
Pretend for a moment that I'm your attorney and I'm making an appeal on your behalf.
If I cite
Plessy vs Ferguson in your appeal, would you automatically assume that I am calling you (or the opposing litigant) a segregationist? A racist?
All right, how about something more likely to actually happen to you in court. I'm filing a friend of the court brief in your defense and I cite
Miranda vs Arizona as part of my argument. Does that mean I think you're a criminal? Guilty as charged, but you get off on a technicality?
We can even get medieval about this. If I go aaaaaaaaaaaall the way back to
Dred Scott vs Sandford in my argument, does that mean I think that you are three fifths of a person, unworthy of full citizenship?
If you answered "no" to those hypothetical propositions, then you have absolutely no business buying in to John Aravosis'
dishonest and incendiary bullshit ravings about the recent motion to dismiss filed by the Obama Justice Department in a case concerning the Defense of Marriage Act (DOMA).
Aravosis wants you to believe that the Department of Justice cited a previous legal precedent establishing that one state's right to allow first cousins to marry doesn't obligate every other state to honor those marriages, all because Obama thinks homosexuality is equivalent to incest. For someone who claims to be a lawyer, he has a very thin grasp of federalism. Either that, or he's being deliberately inflammatory.
Smarter people than me (who also happen to hold licenses to practice law) have already
written at length about the obligation of the executive branch to uphold the laws passed by Congress, just like we learned in high school civics class. I'm not going to even try to repeat what they've said, because they have said it in far greater detail and with more precision than I ever could.
I will say this much, however. Their arguments have so far been unpersuasive to those members of the GLBT community who are presently agitating about this particular legal brief, and that anger, on the surface, seems to be based entirely on one howler of an argument so shamefully flawed it should embarrass anyone who pauses to actually read and examine the context of what was said, much less a first-year law student. There is clearly something more going on here, something unconnected to this particular motion to dismiss.
You can't reason your way out of an argument that wasn't arrived at by reason. No one can prove that the sense of betrayal, felt by those GLBTs who are presently experiencing it because of this brief, is invalid. No one can tell you that your emotions are wrong.
But if you happen to be one of those GLBTs for whom Barack Obama's unprecedented support of your basic rights still isn't good enough or fast enough, you owe it to yourself and to your compatriots to take a brief review of the Civil Rights Movement, that period of 20th century American history with which you are all, without a single exception, so quick to identify yourselves. If you want to make that kind of comparison, you need to understand what you are saying about yourself.
The first Civil Rights Act was passed in 1875. It was declared unconstitutional a mere eight years later. It wasn't until 1963, almost a hundred years after that first step, after rallies, marches, speeches, countless court cases, amendments to the Constitution, and of course, Dr. King's famous speech, that President Kennedy began making the public moves necessary to have these fundamental rights codified into law. That was a full three years after Kennedy was elected president. Barack Obama has been in the White House for five months, and even now, in 2009, we still have
crap like this circulating in the halls of government.
The point that I am making here is that change comes slowly enough as it is, but what's more, our American system of government was designed to make sure that no fundamental changes to it could be materialized in short order. This is exactly the way it should be. If it weren't, these moves toward progress could be undone just as quickly as they were attained.
During the time between the Emancipation Proclamation and the final and full realization of equal rights for blacks and other non-white minorities, the people who made a lasting difference, the people we remember as heroes, were not the ones who used dishonest and inflammatory rhetoric to make their case. They were not the ones who made enemies out of those best poised to help their cause. The luminaries of the Civil Rights Movement were just those activists who successfully blended idealism with pragmatism, sincerity with formality, and patience with perseverance.
There will be gay marriage in America. There will be an openly gay American president. If I get my way, we will see it in my lifetime. But neither of those absolutely certain mileposts in history will be brought any closer to fruition by overheated emotion aimed at demonizing the first president in history to acknowledge gay rights.
In short, John Aravosis isn't doing anyone any favors.