Domestic Partnerships: Huge Milestone
Jeff Alworth
Amid all this Super Tuesday focus, we at BlueOregon have been neglecting some of the local news. There is a legislative session underway and a Senate race is heating up. But all of that pales in comparison to the domestic partnerships law that took effect yesterday:
"Are you ready for your rights?" shouted leaders of Basic Rights Oregon, the state's largest gay-rights group, which provided volunteers to help people register and notarize their forms.
The crowd counted down, "10, 9, 8. . ." and the county doors swung open.
Twenty minutes later, Travis and Wrathall had their certificate of registration for a domestic partnership....
Oregon can expect about 4,500, or half of the same-sex couples counted in the 2000 Census, to register for domestic partnerships over the next three years, according to the Williams Institute on Sexual Orientation, Law and Policy, a non-profit policy research group affiliated with the UCLA School of Law. That estimate is based on what has happened in nine other states that legally recognize same-sex relationships, said Lee Badgett, research director.
This is revolutionary. It is yet another step toward treating all citizens as equal before the law. I am delighted and proud to be an Oregonian today. We owe a debt to all those folks who worked on the grassroots, on committees, and in Salem to get it done.
There's a lot going on in the political world, but we shouldn't get too caught up to pause and celebrate this moment.
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12:17 p.m.
Feb 5, '08
Well said, Jeff. I couldn't agree more.
Feb 5, '08
Sorry to be a downer, but I wanted to examine another aspect of DPs.
1:11 p.m.
Feb 5, '08
There are many aspects of DPs which can be examined and surely will in the months ahead. Not sure that raining on the LGBT community's parade by making the perfect the enemy of the good at this particular point in time makes a lot of sense to me...
Feb 5, '08
There actually WAS a big boost for equality recently...
But not in Oregon, where families headed by straight couples can freely marry, while my family is still limited to an unequal, second class subset of legal rights and benefits known as "domestic partnership."
However, a New York state appeals court just ruled, 5-0, that ALL marriages, including same-sex marriages, validly performed in other jurisdictions are entitled to equal recognition in the state of New York!
It means that my husband and I, married in Canada, are now recognized as married in New York. That is, my family would be treated as equal to every other family under current state laws in New York!
In contrast, Oregon's unfamiliar "domestic partnership" means zip in New York.
And our legal marriage, which is thoroughly acknowledged across Canada, in Massachusetts, South Africa, much of secular Europe - and now New York - also means squat here in our self-congratulatory home state.
Not that this bugs the Catholic Archdiocese of Portland, the Mormons, the Mount Olivet Baptists, or any other local Oregon religious institutions and individuals that have worked so hard and passionately to bring my human family down, because their fanciful "gods and goddesses" tell them we're somehow worth less than they are...
But check out the editorial in today's NY Times... http://www.nytimes.com/2008/02/05/opinion/05tue2.html?ref=opinion
Of course, even New York can't offer federal benefits. And we still can't get married in New York itself.
But this decision allows us to get full state recogniztion as a married couple, with kids, which is a better legal status from which to argue for equal federal recognition...
And in New York, we wouldn't need to pay the county another unequally applied "tax" for a substandard list of taxed benefits ("domestic partnership") that straight couples married in other jurisdictions automatically receive tax-free.
Feb 5, '08
Kevin: I am a member of the LGBT community.
Feb 5, '08
Also, I think I'm raining more on straight self-congratulation. LGBTs are well aware of the inherent discrimination of this already.
Feb 5, '08
Is it perfect? No.
Is it better than what the huz and I had before and a step in the right direction? Yes
Do we deserve more? Yes
Will we get there someday? Yes
Is it Ok and well deserved to celebrate even what some would condsider the smaller victories? Absolutely!
Feb 5, '08
I remember the Oregonian editorial in response to the court decision to offer marriage rights to all families in Massachusetts. The Editors cautioned gays and lesbians to be happy with, I believe, our newfound status in entertainment (I think they even mentioned the popularity of "Will & Grace"), and not push too hard for actual civil rights.
Awww...sorry to be so damn unsatisfied with second class! I know it must be hard for you nice, progressive straight people - I mean, you just threw us a bone! So it's not equality - it's a step up. Shouldn't we pause here below you guys and just chill?
Again, sorry - I'm a married dad with two kids in school and my life happens now. I know who I am, what I contribute, and what I should demand as a human being, and an American citizen. My family deserves the same basic civil rights as yours, and your only arguments against equality are religious - i.e., based on pathetic, prejudicial zip.
And while good people in Canada, Europe, South Africa move on to full equality, good, "progressive" Blue Oregonians pat themselves on the back for achieving...inequality?
Hey - we've always got that bottle bill.
Feb 5, '08
James - that cartoon says it all...
1:34 p.m.
Feb 5, '08
Thanks, Marshall--you capture my sense of this milestone perfectly.
1:38 p.m.
Feb 5, '08
Bill, I agree that domestic partnerships aren't enough. We shouldn't stop here.
My question for you: Should we have not passed domestic partnerships? Should we have let the status-quo stand until we could pass full marriage equality?
Feb 5, '08
Jeff -
Enjoy your milestone (and your marriage rights)
Feb 5, '08
As a partnered gay man, I too would have much preferred full marriage rights. But I think it's simply not pragmatic to stomp one's feet and throw a tantrum because we didn't get everything we wanted right now. Progress has been made. And there's ample cause to be happy with the gains that have come our way without abandoning the quest for continued progress until full equality is achieved.
As someone else said, we should not make the perfect the enemy of the good.
If you look at the evolution of gay civil rights in the larger scope of history, we've made breathtaking progress in a very short span of time. While it may seem too long for those of us who yearn for the totality of equal rights in our life time, it's just been a little more than 35 years since the Stonewall riots. To go from where we were then to where we are now is nearly unprecedented when compared to the much slower progress made for women's sufferage and civil rights for people of color.
So with sincere respect to those who want the same thing I want but can only see what we still lack, why not chill out a bit and enjoy what is newly in our hands. There's more to be done, sure. And we'll continue to push for it. But the game isn't won in a single sweeping move. It takes strategy and incremental progress.
1:55 p.m.
Feb 5, '08
Do all gays and lesbians think in lockstep? No
Why assume that all heteros do?
I hope that on some level you recognize that the Oregonian simply does not speak for all heteros... on any subject.
Feb 5, '08
Thank you for even asking this question. I admit to very mixed feelings.
My husband & I have wills, durable powers of attorney/healthcare attorney, second parent adoptions, etcetera, and this was an expensive, burdensome undertaking we would not wish on anyone - and domestic partnerships definitely package a lot of this pricey legal work affordably.
But it's definitely not marriage. It's not the same list of rights and benefits, the benefits are taxed (unlike the benefits conferred by marriage), and it's a separate, lesser package offered only to gay and lesbian families, and only in Oregon.
So it enforces this two-tiered system, with my family relegated to a lesser legal status than say, Jeff's. (And the reason we are here, of course, is because a religious definition of "marriage" was voted into the state constitution...)
So while it DOES represent a step in the right direction (more rights and benefits), I don't think it should let comfortable, privileged straight people pat themselves on the back and say, hey congrats, we're done here!
And in our particular situation, why would we get a domestic partnership?
We have many of the legal arrangements already, we are legally married in Canada, Europe, Massachusetts, New York - and over time, we expect a younger generation to be more proactive in defending true equality for their gay and lesbian friends, co-workers, family members than this weak, current crop of Catholic boomer Democrats...
*** But a "straight" answer to your question - it's an improvement. But not one I feel like celebrating, at least not for long. And New York probably just did more for my own family than Oregon.
Feb 5, '08
Of course! You heteros would be in lousy shape!
Feb 5, '08
As a married gay man, I'm going to keep speaking out until my family is afforded the same constitutionally guaranteed rights as Jeff's. And we're definitely not there yet in Oregon, and nobody should imagine it so, even more a moment.
2:10 p.m.
Feb 5, '08
I want to thank all the people--straight, gay or other--who worked to make domestic partnerships in Oregon a reality.
I have yet to meet a straight person who is an active supporter of Oregon's domestic partnership law who thinks that law is sufficient and that we ought to stop there. I have yet to meet a straight person who is an active supporter of Oregon's domestic partnership law who is patting himself or herself on the back and crowing about how great they are for supporting it.
Oregon's domestic partnership law will improve the lives of a lot of Oregonians and that's a good thing worth celebrating. Does it make us perfect? Not hardly. We've got a long way to go on a lot of fronts before we can even see perfection off in the distance. The same is true of New York.
Congratulations to all of us in New York and Oregon. I have confidence that many of us will continue to work on those further steps to move our whole country closer to the ideal of equality for all people.
2:12 p.m.
Feb 5, '08
Oregon Bill, you seem a little riled up at me for being straight. Others on this thread share my view of this new law, but your spleen is reserved for me. As a straight, white man, there are very few issues of social justice that I can address in a demographically homogenous way (I'm no longer even poor). Do only gays get to speak about legal rights for gays?
2:17 p.m.
Feb 5, '08
James,
I know that you are aware of the fact that I've argued strongly for what I strongly believe to be the ultimate possible equality on this issue. I know you do because we've discussed it in past threads. Ditto for Oregon Bill.
This isn't about settling for less and crassly engaging in arrogant self-congratulations as you've pretty bluntly accused. It's about recognizing what David Deyo rightly (IMHO) describes as an important milestone in an ongoing struggle.
Think about the time span between the Magna Carta and the fledgling Democracy that Washington, Adams, Jefferson & company founded, which was even then woefully short of what we take for granted today.
Just as the 4th of July is a celebration of an imperfect milestone, so too is this fine post Jeff wrote a celebration of an imperfect milestone. Can't we just for a few moments savor winning this skirmish? The war rages one either way.
Feb 5, '08
I'm not riled up at you for being straight, white, or rich. I'm riled up because you're celebrating a "milestone" that leaves my family at a distinct legal disadvantage relative to yours.
And that's not good enough.
2:29 p.m.
Feb 5, '08
We agree that you are still treated differently under the law, and that pains me a great deal. But I'm not celebrating that disparity, despite how you wish to characterize it. I'm celebrating the fact that you have more legal rights today than you did last week. To me, progress is worth celebrating.
Feb 5, '08
Hi Kevin -
I'm impatient, and I fully admit it. I want my equality, and I want it now. My youngest son's first grade teacher gave a great speech in celebration of MLK Day, and pointed out to her charges that his work here wasn't done - my son's dads were still unable to get married in the state of Oregon.
And nothing will change quickly if we pause here in a celebratory mood for long. Great, we took a step. Now fully open the door, and let us in! Mr. Atorney General?
Feb 5, '08
Jeff - Thank you. Now please act on it - do something. I called the Attorney General's ofice to ask why my family gets a different package of rights and benefits than his does. That's prohibited by the equal protection clause of the state constitution (yes, even now) - all rights and benefits offered by the state must be offered equally.
The AG's office said "but you can get a domestic partnership!"
Please tell him we're not done here.
Oregon Department of Justice, 1162 Court Street NE, Salem, OR 97301-4096 Phone number: (503) 378-4400; email address: [email protected]
2:40 p.m.
Feb 5, '08
Have you met Jeff Merkley, doretta?
Feb 5, '08
Doretta -
How about our current Attorney General? Because he's now in a position of power regarding this issue, yet his office seems quite satisfied with the new status quo.
Last post (I'm sure you're all relieved) - gotta pick up the kids!
Feb 5, '08
I'm not against DPs, I just knew that SOMEBODY had to take down the "Mission Accomplished" signs all the news outlets seem to be hanging. Because I know there are many, many people out there who are getting the impression from all this press that the mission has been accomplished.
Feb 5, '08
I will limit my celebration and happiness about getting a domestic partnership to just this week. My husband is going to take me out on a date this Friday and after that I will go on being negative about the whole situation and making sure that anytime anyone says something positive about DP's that I immediately boo-hoo it for the sake of making the same point over and over and even when someone agress with me make sure they know that they don't agree with me enough. I would shorten my celebratory time down to today but the husband already locked in the celebration date plans so I will have to extend for a few days. Hopefully I will be able to reconcile this deed with my conscience.
5:15 p.m.
Feb 5, '08
As a matter of fact, I haven't met either Jeff Merkley or Ted Kulongoski.
However, Jeff Merkley, having said he's for repeal of DOMA, clearly is not taking the position that what we have is enough and that we should stop there so he does not provide a valid counterexample.
I give Steve Novick credit for his unequivocal support for gay marriage. I also give Jeff Merkley credit for his work to get domestic partnerships passed.
5:59 p.m.
Feb 5, '08
"If you look at the evolution of gay civil rights in the larger scope of history, we've made breathtaking progress in a very short span of time."
As a gay man active in the LGBT equality movement for over 20 years, I'm glad to see one of us make this point.
Fundamentalist, true and false, zeroes and ones, all or nothing thinking works for pocket calculators and certain self-styled Christians. It does not work for me. The perfect is sometimes indeed the enemy of the good, if the world is viewed more than two colors at a time.
I am very grateful for the progress we've made towards GLBT equality in Oregon, with the active cooperation of many straight allies who have done a great deal of work for us, at great personal risk and political cost. While it's important to keep our eyes on the prize of fully equal rights, nationwide, there is no reason not to pause, be a bit grateful, and give thanks.
Thank you, very much, to the many, many thousands of straight Oregonians who have worked - in small ways and in some cases very large ways - to help my community take a large step towards full equality.
We are your allies. Thank you for being ours.
I know I'm speaking for thousands in saying so, and I sincerely hope we Oregon LGBT folk remember who are friends are in the tough elections ahead. We have friends. We need to be friends.
7:03 p.m.
Feb 5, '08
"However, Jeff Merkley, having said he's for repeal of DOMA, clearly is not taking the position that what we have is enough"
What does repealing DOMA do if you don't support marriage equality? Merkley stops at civil unions; to him apparently marriage is just between you and God. There is no "more" than civil unions that doesn't include marriage.
7:27 p.m.
Feb 5, '08
Let's not turn this into another Merkley/Novick thread. We've done that topic ad nauseum.
8:07 p.m.
Feb 5, '08
Trying to start a divisive semantic arguement on which term passes a contrived label "purity" litmus test by someone with a stunningly obvious political axe to grind is just insulting. Either the goal is full equality of rights and responsibilities under the law or it's not. Period.
Trying to drive a wedge between allies who all agree that the status quo isn't good enough can only help those who want to prevent equality from ever becoming a reality.
Feb 5, '08
Folks, all I pointed out is that this is not equal and this is not over. Something we all agree on. But something nobody was mentioning in all of this coverage. I brought perspective. Sorry it pisses people off. And don't you f*ing dare use the word "enemy" here.
11:26 p.m.
Feb 5, '08
What does repealing DOMA do if you don't support marriage equality? Merkley stops at civil unions; to him apparently marriage is just between you and God. There is no "more" than civil unions that doesn't include marriage.
Sure there is. There's federal recognition for civil unions. That's a whopping huge "more" that doesn't include marriage.
Feb 5, '08
"Chuck for" is pleased that this law has been allowed to take effect. "Chuck for" is satisfied with nothing less nor more than equal rights and responsibilities for all law abiding Oregonians. It is to be hoped that some measure of happiness is taken as that, and that proper treatment of our fellows remains our goal.
Feb 6, '08
It's as if Oregon just opened up three more rows of bus seats - and New York opened another five.
And if you mention this inequity to the Oregon Attorney General (but what about the whole bus, like you?), he'll tell you "we got you THREE MORE ROWS! Hell, you're lucky to be on the damn bus at all - you should hear my priest preach at All Saints!"
I think we're stuck at our milestone in Oregon for awhile (hey, three more rows, that's something). With our constitution amended to selectively deny rights, it will take an AG with leadership skills - or a US Supreme Court decision to declare inequality based on religious prejudice unconstitutional, to move up much further here.
8:33 a.m.
Feb 6, '08
I think you're right, Bill. We probably are stuck here for the short-term. But that's not an entirely bad thing, IMO. Keeping an eye on the margin of victory for M36, it seems to me that when the vast swath of Oregonians who aren't knee-jerk anti-gay rights, but who nevertheless supported M36, see that none of the apocolypic crisis predicted by the reich-wing don't come to pass, they'll be much more receptive to moving Oregon on to the next step. In fact, I suspect that many of them will be much more receptive to distinguishing between Church and State vis-a-vis Civil Unions.
None of that means that anyone should be pleased at the wait. Separating the secular (civil unions) from the religious (marriage) is something that I'd advocated for for a long time and I'm far from pleased that it still hasn't caught on yet. But I firmly believe that we have every reason to be expectantly hopeful that today's minor victory will inexorably lead to tomorrow's full equality for all... when finally a woman or man will be judged on the content of her/his character rather than skin color, religious belief, gender identity, sexual orientation or any other factor.
As I said before, we've won a skirmish. The war rages on either way.
Feb 6, '08
I have read through all these comments, and still am split in the middle. Happy/Sad?
My girlfriend and I live in Brooklyn, New York, and recently became domestic partners. (we love each other and want to spend the rest of our lives together, but ONE of the main reasons was to get on her health insurance) We went to the courthouse, Paid our $36 dollars. Signed the forms and left. no champagne. Our friends - both gay and straight - were thrilled for us. Saying congrats and patting us on the backs. We didn't feel the need to celebrate. Our hetero friends continue to get married and engage in engagements, parties, ceremonies. It doesn't seem fair. But at the same time, I love reading these stories of progress. It makes me think and perhaps realize that we will one day be able to marry our partners.
10:24 a.m.
Feb 6, '08
doretta, how does federal recognition of civil unions move beyond civil unions? There's a bit of 1+1=1 in your statement.
Somehow I don't think many LGBT people feel that the difference between unions and full marriage is merely semantic. Nor should they; quite obviously the differences are economic and cultural as well. In any case, how disappointing to see you label that portion of the LGBT community as "having a stunningly obvious political axe to grind." Against whom? Apparently they see a difference, or they wouldn't endorse one candidate and not another, on the basis of their relative positions. You need to stop pretending the belief that marriage matters has sprung from the evil mind of a single Novick supporter--as opposed to people like Evan Wolfson and Al Gore, among others less notable. Argue the conclusion if you must, but desist from the attempt to marginalize the breadth of sentiment for another position--because it's a provable loser.
Feb 6, '08
Kevin, I agree with you. We are on our way. And it is better to be on the bus, and sitting a few seats up, than have the "reichwing" actually run us over with the bus!
But I think honesty about our situation is critical.
Too many "straight allies," particularly those in political office, communicate, partly through inaction, that second class is enough. Their voice still falters when it comes to full-throated support of equality for our families, too.
And someone who now celebrates "domestic partnerships" - but who voted for Measure 36 - is NOT my ally. Their baseless (and I mean stunningly baseless) woo-woo religious prejudice, their support for St. Andrews, Mount Olivet, or the Mormon Temple, still keeps my family worth significantly less legally than (and don't panic here, it's just an example, and a sad and sorry fact) Jeff's. Or Hardy Myers'...
So patronizing pats on the back make me queasy. It ain't over until full equality - and that means marriage for every family, or domestic partnerships for every family. No special rights for religious bigots who think I'm worth less than they are. They're wrong. The state ultimately must offer equal rights and benefits for all of us.
And we'll get there. Maybe when my kids graduate from college..?
11:12 a.m.
Feb 6, '08
TJ, your citation of Wolfson has been debunked. He clearly and unequivicably argues for equality. You're getting hung up on the word rather than the point of the exercise.
Furthermore, as has already been pointed out to you numerous times, there are disagreements within the LGBT community over "marriage versus Civil Unions for all." My LGBT activist daughter has made that much clear on my blog, as have others here at Blue Oregon. All of that is a debate for another time.
Your attempt to turn this thread into a partisan campaign ad is insulting.
11:24 a.m.
Feb 6, '08
doretta, how does federal recognition of civil unions move beyond civil unions?
Try not to change the subject, TJ. We were talking about moving beyond where we are now. What Jeff Merkley says he wants is Federal recognition of civil unions that conveys the federal benefits that marriage currently conveys. That would be a huge step beyond where we are now. I don't think it's really that complicated.
Somehow I don't think many LGBT people feel that the difference between unions and full marriage is merely semantic. Nor should they; quite obviously the differences are economic and cultural as well. In any case, how disappointing to see you label that portion of the LGBT community as "having a stunningly obvious political axe to grind."
That one wasn't aimed at me but I'm going to comment anyway. I happen to be a gay person who got married in a lovely ceremony on the harbor in Victoria B.C. a few years ago. That was hugely significant for us even though our marriage is not recognized by any legal entity of practical significance to us. We will probably do the domestic partnership thing today for the legal protections it carries but for us the marriage carries all the emotional weight.
With that as context, let me say that "the stunningly obvious political axe" is, well, stunningly obvious to this particular gay person who is not yet committed to either candidate in the Democratic primary race for U.S. Senator. One could easily get the impression around here that certain non-GLBT Novick supporters see gay marriage more as a means to electing their candidate than an end in itself. Your attempt, TJ, to hide behind the GLBT community by claiming that that comment was aimed there is as transparent as it is disingenuous.
11:29 a.m.
Feb 6, '08
Bill,
I absolutely agree. At first I have to say that I was really hurt by what seemed to be not just a disregard for hetero allies but almost an anger towards us. But I've thought on it quite a bit since this post was put up by Jeff and I think I understand where you're coming from better.
Not queasy because we personally disgust you but rather because you don't want this to be the culmination point and fervently want us all to keep that fact in mind? If so, yes... I get that now. And I think I can speak for most if not all of the supportive heteros here in saying that we share your concern.
Please understand that we can never put ourselves in your shoes and experience this from your perspective. And perhaps it is easy for us to be eager to celebrate precisely because we can only view this from where we are. We understand that in that respect we are effectively disabled. But we do try and we are your allies through thick and thin.
11:49 a.m.
Feb 6, '08
Oh sure Kevin, Wolfson was just really sloppy to write a book about how civil unions are just as good as marriage--and then title it "Why Marriage Matters." Just an editing oversight, I'm sure. I don't know why you go on about division in the community; I asserted no unity and in fact qualify my references to the "equality community," or say "that portion" of LGBT as I DOD above. You're working a red herring on that one.
Doretta, you said he favors repealing DOMA, which is great. But that step moves us no closer to marriage equality per se. I'm interested to hear he has called for full financial benefits at the federal level; that's nice to know. When did he say that?
As for a means to an end or hiding behind a community: I don't find marriage equality to be a litmus test; marriage is not currently on the table no matter who supports it. And neither man intends to campaign on it. The reason I bring it up is not even because it is a definable difference between the two. I bring it up because as with other issues where a difference is obvious, the Merkley campaign and its supporters are seeking to blur those differences by denying they are different instead of acknowledging it and standing behind it. If Merkley wants to be against full equality, let him be that way and the voters shall judge. But don't hold a position and then pretend it's the same as your opponent's when it's not. And I didn't claim Kevin's attempt at ad hominem, like yours, was intended at the equality community. But that's obviously where it must land, since the position is the same. You can villify me all you like; it doesn't invalidate the point being made by others, and to Mme it about me insults their views as well.
Feb 6, '08
No matter how many times I hear "Merkley is against full equality," I simply don't buy it.
I first began to be politically aware and made my first steps toward getting involved in causes as a pre-teen in the height of the civil rights movement. I've been marching and singing "We shall overcome," I suspect, for longer than TJ has drawn breath. And it didn't take me long to see that the struggle for equality was not limited to the African American community.
My heart breaks over the national shame that so long after the "N" word has rightly become anathema in any public setting, one cannot cross a schoolyard without hearing equally vile epithets directed at our LGBT brothers and sisters.
It is hard not to resent being "called out" for "attempting to blur" an issue which is so close to my heart, and to which I have devoted so much effort. The stakes are too high for members of sexual minorities for us to stoop to reducing them to pawns in a single senatorial race.
Most progressive Oregonians recognize, I believe, that this is not a case of one candidate being for equality and the other against it, but rather two candidates who are for equality and have slightly differing views on how to get there, and what particular steps we must take along the way.
It is worth remembering that it was the Oregon voters, not the legislature, which foreclosed the option of marriage equality for the foreseeable future. In the immediate wake of that vote, it was Jeff Merkley who led the Democratic caucus in Salem to enact the domestic partnership law which thousands of Oregon LGBT citizens and their allies marched in the Portland rain and in other cities across our state to protect.
He did so at great political risk, and was willing to withstand the heat from those who would paint that action as defying the expressed will of the people. Given that experience, it is unsurprising that he does not ignore the use to which the religious right capitalizes upon the extent to which the civil rights and privileges granted by a marriage license are entangled with the religious rites, ceremonies and sacraments, to prevent further progress toward full equality for all under the law. Now that's a blurring of issues for political gain.
So continue railing on him over this issue all you want. Meanwhile, Jeff Merkley will continue to methodically work to get 'er done. My money's on him.
Feb 6, '08
Exactly! And I appreciate your empathy.
I've been nonplussed by the availability of domestic partnerships. The state now offers me some rights and benefits of marriage. But the state now singles my family out as worth less than other families - and even more explicitly than before.
Before Measure 36, the state constitution didn't include a discriminatory, religious definition of marriage, so what we needed was a court to acknowledge that marriage, as rights and benefits granted by the state, had to be granted to every family.
But now that mariage is religiously defined, it can't be offered equally by the state.
In fact, the state should now drop marriage, and offer everyone partnerships. But that won't happen, either, because limiting straight families to domestic partnerships would reveal their shortcomings vis a vis marriage. They'd be pissed, and demand their rights! Think about crossing a state line and losing legal custody of your children, or health care decision-making for your spouse.
So this is a weird, unequal, and static moment in Oregon history: separate and unequal rights for Oregon families, based on Christian religious prejudice in the state constitution. But with a remaining constitutional requirement for equal protection.
And inertia because: 1. many straight people now think we're equal, and 2. many religious straight people continue to believe that we're less human, and valuable than they are, and are perfectly happy with the separate but equal situation we have now.
Hence the queasiness. My kids still have parents unable to enjoy and depend on the same rights that parents of their friends take for granted. Inequality celebrated, and a fear that this inequality is now satisfactory - or appropriate - or both.
1:51 p.m.
Feb 6, '08
Bill,
The empathy isn't hard to muster. As I mentioned previously, my oldest daughter is Bi. Actually we've had several heart-to-heart talks and she's frankly not sure what her orientation is, which is fine with me. Part of that is likely a function of her age since she's still 19 for a few more days. But I love her the same either way. As a parent I'm sure you can empathize with that.
In any case, she was a very active member of GLSEN throughout highschool and represented Oregon chapters at regional (California) and national (Washington D.C.) events. LOL - I still remember when she came home from the national event and told me all about learning how to do passive resistance demonstrations. The lesson worked perhaps too well because her dorm all got sent home a day early for passively protesting some obscure GLSEN policy governing their behavior while at the event. Kids... ;-)
Feb 6, '08
Oregon Bill, I think your passion on the matter is very laudable. Your idealism is commendable. But your realism leaves much to be desired. Nobody has said we should take our scraps from the master's table, bow low in gratitude and skulk away. We must continue to push the envelope. And we will. But the situation at hand wasn't going to provide what you wanted. Would nothing at all have been preferable to you?
Before the advent of domestic partnerships, the state didn't treat you as if you had any kind of family at all. To twist forward motion into a move by the state to single out your family "as worth less than other families" given that legally you had no family in the eyes of the state previously is frankly a misreading of what has transpired. You have much, much more than you did before and the best that could be accomplished given the unfair constraints of the Measure 36 (voter approved, not legislature approved) codification of discrimination into the state constitution. The legislature did what it could within the bounds of the constitution as it reads today.
Given how terribly distressed you are at the lack of 100% equality, perhaps you should consider the obvious alternative. If you find Oregon so hostile and your newly obtained rights so lackluster, perhaps you might find Massachusetts with its full marriage rights a preferable place to locate your family? I don't say that to be in any matter unkind but if only full equality will do for your family, it can be had. Just not here...not yet.
I agree with you entirely on this point. But would you have preferred going without any measure of legal protections for your family while you waited for your white knight in the judiciary to come to the rescue?
Feb 6, '08
Thanks Kevin -
Oregon need more empathetic parents - and active, outspoken voters - like you. We're not there yet, and this should be felt, acknowledged - and inspire real action.
And GLSEN apparently does a great job in that department! Your daughter may need those skills in the years ahead. I hear that Marilyn Shannon, a couple of Mormons and the Catholic Archdiocese are still plotting to kick us entirely off the bus..!
2:15 p.m.
Feb 6, '08
Oregon Bill wrote:
"The state now offers me some rights and benefits of marriage." (emphasis added)
The State of Oregon grants every right, and every responsibility provided by marriage under Oregon law to those in a domestic partnership, with the exception of the term "m-a-r-r-i-a-g-e".
Please read OFFA Section 9:
Oregon Family Fairness Act
The State of Oregon cannot change Federal law, much less the cultural history and social perception of "m-a-r-r-i-a-g-e" in civil society. And the State of Oregon can only influence, not directly control, the policies of interstate corporations, for reasons having to do with the Interstate Commerce Clause of the U.S. Constitution (though, frankly, many large corporations are way ahead of any State when it comes to LGBT equality).
However, to charge that the State of Oregon and the people leading its government have done anything less than everything in their power to grant equal rights and responsibilities - other than the 7 letter word - to domestic partners is simply not true.
You are right, Bill. I completely agree that there's a lot of work left to be done (we're no doubt going to be screwed hard by the Federal "stimulus" packages being discussed). But, we need to aim our "guns" accurately. The Oregon Democrats have done huge work for us, and there's no need for friendly fire in this campaign.
Feb 6, '08
The issue really hadn't been addressed. The Oregon constitution didn't define marriage restrictively yet, so presumably a court could have ruled that my family did deserve the same basic rights as, say, Ted Kulongoski's. That is, if the judges didn't bow to local Christian prejudice about my "intrinsic evil" or some other bogus, supernatural whatnot.
So there was hope. Now it's explicit: I get a few taxed rights and benefits, thoroughly non-portable, while others get the real deal. Inequality enshrined in law.
And still unconstitutional. Equal protection means equal protection - the state can't offer rights and benefits unequally. And the only way you're now satisfied with this situation is if you consider my family somehow deservedly unequal.
We like it here - our family's here, our friends are here, our work is here, our kids have grown up here. And no place is perfect.
But state-imposed inequality, based on Christian prejudice, sucks. It's un-American. It's tarnished Oregon - including Blue Oregon. And I'm not going to sit here and be satisfied with crumbs, while others feast - my family's alive, equal, real, human, vocal, and in your face for a long, long time..!
OK, I gotta pick up kids (and attend a PTA meeting - very radical)
Feb 6, '08
The Oegon Attorney General should now deny marriage to straight couples, and offer domestic partnerships to every family. That's equal protection.
And yes, I know that won't happen. That would mean straight families would find themselves with something called domestic partnerships, taxed benefits that used to be untaxed, and a complete inability to get their relationships acknowledged outside the borders of our state.
OK, so perhaps the Attorney General can make domestic partnerships available to both straight and gay/lesbian families. That would be a start. So if a straight couple (and we know several) wanted to show a little solidarity, and feel a little of our pain, they could opt for the lesser package of state granted rights.
The Attorney General could also work for reciprocity - so that my real legal marriage from Canada automatically translates into the more limited benefits afforded in Oregon coach class...
And of course, as I've written before, the Attorney General could have spoken out far more forcefully in defense of equal protection during the Measure 36 campaign.
Now I'm late!
3:21 p.m.
Feb 6, '08
I don't really want to get into something that I know so little about but... I'm not sure that the Oregon AG has the legal authority to deny federal marriage benefits. It seems to me that the most he could possibly do, and that's probably dubious, is pare back state-granted rights and privileges.
3:22 p.m.
Feb 6, '08
Fr. Gilhousen, two quick responses. I was careful to say that Merkley does not favor marriage equality. I did not speak of just "equality." And it seems like you acknowledge that by continung to say that full marriage equality and no civil marriages are equal. They're not, and Merkley's position represents a leveling down, rather that leveling up. You make the point in trying to deny it. It's not just different methods, it's a different plan entirely.
3:54 p.m.
Feb 6, '08
Torrid,
You remind me of the school yard bully who goes around giving kids wedgies and then laughing about it, seemingly glibly unaware that it's not actually funny at all. But I guess that's what drinking too much Kool-Aid goes to a person... Such a person loses the capacity to distinguish between scoring productive political points and just making an ass out of him/herself.
Feb 6, '08
Oregon Bill,
You repeatedly lay fault for inequality "Christian prejudice" when in actuality this is about homophobic prejudice. There is nothing intrinsically Christian about homophobia. Christ himself makes no mention of the subject of gay people and therefore the matter isn't a part of the core doctrines of that faith.
If you want to fault people for their intolerance, let's not diminish your argument (to the extent I agree with it at all) by engaging in religious prejudice. The fact that a lot of the opposition to marriage rights and even domestic partnership was organized in conservative, fundamentalist churches is not sufficient to indict all of Christianity for their intolerance.
My partner and I are members of a United Church of Christ congregation in downtown Portland that has an openly gay and partnered man as the associate minister. There are many gay people, including couples, in the congregation. And the UCC is the only mainly denomination to pass a resolution at the national synod calling for full marriage equality for gay people.
If you're going to point accusing fingers to denounce prejudice, make sure you're not exposing your own prejudices in the bargain. Not all Christians stand against gay people. We have many allies in a number of religious organizations.
6:09 p.m.
Feb 6, '08
TJ,
"The equality community?" Of which you, presumably, are a member and I'm not?
In addition to being hilariously funny, that pretty much sums up my objection to your approach to this subject.
My chosen solution for providing equality between gay people and straight people where marriage is concerned is simply to allow gay people to get married. That's how they do it in Canada and, as I mentioned before, marriage matters to me enough personally that I went to Canada and got married even though I knew I wasn't going to get any of the legal and economic advantages most people get automatically when they get married.
However, I recognize that there are people, both gay and straight, who think there are other ways to get to equality for GLBT people on the subject of marriage. They take other positions for some combination of philosophical, pragmatic and political reasons.
It appears to me from poking around his website and Googling around the web, that Jeff Merkley is in the camp that would get to equality by having state sponsored civil unions for everyone while leaving marriage as a religious rite. If that's the case, then I think it is incorrect to say he does not support "marriage equality" for GLBT people. There are GLBT people who agree with him as they see marriage as an inherently religious construct and they don't think the state should be in the position of sanctioning religion. Are they also not part of the "equality community"?
I recognize that Steve Novick and Jeff Merkley hold different positions on gay marriage and I prefer Steve's approach. That doesn't mean I can't appreciate the work Jeff Merkley has done to help get a significant set of benefits for gay people that we've never had before.
Feb 6, '08
All the arguments made to deny our family equality under the law are religious (i.e., baseless), and the financial backers of Measure 36 and subsequent efforts to prevent establishment of domestic partnerships include the Catholic Archdiocese of Portland (no. 1), the Mount Olivet Baptist Church, the Mormon Church, and other Oregon Christian congregations. Homophobia is deeply, intrinsically Christian.
In contrast, my basic rights actually rest upon real, human agreements - state and federal constitutions. If your supernatural Jesus, Jolly Santa Claus or Flying Spaghetti Monster wants me to have full equality, too, well that's very nice. But my right to equality doesn't depend on justification from anyone's faith-based friend.
Feb 6, '08
The AG's Office is charged with defending the constitution, which presumably includes state guarantees of equal protection under the law. And Myers has a bully pulpit. But I don't expect much, especially given his muted voice during the battle over 36.
John Kroger's website has a ringing defense of civil rights. Hope for the future!
Feb 6, '08
Sounds great! But how do we get there now that Oregonians (including many "straight ally" supporters of domestic partnerships) have written their Christian prejudice against gays and lesbians into the state constitution..?
Feb 6, '08
To clarify: Homophobia is deeply, intrinsically religious ("my god hates lesbians"). Muslims are likely awful on equality for all people, too. But in Oregon, the folks out to deny equal protection are Catholics (again, the #1 backer of 36, with a busy lobbyist in Salem who worked hard to kill DPs), Mormons, and other "Christian" groups...
9:01 p.m.
Feb 6, '08
Sounds great! But how do we get there now that Oregonians (including many "straight ally" supporters of domestic partnerships) have written their Christian prejudice against gays and lesbians into the state constitution..?
I must have missed that list of "straight ally supporters of domestic partnership who wrote their Christian predjudice against gays and lesbians into the state constitution".
In my experience the intersection between the people who have actively supported creating domestic partnerships in Oregon and those who promoted measure 36 is pretty close to empty.
We get there the same way we were always going to get there. We live our lives. We work on legislation. We work on changing hearts and minds. We bring court cases.
What goes in the constitution can come out again. Measure 36 is nowhere near the first obnoxious, offensive and hurtful thing put into the Oregon constitution.
9:07 p.m.
Feb 6, '08
To clarify: Homophobia is deeply, intrinsically religious ("my god hates lesbians").
It's easy to prove that the excuse for homophobia has very often been religion. It's not nearly so obvious that religion is the cause of homophobia.
9:29 p.m.
Feb 6, '08
Re: "levelling down" vs. "levelling up"
Catchy phrase but essentially meaningless rhetoric.
One person's "levelling down" is the next person's "getting the government out of my marriage".
Was taking the ability to own slaves away from white Southerners "levelling down"? We could have gotten to racial equality by allowing black people to own white people, after all, and that would have been adding to the possiblities for black people rather than subtracting from the possibilities for white people, i.e. "levelling up".
Again, I do think that opening marriage to gay people is the right thing to do and the appropriate way to "marriage equality" but not because of some nonsensical notion of "levelling down" vs. "levelling up".
10:02 p.m.
Feb 6, '08
In my experience the intersection between the people who have actively supported creating domestic partnerships in Oregon and those who promoted measure 36 is pretty close to empty.
I certainly share that experience. However I'm not sure that's precisely what Bill was driving at. In any case, he's more than capable of expanding on what he meant, so I won't strive to do so in his stead.
That said, I don't think it a safe assumption that everyone who voted for M36 necessarily did so for the same reasons, substantially or otherwise, as those who actively promoted it. I definitely do believe that some (many?) who voted for it were motivated more by deeply held religious convictions than by any desire to deny equality to anyone. Many of whom would go along with something comparable as long as it isn't percieved as dictating to their religion.
I say all that as someone who once viewed this issue from precisely that perspective. I was fine with DPs or CUs fully equal in every respect to marriage... just so long as it wasn't called marriage. My guess is that Jeff Merkley and many others who advocate civil unions for all also once held similar views. Some perhaps still do. And I also strongly suspect that many if not most of us who came at it from that perspective also believe very passionately in the Separation of Church and State - thus the advocacy of civil unions for everyone. To our way of looking at it, anything else involves a compromise that invites slippery slopes of one sort or another. As Thomas Paine put it,
Lest anyone misunderstand me here, I'm not saying that gay marriage is bad or that I can't support it. I certainly can support it. I personally just don't see it as the best option given the Church/State implications of marriage and my absolute conviction that nothing fully and truly good ever comes from entangling Church and State. I guess a better way of stating that is to say that I see the marriage route as inherently dangerous and possibly leading to unintended consequences (ala Thomas Paine's quotation...) which could be prevented by sharply drawing a bold, stark line between Church and State and going with civil unions for all instead.
10:20 p.m.
Feb 6, '08
I didn't presume anything, other than to observe that an equality community exists, made up of both homo- and heterosexual folks. By your explanation of your position, it sounds like you're very much a part of the equality community.
As do I, as I've pointed out twice now, however much it seems you want to perceive otherwise. That doesn't make their position the least bit logical--you cannot get to marriage equality without allowing all committed couples to marry. That's what makes it equal, don't you know. There is no "other way." Getting rid of civil marriage does not prevent marriage; it only creates inequality in a different realm. When marriage has no civil context, one's only outlet for marriage will be the sacred outlets. And they are free to discriminate (not necessarily on orientation, just on faith). The only way to reach equality in civil marriage is...to provide everyone the chance at civil marriage.
Not if they don't believe marriage should be open to everyone, no.
Which is what levelling down is--preventing ANYONE from having something, as a way to placate the desires of those who only want to prevent SOME people from having it. Instead of all-race municipal pools, no pools. Instead of integrated public schools, no public schools. Your slave example follows structure but not form, since we view marriage as an inherent personal good regardles of any institutional context--but we view slavery negatively. Of course we want to reduce that which we believe harms society. The dysfunctional logic of civil unions for all is to reduce a public GOOD in the name of reducing inequality, as opposed to simply increasing access to the good thing. It not only sacrifices sociocultural benefit on a misguided notion of Jeffersonian purity, it does it for no reason, since no sacrifice is really necessary in the first place. It costs us nothing to offer marriages to more people.
That work isn't up for debate, and that's really the point--standing proudly on the achievement of civil unions IS all well and good, and something to celebrate. But that's as far as it goes; the idea of same sex couples receiving marriage recognition by the state, as opposite sex couples do freely, is not on the table.
1:26 a.m.
Feb 7, '08
Oregon Bill, I'd like to thank you for your persistence. I don't agree with every word you write, but you help me be clearer about the kind of solidarity I should strive for.
In some respects (not all) the situation now may be comparable to the situation in anti-race discrimination Civil Rights Movement sometime in the late 1950s. In one key respect it may be like the 1930s or 1940s, as the NAACP Legal Defense Fund was gradually building up a string of cases challenging Jim Crow in various places, but especially education; Brown v. Board of Education of Topeka followed a successful suit against unequal law school admissions in Texas (I think) in the 1940s, e.g. And there is nothing like Brown at all for LGBTQ equality yet.
But even after Brown I (1954) there was a second Brown decision, 1956 I believe, about implementation of the doctrine that "separation is inherently unequal" in which the Supreme Court wrote of proceeding "with all deliberate speed." At the same time the segregationists were organizing "massive resistance" (M36, DOMA etc. are equivalents). Congress passed & Eishenhower signed an anemic Civil Rights Act in 1957; Eisenhower also took a position that there were "extremists on both sides", explicitly defined as those who wanted to maintain inequality and those who wanted full equality. Quite what the moderates wanted, both inequality and equality at the same time, apparently, is logically hard to discern. But like "all deliberate speed" and like the counsels that it is going to take time for more people to change their minds before we get to full marriage equality, what he was saying represented a situation of flux and change in which many white people (including Eisenhower himself, a product of segregated Kansas) were profoundly uncomfortable with the changes even as they were increasingly being forced to face what was wrong with the status quo.
That it will take time for more change is realism. But it equally is realism that continued pressure for that change is necessary. Oregon Bill, I don't see you as saying much different from what Martin Luther King, Jr. said to the white ministers who urged him to call off his Birmingham campaign in 1963, in his Letter from a Birmingham Jail, in which he refused to be patient.
David Deyo, there is a difference between saying Christianity is inherently homophobic, which you deny, correctly, and saying that most homophobia and in particular the opposition to marriage equlity embodied in M36 derives from one form or another of Christianity, which Oregon Bill says, also correctly. Although a great many Christian ministers and priests would say that it is inherently homophobic, that the bible and (where relevant) the authority of the church define homosexuality as a sin, to be feared for its threat of eternal damnation. This is being contested increasingly in Christianity, the UCC position is particularly important since it is a trinitarian denomination out of the Calvinist traditions.
But that battle is very far from won and the UCC position is in a small minority among denominations. As Oregon Bill says, the vote for M36 was heavily driven by Christian religious beliefs. I disagree with him about how to deal with that politically, because I don't think disparaging people's faiths are apt to change beliefs rooted in them, and while I think he is right that the law is religiously rooted, it isn't overtly enough religious to be effectively challenged on church-state grounds in court IMO, which is where his position seems to point. But maybe I'm wrong about that.
On civil unions + religious marriage vs. full civil marriage with or without benefit of religion, I used to favor the former. Now I don't think it can work politically, even if it has internal logical consistency.
If we push civil unions + religious marriage, we will be pushing to redefine marriage radically. We will make the claims of the M36 people that marriage equality threatens the meaning of their marriages literally true. Equality under existing marriage law doesn't threaten anyone's existing marriage. Radically redefining marriage does.
1:37 a.m.
Feb 7, '08
Doretta, I would like to thank you separately for helping me understand elements of how to look at solidarity in a different way than Oregon Bill does.
To the "don't make the perfect the enemy of the good" folks, in my view, we are in a situation where it is a question of the good needing to remain the enemy of the mediocre, even if the mediocre is better than the quite awful. Domestic partnership is mediocre. Full marriage equality in one state is good -- but is not full marriage equality full stop until DOMA is repealed & the full faith and credit clause applies to same sex marriages.
People here may not know anyone who supported domestic partnerships and voted for M36. But it certainly was one of the arguments that the M36 promoters used to persuade people that voting yes was not simply grossly unfair: you can be for defining marriage this way and still not be unfair because you can support civil unions or domestic partnerships. Since then we see that for the leaders this was simply a lie. I doubt that many M36 yes voters were active proponents of domestic partnerships. But I think it is possible that quite a number of them are not against domestic partnerships either, which is why if the promoters of the repeal referendum should somehow appeal and win, I think they can be defeated. Those people are people for whom LGBTQ equality just isn't that important.
Feb 7, '08
Then why did a majority of Oregonians vote for Measure 36 - and express support for restricting marriage rights in polling - while another majority backed a separate package of more limited rights and benefits (domestic partnerships)?
There are certainly many people in Oregon who, driven by their Christian religious prejudice, still don't see my family as equal to their own - but don't want to see themselves as mean-spirited and prejudiced either.
So some god tells them we're unworthy of basic constitutionally guaranteed civil rights (actually, their priest or pastor generally handles that task, with their financial support), so equality is off the table (vote for 36 - change that pesky constitution to selectively restrict rights to our real, holy families - not their sinful, immoral ones).
But gee - these stories of couples unable to see each other in hospitals, the difficulties they face in securing custody of their own children - that seems unfair and wrong. And those two nice dads at school with their smart, quick-witted, well-adjusted kids - those dads volunteering as room parents, who serve on the PTA, who seem human and funny and nice and real - I'm not being mean to them.
Am I?
So congratulations! I like domestic partnerships. Marriage is of course reserved for good straight families - because that's what the mighty Thunder God Thor declares - but I'm a good person because I sort of support better rights (but not equality - because their family is still not quite as blessed as mine) for those dads.
And I say - you're not my ally. This may be a lousy political strategy, but I'm not so sure. It's honest. My family is as real, human and worthy of constitutional protection as yours. You may be satisfied, but I'm not treated equally, and we're not done.
Feb 7, '08
...and your religious argument for inequality ("Thor declares you unworthy") is bogus.
10:01 a.m.
Feb 7, '08
There are certainly many people in Oregon who, driven by their Christian religious prejudice, still don't see my family as equal to their own - but don't want to see themselves as mean-spirited and prejudiced either.
Honestly, I think you have touched on the crux for many, many Oregonians. And whether doing so is right, wrong or indifferent, that reality is a big factor in why I favor civil unions for everybody.
Yes, Chris is right that taking that route would mean redefining marriage, but so too would legally expanding marriage to encompass gays. The advantage of civil unions for everyone, IMHO, is that it bypasses the entrenched religious-based opposition you described. I mean, straight folk are going to have to accept a new understanding of "marriage" either way. There's simply no way around that fact. So why not take the route which avoids stirring up those folks prejudices? Why not use their desire to see themselves in a good light to our advantage?
It just seems to me that the issue comes down to which is more important - forcing folk to change their beliefs or equality for all?
10:24 p.m.
Feb 7, '08
Your slave example follows structure but not form, since we view marriage as an inherent personal good regardles of any institutional context--but we view slavery negatively. Of course we want to reduce that which we believe harms society. The dysfunctional logic of civil unions for all is to reduce a public GOOD in the name of reducing inequality, as opposed to simply increasing access to the good thing.
No. You and I may see civil marriage as a public good but not everyone does. In fact, quite a few very sincere people do not. I know a number of heterosexual couples who have chosen not to get married because they don't see it as a public good even though getting married would provide them with many benefits personally. That was my point in the slavery analogy, that "levelling up" effectively begs the question. It assumes that everyone agrees that civil marriage is a good thing. It's inaccurate to suggest that anyone who takes that position is against "marriage equality".
10:31 p.m.
Feb 7, '08
Then why did a majority of Oregonians vote for Measure 36 - and express support for restricting marriage rights in polling - while another majority backed a separate package of more limited rights and benefits (domestic partnerships)?
You've changed the subject. We were not talking about voters. We were talking about people who actively worked to make domestic partnerships a reality for gay people in Oregon. Those are two different groups of people. The latter is an ally in my book. The former, not necessarily so.
Feb 8, '08
Not sure about the hair splitting here...
The voters are pretty important. It was their religious prejudice that got us into this mess. And some of those same voters support domestic partnerships. But because of their votes, and financial support for their church's political efforts, marriage is now religiously defined, in the state constitution, as inherently unequal.
Interesting article in today's New York Times - the Archbishop of Canterbury has actually called for establishment of Muslim Sharia law in Britain, along with other, separate legal/court systems to satisfy the prejudices of other faiths!
http://www.nytimes.com/2008/02/08/world/europe/08canterbury.html?em&ex=1202619600&en=c90f32384440f500&ei=5087%0A
That way, the Anglicans could discriminate against gays and lesbians (while flouncing around in their velvet dresses, holding their golden staffs) in adoption, marriage, etc. with impunity, without concern for secular laws or court decisions...
Doretta - are you married? Are you a parent?
Custody, inheritance, durable powers of attorney/health care attorney, and hospital visitation are beneficial rights for many. Nobody has to get married - but it helps some, and if it's going to be an option, it has to be offered equally by the state...
8:25 a.m.
Feb 8, '08
Excellent point, Doretta. I too know hetero couples who have done the exact same thing. In fact, my in-laws are one such couple.
Feb 8, '08
I'm sure that most people have stopped reading this thread, but I'm curious...
Language is culturally powerful, and to move to full equality for all American families, we need better, and more potent, terminology.
How about "straight supremacist?"
I.e., if you actively seek to grant more rights and benefits to heterosexuals than gays and lesbians, because you don't like gays and lesbians (or because your personal god or goddess doesn't like gays and lesbians) - then you're a straight supremacist!
As in "I try to avoid support for straight supremacist organizations, like the Catholic Church."
So the KKK is a white supremacist organization; and the Southern Baptists are a straight supremacist organization. Both try to reduce the legal worth and value of their fellow citizens, based on supernatural religious prejudice. And both should be considered appalling (not to mention un-American).
What if you were being harassed by a white supremacist co-worker who brought religious literature to work? What if you were being harassed by a straight supremacist co-worker who brought religious literature to work?
Any thoughts?
Feb 8, '08
From today's NY Times article on the Archbishop of Canterbury's proposal for instituting muslim sharia law in the UK...
"This, the archbishop said, could be extended to create new legal rights for all faiths, not only Muslims. He cited Catholic adoption agencies that have resisted accepting gay couples as adoptive parents, a stand that has brought them into conflict with the law in Britain, and other religious groups that have resisted stem cell research."
The Anglicans - another "straight supremacist" organization (not to mention nuts!)
9:23 a.m.
Feb 8, '08
Straight Supremacist? Hmmm... it's a very interesting frame. Can't say as it ever would have occured to me. But it is the kind of "brain candy" that I very much enjoy pondering.
I may write about it over at my blog and see what kind of feedback it gets. If so it'd probably be tomorrow or Sunday as I have a full slate for the rest of today.
Or... better yet, if you want to frame it yourself I'd be happy to post it as a guest post on my blog. Just click my name for my email address, I've modified it just for this one post. Hopefully spammers won't glean it. LOL
9:24 a.m.
Feb 8, '08
Dammit... didn't work. Try this: kevin at oregonrainsticks dot com.
10:48 a.m.
Feb 8, '08
Doretta, you conflated civil marriage with marriage removed from any context, which is what I said originally. I think you'll have a very hard time arguing that the concept of personal committment is not an inherent good, or not universally considered of human benefit. To suggest that society does not consider marriage a social good stretches the imagination, and to further suggest that it's not clear whether there's a difference between the relative merits of marriage and slavery makes me wonder who your friends are.
We believe it is good when people pledge themselves to each other. We do not believe it is good when people are sold to one another. In any case, even allowing for detractors as you might suggest, that doesn't change the principle that you don't level down a social good. The process of seeking civil unions outside a marriage context is predicated on social commitment as a good, not an evil--so a down-leveling remedy remains an illogical prospect.
8:55 p.m.
Feb 8, '08
I think you'll have a very hard time arguing that the concept of personal committment is not an inherent good, or not universally considered of human benefit.
If I were arguing any such thing you might have a point. But since you seem to be debating for scoring points rather than making them, it's probably really stupid of me to be debating with you at all but I will try one last time.
Here is the point I have been making:
Some people believe that legal benefits provided by the state should only be provided for secular reasons in a secular context. They believe marriage is hopelessly entwined with religion (not to mention that some of them believe that the history of marriage lines up much more closely with the history of slavery that you would credit). They believe that the best way for the government to support a societal interest in personal commitment is via civil contracts that are not entwined in religious or quasi-religious institutions or ceremonies. They see removing the state from supporting marriage (not commitment) as a distinct step up, not down.
Believing that does not make them either against equality or for "levelling down".
9:22 p.m.
Feb 8, '08
Doretta - are you married? Are you a parent?
Custody, inheritance, durable powers of attorney/health care attorney, and hospital visitation are beneficial rights for many. Nobody has to get married - but it helps some, and if it's going to be an option, it has to be offered equally by the state...
Bill,
Yes, I'm a parent. If you reread upthread you will find that I got married in B.C. shortly after same-sex marriage was implemented there. Our child was already no longer a minor by the time we got that opportunity but of course the only way we would realize the legal benefits of that marriage would currently be to move to Canada. Believe me, I get the usefulness of all that stuff and I too have had the experience of raising a child in a relationship where the route by which most people get those benefits was closed to us.
The line you quoted above was about "civil marriage" for everyone vis a vis "civil unions" for everyone where "civil unions" convey all those benefits that currently go along with marriage.
I would think that given the way that marriage has been entwined with religion you of all people would welcome moving those benefits to the entirely secular construct of civil unions that would be offered to everyone.
9:26 p.m.
Feb 8, '08