Inside the Supreme Court, Bearing Witness to History

My morning routine yesterday wasn’t very remarkable. The alarm went off with its standard annoying noise, my shower was cold (as is usual in a house of 16 interns fighting for precious little warm water), and breakfast was unquestionably mediocre. But just a block away from my bowl of cereal and skim milk, I knew that in an ornate chamber nine individuals would be considering something truly historic.

Growing up gay in a small, conservative town in southeast Texas, I oftentimes felt disconnected from the issues and events of the wider world. For as long as I can remember, I have had the drive to know, to understand, and to be a part of something much larger than my small beginnings. The cases before the Supreme Court are a perfect example of this. Marriage equality is something that not only affects me personally, but is regarded as one of the defining civil rights issues of my generation. Being in DC during this event was truly a stroke of good fortune and I couldn’t pass on the opportunity to be a part of history.

I headed to the steps of the Supreme Court, foolishly thinking that no one would be in line at such an early hour of the morning. How wrong I was. Spanning the length of the sidewalk were some 200+ people waiting for one of the coveted seats in the Supreme Court chamber. My chance of being a part of history, it seemed, looked uncertain. As I worked my way to the end of the line, one woman in the crowd turned to me and said “Don’t get your hopes up for getting a seat.” Luckily, I’m not used to taking advice from strangers, so I soldiered on. At the end of the line, an older lesbian couple from Ohio greeted me and chided my decision not to bring a jacket. Being from Texas, I’m not used to needing any sort of warm clothing in the month of March. Guess I still have a lot to learn about living in DC.

The first 60 or 70 individuals in line, I was told, would be able to sit through the entirety of the oral arguments. The rest of us who were lucky enough to receive a ticket would be rotated into the back portion of the audience seating. After what seemed like ages in the cold and wind, I managed to reach the front of the line and secure a ticket to sit and listen to a brief three-minute portion of the oral arguments in United States v. Windsor. Better to witness a small part of history than none at all!

After securing all of my belongings into a locker inside the building, we were placed in another line to await our seating assignments. The nervous excitement and uncertainty from the crowd was palpable. For myself and for others in the line, this case, challenging the federal Defense of Marriage Act (DOMA), had the potential to make a real and lasting influence on our lives. How often do you get the chance to witness your own future in the making?

Luckily, I was given a great seat that had an unobstructed view of the proceedings. During the three minutes I was in the room, Paul Clement, the lawyer defending DOMA on behalf of the so-called Bipartisan Legal Advisory Group, was being questioned by Justices Kennedy and Ginsburg, both of whom seemed critical of DOMA’s constitutionality. Commentators and legal analysts have all pointed to Justice Kennedy as the deciding swing vote on the DOMA case, and I couldn’t help but focus on him during much of my preciously brief time in the room. It’s an odd feeling, looking into the face of someone who has the power to make such a difference in your life. As I looked at him and the other justices, I wondered if they knew how much was riding on the case before them. How many future “I do”s would continue to be treated as second-class? Justice Ginsburg summed up current law in a humorous and relevant way: "There are two kinds of marriage: full marriage and the skim-milk marriage."As you can probably tell, I’m not a fan of skim milk in my marriage or my breakfast cereal. I, and millions of other LGBT Americans including Edie Windsor, don’t want watered down rights. I left the courtroom hopeful that at least five of those nine justices would see that this is no different from the “separate but equal” arguments of the past.

As DOMA and Proposition 8 begin to fade back into the recesses of the American public’s attention, I continue to remind myself that legal recognition for same-sex couples is just one piece in the enormous puzzle for equality. While TIME Magazine’s newest cover declares "Gay Marriage Already Won," the sad reality is that LGBT Americans continue to be treated as second-class citizens on a host of issues. Today, in 29 states (including my home state of Texas), you can be legally fired from your job just for living your life openly gay. In 34 states, you can be fired for your gender identity. And for thousands of binational same-sex couples and undocumented LGBT immigrants, the threat of deportation remains a daily source of fear and isolation. These issues may not get the media coverage or viral appeal that marriage equality does, but they nonetheless affect the lives and livelihoods of our friends, families, and neighbors in real ways. Let’s not forget that.

The road to “a more perfect union” will be a long and difficult one. But no matter what happens, I will hold these words of Dr. Martin Luther King, Jr. close to my heart: “The arc of the moral universe is long, but it bends towards justice.” I’m doing my best to make sure that becomes reality sooner rather than later.

PFAW

Rallying for Marriage Equality – Day Two

Yesterday, PFAW staff and members rallied at the Supreme Court for marriage equality. Today we returned to the Court for Day Two with United For Marriage.

It was indeed a big day for the PFAW family, as one of our own, Minister Leslie Watson Malachi, delivered remarks. Her “Stay in Hope” speech offered a powerful vision of not only of hope but also of unity.

As an African American woman, on behalf of the Equal Justice Task Force of African American Ministers In Action, Hope says the enemy is a liar when they say African Americans and lesbian, gay, bisexual, and transgender (LGBT) people are two separate - even hostile – communities, for “no weapon shall be forged against us” and no wedge can be driven between those who know oppression, discrimination, denial of basic civil and human rights. Hope connects the civil rights movement to the gay rights movement, the yesterday to today, the hopeful to the hopeless.

We all have different stories to tell, but the struggle for equality remains, and we should fight together – we are fighting together.

Minister Malachi was among a stellar roster of speakers today, including an appearance from Representative Xavier Becerra (D-CA34), not clad in business attire as a member of Congress, but “suited up” in jeans as a father whose young daughter, Natalia, knew that she wanted to be there to witness history and asked him to join her.

In 1996, I voted against the Defense of Marriage Act (DOMA). Today, I stood on the steps of the U.S. Supreme Court to witness history, and I say this as a proud father, Latino, and Catholic... the time for equality is now.

Natalia is further testament to the fact that young people have paved the way for the American majority that now supports marriage equality.

What has stood out most for me from this experience is seeing the real people behind these cases. Yesterday, I waited at the Court until attorneys David Boies and Ted Olson walked down those famous steps with the Proposition 8 plaintiffs, Kristin Perry and Sandra Stier, and Paul Katami and Jeffrey Zarrillo. Today, I watched as Edie Windsor, at 83 years old, made that same walk, to loud cheers and applause and chants of “Edie! Edie!” In return, we all got a wave and a kiss blown our way.

To Edie and the others I say, Sophia Petrillo has your back.

We all have your back.

PFAW

Why It’s Time to Dump DOMA: Paul Gordon

This piece is the eighth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

At the end of 2008, my husband and I were married in the same synagogue where I’d had my bar-mitzvah more than three decades earlier.  As a 13 year-old in the 1970s, I read from the Torah and spoke to the congregation about letting the people we love know how much we love them. But as a closeted 13 year-old, I never dreamed that 30 years later, I’d be standing in the same chapel, with all the same people who are dearest to me, publicly professing my love for another man. Rick and I were surrounded by family and married in the traditions of our faith. And as we drank from the Kiddush cup, we adapted a practice from the Passover Seder; since Prop 8 had just passed, we removed eight drops of wine as a symbol that our joy was diminished by the suffering caused by marriage discrimination.

Passover is my favorite holiday because it is about living in a just society.  It teaches us to welcome the stranger, because “we were strangers in the land of Egypt.” It is a lesson that, unfortunately, must be learned and relearned, as every society has those whom it unjustly treats as outcasts.

It’s appropriate that the Supreme Court will be hearing oral arguments in both the Prop 8 and Defense of Marriage Act cases during the week of Passover. Although the Constitution uses the language of “equal protection” instead “strangers in the land of Egypt,” the underlying values are the same. It is wrong – and unconstitutional – for states to prohibit us from marrying and for the federal government to refuse to recognize our marriages. What better time than Passover to dump DOMA and strike down Prop 8?

Paul Gordon, Senior Legislative Counsel
People For the American Way

PFAW

Senator Portman’s change of heart and the legacy of Harvey Milk

Anyone who’s heard the story of San Francisco City Supervisor Harvey Milk has likely heard his famous call:

Come out, come out, wherever you are!

That was one of the slogans used in the campaign against California’s Briggs Initiative in 1978. It was also the sign of something bigger for Milk, his staunch belief that sexual orientation was not a private matter, and that hearts and minds would only be changed if gays and lesbians came out to show their family, friends, neighbors, coworkers, and the like that we’re all on the same team. That everyone has the same right to the proverbial life, liberty, and the pursuit of happiness.

Nearly thirty-five years after Milk was assassinated, that mantra has again proven true in the case of Will Portman and his father, US Senator Rob Portman of Ohio.

Why did Senator Portman’s change of heart take two years? Why has he continued to support the anti-gay policies of his party? There’s a lot of debate on both points, but one thing is certain: it was his son’s own coming out that forced the Senator to come out in support of marriage equality, and to do that interview and write that op-ed.

The Portman story breaks just eleven days before the Supreme Court will hear oral arguments in the cases challenging California’s Proposition 8 and the federal Defense of Marriage Act. Stuart Milk recently told the United for Marriage coalition that we must have a public showing at the Court of who this impacts. In so doing, he is upholding one of the fundamental principles on which his uncle’s legacy is based.

Thank you, Harvey.

PS – If you’d like to join PFAW at the Court, click here for more information.

PFAW

PFAW is United for Marriage

On December 7, 2012, the Supreme Court agreed to hear cases challenging California’s Proposition 8 and the federal Defense of Marriage Act.

PFAW President Michael Keegan:

As we saw with last month’s state ballot measures affirming marriage equality, more and more Americans are coming to understand that laws preventing same-sex couples from getting married do real harm to our families, friends, and neighbors . . . Laws like Proposition 8 and DOMA go against the central American ideal of equal justice under the law . . . The cases the court agreed to hear today are a landmark opportunity for our country to move towards making marriage equality the law of the land once and for all.

Now that opportunity is upon us.

In less than two weeks, oral arguments will be heard at the Court. PFAW will be there with the United for Marriage coalition.

There have been a few moments during my nearly nine years in DC that I’ve felt like I was part of history. January 31, 2006, shaking Senator Ted Kennedy’s hand just after he’d cast his “No” vote on the Alito nomination. August 29, 2009, gathering at the Capitol for Senator Kennedy’s funeral procession. June 28, 2012, standing outside the Court as the (at first false) news of the healthcare ruling spread.

Organizing with United for Marriage has already felt historic, so March 26 and 27, 2013 stand to join those moments. You can, too.

  • If you live in or near DC, or plan to be here for this historic occasion, join the PFAW delegation at the Court for the United for Marriage rallies. RSVP here then email me to let me know you're attending.
  • If you live elsewhere or know people in other parts of the country, check out a local event, or create one of your own.

Visit unitedformarriage.org for more information.

PS: We’ll be wearing PFAW shirts and carrying PFAW signs. The color of the day is red!

PFAW

Why It’s Time to Dump DOMA: Valeria Carranza

This piece is the sixth in a series of guest blog posts on “Why It’s Time to Dump DOMA.” In the weeks leading up to the Supreme Court arguments on the anti-gay Defense of Marriage Act, we’re asking friends of PFAW to share why dumping DOMA matters to them. Be sure to check back soon for the latest post in the series.

Growing up as a gay woman in a conservative Salvadoran household was like being the protagonist in one of the telenovelas that I used to watch with my Maminena, my grandma. Thankfully, here in Maryland, being gay is no longer an obstacle to marrying the love of my life.

After a hard-fought battle, my girlfriend and I now have the right to say, “I do.”

Unlike most economic development initiatives, tax increases, and transportation projects, our ability to marry was taken to the polls and put to a vote. Marriage for same-sex couples is still treated like an earned privilege rather than a given right. While we won the right to marry in Maryland, thanks to DOMA our marriage would not be recognized under federal law.

My relationship, under this law, does not count. DOMA is a vehicle for discrimination and it hurts our families.
 
When thinking about equality, whether it’s equal protection under federal law, marriage equality or equal protection for our transgender community, two words come to mind: unconditional love.

 

 

 

 

 

 

 

 

 

 

Unconditional love. That is what equality means to me: unconditional love for our community, constituents, neighbors, co-workers, schoolmates, friends, family members. Because when you truly love, you don’t let discrimination and injustice take place in your community – or in your country.

The Defense of Marriage Act is just as outdated as the concept of “traditional marriage” being restricted to heterosexuals only. It’s time to dump DOMA – let unconditional love take its place.

Valeria Carranza
Alumna of affiliate People For the American Way Foundation’s Front Line Leaders Academy

 

PFAW

PFAWF’s African American Ministers Leadership Council Submits Amicus Briefs in Marriage Equality Cases

Last week the Equal Justice Task Force of the African American Ministers Leadership Council, a program of People For the American Way Foundation, joined with a broad coalition of organizations in filing amicus briefs for the marriage equality cases being considered by the Supreme Court.  These cases – Hollingsworth v. Perry, which challenges California’s Proposition 8, and Windsor v. U.S., which challenges Section 3 of the Defense of Marriage Act (DOMA) – represent landmark opportunities for our nation to move toward making marriage equality a reality for all Americans. 

“As African American faith leaders, we feel it is our responsibility to question hatred and discrimination wherever it happens – and especially in our laws,” said Minister Leslie Watson Malachi, Director of the African American Ministers Leadership Council. “Laws singling out and preventing same-sex couples from getting married are blatantly discriminatory and they hurt our communities. These amicus briefs voice our support for equal rights and equal justice for all of God’s children.”

The amicus brief for the Hollingsworth case, a continuation of the 2010 brief PFAW Foundation submitted when the 9th Circuit Court of Appeals reviewed the case, exposes the discriminatory nature of the supposedly “moral” rationales for Proposition 8:

This Court has refused for three-quarters of a century to uphold laws disfavoring minority groups based on religious or moral disapproval alone—with the one, now-discredited exception of Bowers v. Hardwick, 478 U.S. 186 (1986). And for good reason: Time and again throughout our nation’s history, laws that disadvantaged or degraded particular groups have been justified by resort to morality and religion. And time and again, our society has come to see those laws as repugnant, and the religious and moral disapproval justifying them as little more than a means to enshrine the status quo.


Likewise, the amicus brief for the Windsor case points out:

This Court has long implicitly acknowledged the connection between religious justifications and the Equal Protection guarantee. The Court’s decision overturning Virginia’s law forbidding marriage between persons of different races is illustrative. In Loving v. Virginia, the Court dismissed the Virginia trial judge’s proffered religious-based rationale, which cited God’s hand in creating different races, recognizing instead that “[t]here is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” 388 U.S. 1, 11 (1967). Ultimately, the Court recognized that the anti-miscegenation law served no secular purpose, and was based on nothing more than racial discrimination—even if disguised as a moral or religious belief.


As these briefs highlight, discrimination – even if cloaked in the language of religious or moral beliefs – is still discrimination.

PFAW Foundation

Importance of the Supreme Court in the Upcoming Election

As Election Day approaches, voters need to keep in mind one of the most important powers given to a president: the ability to nominate Supreme Court Justices. Judicial nominations take even more precedence in this election due to the fact that four current justices are in their seventies, making it likely that the next president will have the opportunity to nominate at least one or two justices, putting major progressive reforms along with a list of other issues at risk with the possibility of even one additional conservative justice to the Court. The stakes are highest for progressives because Breyer (74) and Ginsburg (79, the most likely to retire) tend to lean liberal in their decisions and a conservative-leaning replacement for either would give disproportional amounts of power to the conservative wing of the Court.

Romney has pledged to nominate individuals that align with extreme right-wing justices like Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts. Under the guise of securing “greater protections for economic liberty and greater scrutiny for regulation” and “judicial modesty,” a more conservative Court would ultimately limit the expansion of gay rights, further extend corporate influence in politics, attack women’s reproductive rights, and threaten the recently upheld healthcare legislation.

To understand the implications of a Supreme Court under Romney, one only needs to look at Romney’s choice of chairman of his Judicial Advisory Committee: Robert Bork, a right-wing extremist and advocator for Constitutional “originalism”, a radically conservative way to interpret the Constitution. Bork opposed the Civil Rights Act of 1964 and Roe v. Wade, and in 2007, Romney declared, “I wish he were already on the Supreme Court. He’s the kind of brilliant conservative mind that this court could use.” Clearly, Romney intends to shift the Court’s further to the right with nominations similar to Bork.

President Obama has been quite vocal regarding his opponent’s intentions with vacancies on the Supreme Court. In an interview with Rolling Stone, Obama made it clear that a Romney/Ryan administration would be in a position to overturn Roe v. Wade through the Supreme Court. In a recent appearance on the Tonight Show, President Obama again highlighted the importance of having a diverse Court especially when it came to Roe v. Wade. The President also recently emphasized the importance of the Supreme Court and marriage equality in the coming years during an interview with MTV, expressing opposition to the Defense of Marriage Act and hoping for its eventual overturning.

A more conservative Supreme Court would lead to a radical reinterpretation of the Constitution and a dramatic attack on equal opportunity and rights. If Romney is elected, this sort of Court would almost certainly become a reality.

Click for PFAW’s new report on the Court’s importance.

PFAW

Log Cabin Republicans Endorse Mitt Romney

To no one's surprise, the Log Cabin Republicans have endorsed Mitt Romney. The endorsement is as pitiful as it is predictable.

Romney supports a constitutional amendment prohibiting gays and lesbians from marrying. Romney opposed the end of Don't Ask Don't Tell. He signed the National Organization for Marriage's pledge to defend DOMA, put Washington DC's marriage equality law up to a popular vote, and establish a presidential commission to "investigate harassment of traditional marriage supporters." Romney has promised to nominate Supreme Court Justices like Antonin Scalia and Clarence Thomas, who dissented in the two major gay rights decisions of the past 20 years. And his main advisor on judicial nominations is the infamous Robert Bork, who has compared gay rights to child molestation.

But it's not just LGBT people who should be worried about the prospect of a Romney Court.

The Supreme Court justices Romney promises to nominate would ensure that our nation's highest court continues to routinely bend the law and twist logic in order to favor corporate interests. They would block environmental laws that restrain large corporations from poisoning our air and water. They would severely weaken and in some cases eliminate consumers' right to sue manufacturers of dangerous products. They would make it increasingly difficult for victims of illegal employment discrimination to have their day in court. And, of course, they would continue to game our nation's electoral system to make sure that corporate interests drown out the speech of ordinary Americans, while upholding obstacles designed to prevent those same ordinary Americans from being able to exercise their right to vote.

That's an agenda that's devastating for all Americans, not just gays and lesbians.

PFAW

The Circuit Court's DOMA Decision and the 2012 Election

Yesterday's Second Circuit opinion striking down the Defense of Marriage Act as unconstitutional is just one example of how important the courts are – and why Americans should think about the courts when they cast their vote for president.

As wonderful as the Constitution's promise of Equal Protection is, the overwhelming passage of DOMA in the 1990s shows that it's our nation's courts that turn the promise of Equal Protection into reality. When laws are passed that target gays & lesbians, Latinos, African Americans, Asian Americans, Muslims, Jews, women, or any number of other Americans, our federal courts – and especially the Supreme Court – have frequently vindicated their rights and the principles our country was founded on.

If Mitt Romney wins on Election Day, he has promised to nominate Justices like Antonin Scalia. Scalia is no friend to the powerless. He has said that if voters disapprove of homosexuality, they are free to pass laws restricting the rights of gays and lesbians. He voted to uphold Arizona's notorious SB 1070. He has interpreted federal laws in ways that make it much harder for victims of illegal sex discrimination to get their day in court. He's even said that the Equal Protection Clause doesn't prohibit sex discrimination.

And that is Mitt Romney's model Justice.

Unlike presidents, Supreme Court Justices have lifetime terms. Far-right conservatives already have a five-member majority on the nine-member Court. With as many as three vacancies opening up between now and 2016, Mitt Romney could cement a hard-right majority for decades to come.

Imagine what America would look like with a Romney Court. Then do something about it on Election Day.

PFAW