deranged dissent - that it is a "threat to democracy" and a "judicial putsch" whenever laws they like are judicially invalidated, but a profound vindication for freedom when laws they dislike are nullified. That's how people like Scalia can, on one day, demand that campaign finance laws enacted by Congress and supported by large majorities of citizens be struck down (Citizens United), but the next day declare that judicial invalidation of a democratically enacted law "robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."
Far more interesting than that sort of naked hypocrisy masquerading as lofty intellectual principles are the historical and cultural aspects of today's decision. Although the result was expected on a rational level, today's decision is still viscerally shocking for any LGBT citizen who grew up in the U.S., or their family members and close friends. It's almost hard to believe that same-sex marriage is now legal in all 50 states. Just consider how embedded, pervasive and recent anti-gay sentiment has been in the fabric of American life.
In the 1970s - just 40 years ago - the existence of gay people was all but unmentionable, particularly outside of small enclaves in New York, Los Angeles and San Francisco. If your first inkling of a gay identity took place in that decade, as mine did, you necessarily assumed that you were alone, that you were plagued with some sort of rare, aberrational disease, since there was no way even to know gayness existed except from the most malicious and casual mockery of it. It simply wasn't meaningfully discussed: anywhere. It was so unmentionable that Liberace, of all people, long insisted to his fans that he was a "bachelor" due to his inability to recover from his tragic break-up with his fiance, the Norwegian figure skater Sonja Henie. With exceedingly few exceptions, openly gay figures in politics, sports, or entertainment were nonexistent.
In the 1980s - just 30 years ago - the U.S. held its first-ever sustained, serious public discussion of homosexuality. But that discussion was forced by the advent of a hideous, terrorizing, mysterious disease, which - in the public mind's and the mind of many young LGBTs - came to define what it meant to be gay. Even then, as thousands of Americans were dying, the taboo against public discussions of homosexuality was so potent that politicians like Ronald Reagan and Ed Koch were petrified even of discussing this public health crisis, allowing it to grow and metastasize for years with almost no governmental mobilizing against it. In 1986, the U.S. Supreme Court upheld the right of states such as Georgia to criminalize gay sex and arrest and prosecute those who engaged it, on the ground - in the words of Chief Justice Berger - that "there is no such thing as a fundamental right to commit homosexual sodomy" and that "condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards."
In the 1990s - just 20 years ago - anti-gay sentiment was so widespread that Bill Clinton signed two grotesquely bigoted and damaging laws: "the Defense of Marriage Act", which barred the federal government from offering any benefits to same-sex couples (including crucial immigration and survivor rights), and "Don't Ask, Don't Tell," which codified the ban on LGBTs serving in the military. DOMA passed the Senate on September 10, 1996 - less than 20 years ago - by a vote of 85-14, with the support of every Republican as well as people like Joe Biden, Chris Dodd, Pat Leahy, Patty Murray, and Paul Wellstone. In 1992, the State of Colorado actually enacted a constitutional amendment - Amendment 2 - overturning all existing local laws and banning all future ones that outlawed anti-gay discrimination. Gallup never polled on same-sex marriage until 1996, and when it did, found that Americans opposed it by a whopping 68-27% majority.
In the 2000s - just 10 years ago - opposition to gay marriage was so pervasive that every state referendum on the question rejected it. Putting it on the ballot became a vital GOP strategy for winning elections, a tactic engineered by then-closeted-gay-GOP-Chairman Ken Mehlman, who later came out and apologized. It was only in 2003 - exactly 12 years ago today - when the Supreme Court reversed its 1986 ruling and held that the criminalization of gay sex is unconstitutional (and even then, only by a 5-4 majority) - meaning that it's only been 12 years that gay people have had the right to have sex in America without being prosecuted for it. In both the 2004 and 2008 election, the presidential nominees for both parties were adamantly opposed to same-sex marriage.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
By a 5-4 majority, the U.S. Supreme Court ruled today that laws denying same-sex couples the right to marry violate the "due process" and "equal protection" guarantees of the Fourteenth Amendment to the Constitution. With or without the court ruling, full-scale marriage equality was an inevitability thanks to rapid trans-ideological generational change in how this issue was perceived; today's decision simply accelerated the outcome.
All the legal debates over the ruling are predictable and banal. Most people proclaim - in the words of Justice Scalia's bizarre and somewhat deranged dissent - that it is a "threat to democracy" and a "judicial putsch" whenever laws they like are judicially invalidated, but a profound vindication for freedom when laws they dislike are nullified. That's how people like Scalia can, on one day, demand that campaign finance laws enacted by Congress and supported by large majorities of citizens be struck down (Citizens United), but the next day declare that judicial invalidation of a democratically enacted law "robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."
Far more interesting than that sort of naked hypocrisy masquerading as lofty intellectual principles are the historical and cultural aspects of today's decision. Although the result was expected on a rational level, today's decision is still viscerally shocking for any LGBT citizen who grew up in the U.S., or their family members and close friends. It's almost hard to believe that same-sex marriage is now legal in all 50 states. Just consider how embedded, pervasive and recent anti-gay sentiment has been in the fabric of American life.
In the 1970s - just 40 years ago - the existence of gay people was all but unmentionable, particularly outside of small enclaves in New York, Los Angeles and San Francisco. If your first inkling of a gay identity took place in that decade, as mine did, you necessarily assumed that you were alone, that you were plagued with some sort of rare, aberrational disease, since there was no way even to know gayness existed except from the most malicious and casual mockery of it. It simply wasn't meaningfully discussed: anywhere. It was so unmentionable that Liberace, of all people, long insisted to his fans that he was a "bachelor" due to his inability to recover from his tragic break-up with his fiance, the Norwegian figure skater Sonja Henie. With exceedingly few exceptions, openly gay figures in politics, sports, or entertainment were nonexistent.
In the 1980s - just 30 years ago - the U.S. held its first-ever sustained, serious public discussion of homosexuality. But that discussion was forced by the advent of a hideous, terrorizing, mysterious disease, which - in the public mind's and the mind of many young LGBTs - came to define what it meant to be gay. Even then, as thousands of Americans were dying, the taboo against public discussions of homosexuality was so potent that politicians like Ronald Reagan and Ed Koch were petrified even of discussing this public health crisis, allowing it to grow and metastasize for years with almost no governmental mobilizing against it. In 1986, the U.S. Supreme Court upheld the right of states such as Georgia to criminalize gay sex and arrest and prosecute those who engaged it, on the ground - in the words of Chief Justice Berger - that "there is no such thing as a fundamental right to commit homosexual sodomy" and that "condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards."
In the 1990s - just 20 years ago - anti-gay sentiment was so widespread that Bill Clinton signed two grotesquely bigoted and damaging laws: "the Defense of Marriage Act", which barred the federal government from offering any benefits to same-sex couples (including crucial immigration and survivor rights), and "Don't Ask, Don't Tell," which codified the ban on LGBTs serving in the military. DOMA passed the Senate on September 10, 1996 - less than 20 years ago - by a vote of 85-14, with the support of every Republican as well as people like Joe Biden, Chris Dodd, Pat Leahy, Patty Murray, and Paul Wellstone. In 1992, the State of Colorado actually enacted a constitutional amendment - Amendment 2 - overturning all existing local laws and banning all future ones that outlawed anti-gay discrimination. Gallup never polled on same-sex marriage until 1996, and when it did, found that Americans opposed it by a whopping 68-27% majority.
In the 2000s - just 10 years ago - opposition to gay marriage was so pervasive that every state referendum on the question rejected it. Putting it on the ballot became a vital GOP strategy for winning elections, a tactic engineered by then-closeted-gay-GOP-Chairman Ken Mehlman, who later came out and apologized. It was only in 2003 - exactly 12 years ago today - when the Supreme Court reversed its 1986 ruling and held that the criminalization of gay sex is unconstitutional (and even then, only by a 5-4 majority) - meaning that it's only been 12 years that gay people have had the right to have sex in America without being prosecuted for it. In both the 2004 and 2008 election, the presidential nominees for both parties were adamantly opposed to same-sex marriage.
By a 5-4 majority, the U.S. Supreme Court ruled today that laws denying same-sex couples the right to marry violate the "due process" and "equal protection" guarantees of the Fourteenth Amendment to the Constitution. With or without the court ruling, full-scale marriage equality was an inevitability thanks to rapid trans-ideological generational change in how this issue was perceived; today's decision simply accelerated the outcome.
All the legal debates over the ruling are predictable and banal. Most people proclaim - in the words of Justice Scalia's bizarre and somewhat deranged dissent - that it is a "threat to democracy" and a "judicial putsch" whenever laws they like are judicially invalidated, but a profound vindication for freedom when laws they dislike are nullified. That's how people like Scalia can, on one day, demand that campaign finance laws enacted by Congress and supported by large majorities of citizens be struck down (Citizens United), but the next day declare that judicial invalidation of a democratically enacted law "robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."
Far more interesting than that sort of naked hypocrisy masquerading as lofty intellectual principles are the historical and cultural aspects of today's decision. Although the result was expected on a rational level, today's decision is still viscerally shocking for any LGBT citizen who grew up in the U.S., or their family members and close friends. It's almost hard to believe that same-sex marriage is now legal in all 50 states. Just consider how embedded, pervasive and recent anti-gay sentiment has been in the fabric of American life.
In the 1970s - just 40 years ago - the existence of gay people was all but unmentionable, particularly outside of small enclaves in New York, Los Angeles and San Francisco. If your first inkling of a gay identity took place in that decade, as mine did, you necessarily assumed that you were alone, that you were plagued with some sort of rare, aberrational disease, since there was no way even to know gayness existed except from the most malicious and casual mockery of it. It simply wasn't meaningfully discussed: anywhere. It was so unmentionable that Liberace, of all people, long insisted to his fans that he was a "bachelor" due to his inability to recover from his tragic break-up with his fiance, the Norwegian figure skater Sonja Henie. With exceedingly few exceptions, openly gay figures in politics, sports, or entertainment were nonexistent.
In the 1980s - just 30 years ago - the U.S. held its first-ever sustained, serious public discussion of homosexuality. But that discussion was forced by the advent of a hideous, terrorizing, mysterious disease, which - in the public mind's and the mind of many young LGBTs - came to define what it meant to be gay. Even then, as thousands of Americans were dying, the taboo against public discussions of homosexuality was so potent that politicians like Ronald Reagan and Ed Koch were petrified even of discussing this public health crisis, allowing it to grow and metastasize for years with almost no governmental mobilizing against it. In 1986, the U.S. Supreme Court upheld the right of states such as Georgia to criminalize gay sex and arrest and prosecute those who engaged it, on the ground - in the words of Chief Justice Berger - that "there is no such thing as a fundamental right to commit homosexual sodomy" and that "condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards."
In the 1990s - just 20 years ago - anti-gay sentiment was so widespread that Bill Clinton signed two grotesquely bigoted and damaging laws: "the Defense of Marriage Act", which barred the federal government from offering any benefits to same-sex couples (including crucial immigration and survivor rights), and "Don't Ask, Don't Tell," which codified the ban on LGBTs serving in the military. DOMA passed the Senate on September 10, 1996 - less than 20 years ago - by a vote of 85-14, with the support of every Republican as well as people like Joe Biden, Chris Dodd, Pat Leahy, Patty Murray, and Paul Wellstone. In 1992, the State of Colorado actually enacted a constitutional amendment - Amendment 2 - overturning all existing local laws and banning all future ones that outlawed anti-gay discrimination. Gallup never polled on same-sex marriage until 1996, and when it did, found that Americans opposed it by a whopping 68-27% majority.
In the 2000s - just 10 years ago - opposition to gay marriage was so pervasive that every state referendum on the question rejected it. Putting it on the ballot became a vital GOP strategy for winning elections, a tactic engineered by then-closeted-gay-GOP-Chairman Ken Mehlman, who later came out and apologized. It was only in 2003 - exactly 12 years ago today - when the Supreme Court reversed its 1986 ruling and held that the criminalization of gay sex is unconstitutional (and even then, only by a 5-4 majority) - meaning that it's only been 12 years that gay people have had the right to have sex in America without being prosecuted for it. In both the 2004 and 2008 election, the presidential nominees for both parties were adamantly opposed to same-sex marriage.