Thursday, April 9, 2009

Saddle Up!

I'm becoming annoyed. I know that traditionally speaking, political conservatives are resistance to change, preferring piecemeal approaches to radical shifts in thinking. Broadly speaking, it's been that way since Edmund Burke, but what's unfolding in Iowa in reaction to Varnum is becoming something entirely different.

Maybe I'm overly optimistic. Last Friday was incredible to me- just watching status update after status update on Facebook was awesome. Everyone was happy, everyone was thrilled. I suppose, in hindsight, it wasn't going to last. Maybe I'm completely wrong- and maybe that there is an inherent conservatism in Iowa that's going to snap back into effect because 'people won't stand for this kind of thing.'

But to me, the tone, the rhetoric, the increasingly hateful opposition to the Court's decision is becoming frankly un-conservative and frankly distasteful. 'All Men Are Created Equal' is a founding principle of the United States- it's a basic freedom that Americans believe in that's lit the world for two centuries. The idea that in this country, everyone is equal under the eyes of the law is something that Americans have fought for, bled for, died for- it's been an inspiration to people struggling around the world for freedom- and it's one that's under attack by the very people who claim to cherish 'America' and 'the Founding Fathers.'

This principle doesn't require our approval, it doesn't require that we like it, but to me, it does require our fidelity. No one is asking anyone to approve or disapprove of anything- just to stand by the notion that we're all equal under the law. The fact that opponents of gay marriage seem to think that we have a right to vote on things like this disturbs me. We're a Republic, not a Democracy and we don't ask for a show of hands on things like this. It took Brown v. Board to take down segregation- imagine what would have happened if we would have taken a vote. Where would America be today? People may object to drawing parallels between the Civil Rights Movement and the Marriage Equality Movement, but it's the same basic idea: people didn't like the idea of segregation. In fact, they fought tooth and nail against it- but it happened, precisely because people put their faith in the courts to dispense impartial justice.

Anyone who's actually taken the time read Varnum would see that this is not judicial activism. This isn't reaching for or making precedent up out of thin air. This isn't judicial tyranny. We are all equal under the law. That's in the Constitution- and the traditional strict-constructionist view point, so beloved by many Conservatives in this country, means that the equal protection clause has to mean exactly what it says. It is, after all, right their in the State Constitution. And sometimes, when Constitutional principles clash with deeply held beliefs we have to do what's right: and hold fast to the Constitution. After all, there's the old maxim: 'what is right is not always popular and what is popular is not always right.'

This is a perfect example of that if I've ever seen one.

Opposition to gay marriage and Varnum has, so far, no basis in fact and no Constitutional or legal basis whatsoever that I've seen. It's been one week and I still have a wedding ring on. I still love my wife. My family still loves each other and is talking to each other. Where is the apocalyptic collapse of traditional values that was forecast? I still have yet to see one fact that supports the idea that gay marriage will hurt 'traditional marriage.' Until I see some opposition with basis in fact, Constitutional, legal or statistical, I'm going to call this what this is: opponents have a problem with gay and lesbian people. And making laws or Constitutional amendments based on the fact that you don't like a certain group of people is beyond the pale.

So stand up for the Constitution! Stand up for equality! Saddle Up! Because I've read Varnum, it's a well-crafted, fair and balanced ruling and there's nothing wrong with it. And I'm going to fight for it.

You should too: http://www.oneiowa.org

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