And how about the decision today that upheld the right of independent, bipartisan commissions to draw districts, rather than the state legislature in a case brought by Arizona State Legislature Republicans? I hope that case ends up being a landmark shift in thinking on the issue. After all as Ginsberg wrote in her majority brief, "voters should choose their representation, not the other way around." This is a huge blow against gerrymandering in a state that badly needs an independent commission drawing the district lines.
So those are some amazing decisions right there. Pretty historical. But did you know the Supreme Court made another badass decision last week? You did? Oh, well. That makes sense since the news was all over the place that... GAY MARRIAGE IS LEGAL IN ALL 50 STATES!!!!!!!!!!!!
I cannot contain my joy over this, you guys. I just can't. I think everyone reading this is well aware that I am bisexual and in a long-term committed relationship with another woman. Committed like, this is the person I want to spend my life with kind of committed. It gives me joy beyond words to know that my country will support the two of us in our devotion to each other. I really didn't think the decision was going to hit me so hard because I live in a state that already allowed gay marriage before the ruling and I am from Massachusetts, the first state to legalize gay marriage back in 2004. I have been fortunate to live with a minimum of discrimination and homophobia my whole life (though I still get looks, remarks, and conversations that I think are well beyond polite or appropriate.) I am also not looking to get married anytime soon - I'm happy living in a committed, but not legally binding, state of partnerhood for the foreseeable future. So, this decision didn't have a lot of practical use for me right this second. But it had a symbolic resonance that was unexpectedly deep and poignant for me.
I still remember the day the Massachusetts Supreme Court made same-sex marriage legal in my state. I was a freshman in high school, an active member of my school's GSA, though I was not yet aware that the ruling would have personal significance to me (read: I didn't think I was bi then). I remember the two co-presidents of the GSA coming to school in drag (she was in a tux, he was in a wedding dress). I remember my high school English teacher announcing his engagement to his partner and telling us with a twinkle in his eye that he was going to miss our final exam because he wasn't going to miss out on the chance to get married and hoped they could get in before the ruling could be reversed (it never was). I remember the pervasive feeling of elation - I remember celebrating the victory as part of a larger community and being swept up in the communal ecstasy and triumph of it all.
11 years later the joy is no less great and the triumph no less exhilarating than it was then, but it was different. I didn't hear the news at school, with a mass of friends. I heard it from my Raven after she threw her phone at the ground in excitement (and I imagine a fair bit of shock, too). We didn't celebrate in a mass of people, though there were plenty of impromptu celebrations all over our city. We celebrated together - just us. Then I went to work for the evening like nothing was different, except everything was. It took longer to sink in this time and the true meaning is still coming in flashes and pieces. My relationship is equal to a heterosexual relationship in the eyes of this country's highest court. I am a legal equal to my straight friends. I can enjoy the same rights and assurances other couples enjoy. I can make a conscious choice to not marry if I want (which for now I do). I have options. I have freedoms. I have a choice. I can exercise the benefit of a truth I have known for years - my love (and the love of other queer individuals) is not lesser in caliber or depth, nor is it less worthy of protection than that of heterosexual couples.
I'm not going to dwell too much on the negative here, though it exists in abundance. The dissents were largely foolish and bordering on homophobic in a few cases. Though I will admit I felt no surprise in any them. I also feel little surprise in the response of some states that are now forces to comply with the high court's ruling. Alabama, Texas, Louisiana, and Kansas have all made official moves at some level to go against the Supreme Court's order. Louisiana, Kansas, and Alabama are flat out refusing to issue gay marriage licenses. Louisiana and Alabama say it is just a waiting period, basically to see if the law sticks. Kansas' governor and Attorney General said they needed to study the SCOTUS decision further before "making any moves" towards a lawsuit. They will presumably sue since they are one of the few states that has outlawed gay marriage by popular vote. Texas' Attorney General said in a statement to state clerks that they did not have to issue licenses that went against their religious beliefs and though they might face legal ramifications there would be lawyers lining up to defend them.
I'm not going to dwell on these now because I am hopeful that actions will be taken to enforce the ruling and these states will eventually fall in line. Change, when thrust upon the unwilling, is slow. And 11 years is a relatively short time for those unwilling to change (though it is an interminable wait for those on the other side as I can attest). For now I am choosing to remain positive and hopeful for the future. I think everyone working for equal rights and protections for the GLBT community realizes this is still only the beginning. We have so much more to work and strive for, but a victory still deserves celebration - if only to remind us that momentum matters and that victory will breed victory. Eventually enough victories will bring acceptance, tolerance, and understanding. The road is long, and much of it is uphill, but we do not walk it alone and last Friday the United States government joined the long march towards equality in a big way. I couldn't be prouder.
Best wishes,
Owl
P.S. Though not a case ruling the Supreme Court also placed a stay on an abortion law passed in Texas until the court can decide if it is going to hear the case. The law mandates that abortion providers operate like hospital surgical centers and for abortion providers to have stronger ties to local hospitals. The law has already forced the closing of almost half of Texas' 40 providers. In a big state that means a long drive to get an abortion (and probably even to get good, reliable information about getting an abortion). If SCOTUS takes the case it will be deciding if the law places a "undue burden" on abortion providers or on women's access to the service. Let's hope they take the case, but if they don't they've at least granted a brief reprieve for Texas' remaining clinics.
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